IN THE SUPREME COURT OF MAURITIUS Before the Honourable Judge sitting in Chambers, IN THE MATTER OF:- 1. Muhammad Ali Zoubair FOKEERBUX, of of 7 Ignapatnah Street, Port Louis. 2, Jamillah ABDOOL RAHEEM, of 19, Georges Gulbert Street, Curepipe Road, Curepipe 3. Divya Lakshmi MOTAH, of 257, Royal Road, Phoenix. 4, Ved Prakash AWOTAR, of Awotar Lane, Plaine Magnien. 5, Muhammad Mishkaat Hussein NOORAH, of La Caverne No. 1, Vacoas, 6. Chris Noél LEUNG CHUNG TSEUNG, of 8, Morcellement Rogers, Rose Hil 7. Akshay Kumar Malik Julleekeea PARMESSUR, of 20, Lady Twining Street, Beau Bassin 8, Naail DOOMUN, of 43, Avenue Marguerites, Morc Montreal, PH2, Belle Etoile, Coromandel 9, Ackmez tbni Mutalib HULKOREE, of Kashmir Road, Goodlands. 10. Muhammad Saahir RAMPUTH, of 12a, Léon de Froberville Street, Curepipe. LL. Mohammad Aadil BUROKUR, of 13, Rue Apricot, More Montreal 2, Coromandel 12, Vedita JUGGERNAUTH, of 12, Ollier Avenue, Rose Mill. 1. Natarajen SOOBEN, of Royal Road, St Julien D'Hotman, 14, Bibi Nawsheen Goolam DUSTAGHEER, of 27C, Leclezio Street, Curepipe 15, Shazia DURGAHEE, of 2, Oomar Peerojee Lane, Centre de Flaca, 16, Shaheen KHOYRUTTY, of St Remy, Central Flaca, 17. Ashleen PARAHOO, of Petit Verger, St Pierre. 18, Mohammad Irfan JEWON, of 1218, Dr Ferrigre Street, Tréfles, Rose Hil. 19, Mohammad Fayasz Muyudhin MUNGUR, of Highlands, Phoenix. 20. Dhavin GOPAL, of Impasse Remi Ollier, Bonne Terre, Vacoas, 21, Emmanuel Marie Giovanni TERASAWMY, of Fuel S.£., Union Flacq 22, Bibi Warda KATAULLY, of Rosun Lane, Union Park. 23. Zeyba Bibi KHODABOCUS, of Royal Road, Grand Bay. 24, Sneha BALLAH, of Royal Road, Piton. 25. Monita SAHODY BUSGOPAL (Born SAHODY], of Morcellement Edoo, Glen Park, Vacoas. ‘APPLICANTS vis THE MINISTRY OF HEALTH AND QUALITY OF LIFE, service to be effected upon its Permanent Secretary, of €. Anquetil Building, Port Louts. RESPONDENT In the presence of: THE MEDICAL COUNCIL OF MAURITIUS, service to be effected upon its registrar cof One way Floreal Road, Floreal 2. PUBLIC SERVICE COMMISSION, of Louis Pasteur Street, Forest Side CO-RESPONDENTS Pai Caxa iTAndin the matter of: ExParte: ‘Muhammad Ali Zoubair FOKEERBUX, of of 7 Ignapatnah Street, Port Louis. Jamiilah ABDOOL RAHEEM, of 19, Georges Guibert Street, Curepipe Road, Curepipe, Divya Lakshmi MOTAH, of 257, Royal Road, Phoenix. \Ved Prakash AWOTAR, of Awotar Lane, Plaine Magnien. ‘Muhammad Mishkaat Hussein NOORAH, of La Caverne No. 1, Vacoas. Chris Nod! LEUNG CHUNG TSEUNG, of 8, Morcellement Rogers, Rose Hill. ‘Akshay Kumar Malik Julleekeea PARMESSUR, of 20, Lady Twining Street, Beau Bassin. 8. Naail OOOMUN, of 43, Avenue Marguerites, Morc Montreal, PH2, Belle Etoile, Coromandel. 8. Ackmez fbni Mutalil HULKOREE, of Kashmir Road, Goodlands, 110, Muhammad Saahir RAMPUTH, of 122, Léon de Frobervlle Street, Curepipe. 111, Mohammad Aadil BUROKUR, of 13, Rue Apricot, Morc Montreal 2, Coromandel 12, Vedita JUGGERNAUTH, of 12, Oller Avenue, Rose Hil. 13. Natarajen SOOBEN, of Royal Road, St Julien D'Hotman, 14, Bibi Nawsheen Golam DUSTAGHEER, of 27C, Leclezio Street, Curepipe 115. Shazia DURGAHEE, of 2, omar Peerojee Lane, Centre de Flaca, 16. Shaheen KHOYRUTTY, of St Remy, Central Flaca 17. Ashleen PARAHOO, of Petit Verger, St Pierre. 18. Mohammad Irfaan JEWON, of 1218, Or Ferriére Street, Tréfles, Rose Hil 19. Mohammad Fayaaz Muyudhin MUNGUR, of Highlands, Phoenix. 20. Dhavin GOPAL, of Impasse Remi Ollier, Bonne Terre, Vacoas. 21, Emmanuel Marie Giovanni TERASAWMY, of Fuel S.E,, Union Flaca. 22. Bibi Warda KATAULLY, of Rosun Lane, Union Park. 23. Zeyba Bibi KHODABOCUS, of Royal Road, Grand Bay. 24, Sneha BALAK, of Royal Road, Piton. 25, Monita SAHODY BUSGOPAL (Born SAHODY], of Morcellement Edoo, Glen Park, vacoas. APPLICANTS. |, Muhammad Ali Zoubair FOKEERBUX, a student, of 7 ignapatnah Street, Port Louis, holder of National identity Card No. 2009903800567. (MAKE SOLEMN AFFIRMATION AS A MUSLIM AND SAY THAT: 1. 1am the Applicant No.1 in the abovematter. 2, 1am duly authorized by the other Applicants to solemn affirm the present affidavit in support of the present application on their behalf as well lexpress.muWe are all qualified medical graduates, holders of Bachelor of Medicine and Bachelor of Surgery (M885) certificate or its equivalent. Respondent ‘The Respondent operates under the portfolio of the Minister of Health and Quality of Life and has amongst its main functions, to control the practice of medicine, dentistry and pharmacy in Mauritius. Co-Respondent No.1 >. Co-Respondent No.1 is established under section 3 of the Medical Council Act 1999 as amended, under the aegis of Respondent and is a body corporate, comprising of i). registered medical practitioners; {ii) A representative of the Ministry