0985) 1985 May 18 [DEMETRIADES, J.] IN THE MATTER OF ARTICLE 146 OF THE CONSTITUTION ANDREAS KOTZIAMANIS, Applicant, v. THE MEDICAL BOARD, Respondents. (Case No. 41/81). Medical Registration—Specialization—Radiodiagnosis—Recognition—Qualifications required—Whether training at Nicosia General Hospital approved for purposes of recognition— Regulation 3 of the Medical Registration (Sperialist Qualifications) Regulations, 1979—Specialization of applicant start5 ing in Athens Hospitals—And continued at the Nicosia General Hospital on the suggestion of the Chairman of the respondent Board—This fact not taken into consideration by the other members of the Board—In taking their decision to reject his application for recognition of his spe- 10 cialization they acted under a misapprehension of the true facts—Sub fudice decision annulled. Administrative Law—Administrative act—Taken apperehension of the true facts—Annulled. under mis- The applicant graduated from the Medical School of 15 Thessaloniki on the 4th February, 1977, and was registered as a medical practitioner in Cyprus on the 30th April, 1980. Between the middle of April 1977, and the end of November, 1979, he was trained in three hospitals in Athens for obtaining a post-graduate experience in Radio- 20 diagnosis ("Aktinodiagnostiki")· As a result of his said training and the passing by him of certain examinations he -was granted in Greece a certificate of specialization in Radiology. On the 3rd October, 1980, the applicant applied to the respondents to have his specialization re- 25 964 3 C.L.R. 5 10 15 20 Kotziamanis v. Medical Board cognized; and his application was rejected by the Medical Council on the ground that he had not completed a postgraduate training in that field of medicine for a period of four years as provided by regulation 3* of the Medical Registration (Specialist Qualifications) Regulations, 1979 and because the Larnaca Hospital, as well as all Hospitals in Cyprus, are not considered at present as hospitals which are approved by the respondents for purposes of recognition of the title of a specialist. In a letter** dated 14th July, 1979 addressed by the Director of Medical Services who is, also, the Chairman of the respondents, to Mr. Gregorios Pontifikas, Professor of Radiology of the University of Athens, it was stated that the Nicosia Genera! Hospital was in need of a Radiologisr and the Professor was asked to allow, the applicant to continue his specialization at the Radiology Laboratory of the Nicosia General Hospital and, after the completion of the period of his specialization, to allow him to take the exams for obtaining the title of a Specialist Radiologist; and that the Radiology Laboratory of the Nicosia General Hospital had all possibilities both in equipment and training staff for training in Radiology. Upon a recourse by the applicant: 25 30 Held, that in the light of the contents of the letter to the Professor, which is signed by the Chairman of the respondents, the allegations put forward by the respondents in their opposition and address do not appear to be correct and as, apparently, the contents of this letter were not taken into consideration by the other members of the respondent board, in taking their decision they were acting under a misapprehension of the true facts in the case of the applicant and, therefore, their decision must be annulled. Sub judice decision annulled. 35 Recourse. Recourse against the refusal of the respondents * Regulation 3 is quoted at p. 967 post. * * The text of the letter appears at pp. 968-970 post. 965 to re- Kotziamanis v. Medical Board
(1985)cognise applicant as a specialist in Radiology. A. Poetis, for the applicant. A. Vassiliades, for the respondents. Cur. adv. vuh. DEMETRIADES J. read the following judgment. The applicant graduated from the Medical School of Thessaloniki on the 4th February, 1977, and was registered as a medical practitioner in Cyprus on the 30th April,
- 5 Between the middle of April 1977, and the end of November 1979, he was trained in three hospitals in Athens 10 for obtaining a post-graduate experience in Radiodiagnosis ("Aktinodiagnostiki"). As a result of his said training and the passing by him of certain examinations he was granted in Greece a certificate of specialization in Radiology. On the 3rd October, 1980, the applicant applied to the 15 respondents to have his specialization recognised. His application was accompanied by three certificates issued by the Doctors in charge of the Radiology Department of the hospitals where he was trained, verifying that he had worked under them in order to specialise in these fields. These 20 certificates, as well as the certificate granted to him in Greece are to be found in the applicant's personal file which was produced and is an exhibit before me. The application of the applicant to be recognised as a specialist in Radiology was rejected by the Medical Coun- 25 cil on the ground that he had not completed a post-