responsible far the subject of health and who is a registered medical practitioner; i) A representative of the Prime Minister's Office; (iv) A representative of the Attorney General's Office and (v) 5 persons who, not being medical practitioners, shall be appointed by the Minister. |. Co-Respondent No.1 has among its functions, namely to:- (a) Establish a code of Practice for the medical profession on standards of professional conduct and medical ethics and monitor compliance with such 3 code; and {b) Promote education and training of medical practitioners generally Co-Respondent No.1 has a duty to keep registers of general practitioners, of specialists, ‘of pre-registration trainees, of temporarily registered general practitioners and specialists and such other register as the Council may determine In general, any person applying to be registered in any category must apply in person and has to submit a list of specified documents. The Registrar would register an applicant if the applicant produces evidence to the satisfaction of the chairperson that the applicant has obtained a diploma in medicine or a specialist qualification and where the name of the applicant has been entered in the register, the Registrar must not later than 21 days from the date of receipt of this application, notify the applicant in writing of his registration, lexpress.muApplicants 9. In oF about 2009, Applicants Nos. 2, 4, 14, 15 and 16 began medical studies at the University of Mauritius in collaboration with Universite de Bordeaux, France, having the minimum requirements of Grades A, A and 8 at A-Levels examinations conducted by the Cambridge Board of Examiners in Mauritius. The said Applicants proceeded to Bordeaux, France to complete the S® and 6” years of studies. Applicants Nos. 17, 19 ‘and 22 graduated from the University of Mauritius. 10. | aver that the remaining other Applicants have proceeded for further studies abroad, in China and in Russia in Medical universities recognized by the World Health Organisation. ‘The Chronology of Events 11. Laver that: {a) Applicants have successfully completed their Studies after 5 to 6 years at the University in Mauritius or overseas and thus holder of a Medical degree. (b) Applicants are holders of Pre-Registration Trainee Certificate issued by the Co- Respondent No.1 certifying that Applicants are provisionally registered in accordance with section 24 of the Medical Council Act 1999 as amended and is authorized to undergo pre-registration training in the Republic of Mauritius; a Copy of the Pre-Registration trainee Certificate for_one Applicant is hereto ‘annexed and marked ANNEX A. 12, Laver that the Pre-Registration certificate is issued by Co-Respondent No.1 only afterall documents submitted by us, more particularly the A-Levels certificates and the Medical Certificates, are verified. Once issued with the Pre-registration certificate, Applicants proceeded to Respondent to apply for training in public hospitals by submitting all relevant documents including the Pre-registration certificate issued by Co-Respondent No.1 and by filling forms with Co-Respondent No.2. Our names are put on a waiting lst for trainees and recruitment into public hospitals are usually done on a ‘first come first served’ basis. 13.1 further aver that a list of Pre-Registration trainees from the Respondent is sent to the Co-Respondent No.2 for approval as vacancies arise when former trainees have completed the required period of internship. The Co-Respondent No.2 approves the list and sends it back te Respondent which issues letters to candidates for pre-registration training, usually three weeks upon receiving the approved list from the Co-Respondent No.2 14, | aver that it has been the usual practice that once an applicant is issued with @ Pre- registration certificate from the Co-Respondent No.1, within a delay of a few weeks, the applicant receives a request from Respondent to start is training period, which is of @ lexpress.muduration of 18 months, at any of the 5 regional public hospitals. After completing the 18, months training period, the applicant becomes a registered doctor and can apply through the Public Service Commission (Co-Respondent No.2) to practice as General Practitioner in public hospitals or private clinies or even proceed for further studies to specialise in certain fields where there isa lack of specialist medical practitioners. 15. | further aver that it has been more than several months that we are kept in the dark as to our future career, having received no communication from the Respondent for now several months. 16. | further aver that it has been normal practice for the Respondent to recruit two intakes of Pre- Registration candidates annually but since October 2015, there has not been any recruitment done, that is for the last twelve months, pre-registration candidates are left ‘waiting for an indeterminate period in dilemma. 17. Laver that a group of 158 candidates was recruited in 2015 and we are the next batch ‘waiting to be enrolled for internship. In February 2016, one batch of 60 pre-registration ‘candidates finished their internship, another batch of 60 candidates finished in March 2016 and a third batch of 60 candidates finished in September 2016 such that there are 180 available seats for pre-registration applicants. 18. According to the Budget estimates of the Ministry of Finance an Economic Development, there is provision for 375 paid posts for pre-registration house officers. | mit a copy'of budget for Respondent, which is hereto annexed and marked ANNEX 19. | aver that we have learnt through the media about the amendment brought to the ‘Medical Council Act to impose that students holding a degree in medicine and holder of a Pre-Registration trainee Certificate issued by Co-Respondent No.1 to undergo an additional examinations before being offered internship at public hospitals entitling the candidate to become a registered medical practitioner. We have not received any formal communication from the Respondent. submit a copy of the Press Communique sued by Co-Respondent No.1, which is hereto annexed and marked ANNEX C, 20. Following the promulgation of the Finance (Miscellaneous Provisions) Act 2016, the ‘Medical Council Act was amended as follows:- Section 24 of The Medical Councit Act is amended by adding the following subsection (5) ‘Entry. exomination for pre-registration trainees shall be conducted by an independent body of international repute under the aegis of the Council before such trainees are enlisted by the Ministry. lexpress.mu21. Laver that itis only through the media that we have been made aware of the following namely:- The Cabinet decision of 9 September 2016 that Respondent, Ministry of Education and Human Resources and the University of Mauritius would sign an Accord-Cadre with the Universite de Bordeaux, Le Centre Hospitalier de Bordeaux and the French Embassy to renew existing arrangements regarding amongst others the provision of pre-registration training to doctors in accordance with the provisions of the Medical Council Act. 22. Applicants aver that at a press conference the Minister of Health and Quality of life stated that candidates on pre-registration internship will have to take part in examinations and a ranking system will be applied for recruitment for internship in public hospitals, which examinations will be carried out by the National Board of Examinations of Indi 23. As at date, Applicants have not been provided with any official communication from Respondent of Co-Respondent No.1 to provide them with such crucial details in respect of the said examinations, namely, the dates same would be held, the syllabus to be covered, the pass marks, ability for retake, ete. 24. Applicants are legally advised and verily believe that the amendment to the Medical Council Act cannot be given retroactive effect inasmuch as we were already holders of Pre-Registration trainee Certificates and had already applied to the Respondent for internship well before the coming into force of the new legislation that is the amendment to the said Act. Prejudice 25, Applicants have been and are heavily and unjustly being penalized and prejudiced by Respondent's undue delay in processing our application for internship. For many of us, several months have lapsed and we are left in doubt as to our future, without any ‘means to earn our living, being financial dependent on our relatives for our day-to-day expenses and unable to reimburse loans contracted to finance our studies. Some of us are civilly married, with children and cannot meet our financial burdens. We are living under undue stress, uncertain about our professional future and our career, after having devoted most of our time to long and very difficult hours of studies and hard work, putting aside our social life and at the expense of our family life, with the hope that after these years of sacrifice, we would reap the benefits of our efforts and would be able to put our acquired knowledge and experience to the service of the publi axa]26. We aver that:- (a) we have made substantial monetary investments to follow medicine courses, for some of us over RS 2,000,000; {(b) By accepting our application for internship as it has been the usual practice for so many years, we were made to believe that we would soon be called for our internship and were thus given a legitimate expectation to be offered our training at a public hospital, a start to our promising career, the moreso that we have been given to understand that the Public Service Commission has already approved the list of pre-registered trainee, which should include us, the first group on the list. Irreparable prejudice and damages that cannot be compensated by pecuniary damages. 27. Further in view of the substantial investment, effort and dedication we have put into cour studies and the legitimate expectations we had to be offered our pre-registration internship at a public hospital, we are suffering great and irreparable prejudice and inconvenience that cannot be adequately compensated by damages inasmuch as should the examinations be conducted, those who have graduated after us and are not even holders of pre-registered trainee certificates from Co-Respondent will get priority over us in obtaining internship at public hospital. This situation will seriously affect our career as those who were qualified after us will become fully-fledged medical practitioner before us and our aspiration to embrace a career we have longed for is shattered by the sudden decision of Respondent which is unjustly and unlawfully being imposed retroactively upon us. Balance of inconvenience 28. | aver that grave and irreparable prejudice and damages that cannot be estimated in monetary value will be caused to Applicants since the new legislation is being unjustly interpreted by Respondent as having given retroactive effect and Respondent imposes upon us entry examinations for pre-registration trainees. The balance of inconvenience is in Applicants’ favour and the urgent intervention of the Honourable Judge is required to protect our acquired rights and legitimate expectations, 29. By imposing the entry examinations upon applicants, holders of Pre-Registration Certificate issued by Respondent No.1, Respondent is giving retroactivity effect to the legislation in complete defiance of our acquired rights and our legitimate expectations. Main action lexpress.mu30. We intend to lodge @ main action to vindicate our rights and will pray for leave to apply for a Judicial Review for a Declaration Order that the decision imposed’ by Respondent, ‘upon Applicants to undergo pre-entry examinations is improper and infringes our acquired rights. 31. In the circumstances, it is urgent and necessary that an Interim writ of Injunction be issued: (A) RESTRAINING AND PROHIBITING the Respondent and Co-Respondents from: (a) Refusing to process and grant the application of Applicants, already holders of Pre-registration certificate from Respondent No.1, for pre-registration training at 2 public hospital which would qualify us as general practitioners; (b) From imposing upon Applicants, holders of Pre-registration certificate the necessity to undergo entry examinations before being granted the pre: registration training in public hospitals; (c) Holding the pre-entry examinations for all newly qualified medical graduates prior to their enrollment for training in the Regional public hospitals. (8) A SUMMONS calling upon the Respondent and Co-Respondents to show cause on a day and an hour to be fixed, to show cause, if any, why the Interim Order/s should not be converted into an Interlacutory Injunction and this pending the hearing and final determination of the main case to be lodged before the Supreme Court; IN THE ALTERNATIVE, should the Honourable Judge sitting in chambers decline to make the Orders prayed for at prayers (A] and (8) above, then for a SUMMONS to issue calling upon the Respondent and Co-Respondents to appear on a day and an hour to be fixed, to show cause, if any, why an Order in the nature of an interim writ of injunction should not be made: (a) Refusing to process and grant the application of applicants already holders of Pre-registration certificate from Respondent No.1, for pre- registration training at a public hospital which would qualify us as general practitioners; {b) From imposing upon Applicants, holders of Pre-registration certificate the necessity to undergo entry examinations before being granted the pre-registration training in public hospitals; {c) Holding the pre-entry examinations for all newly qualified medical graduates prior to their enrollment for training in the Regional public lexpress.mu‘And this pending hearing and final determination of the main case to be lodged before the Supreme Court; 32. We pray according. Solemnly affirmed by the deponent at) ‘chambers, New Court Hause, Port Louis, } {S) Muhammad Ali Zoubalr FOKEERBUX This 6* day of October, 2016. ) Drawn up by me, Before me, (5)A.RAGAVOODOO (SN. Gueas APPLICANTS’ ATTORNEY ‘SUPREME COURT This affidavit willbe filed before the Honourable Judge in Chambers. {SJARAGAVOODOO APPLICANTS’ ATTORNEY lexpress.mu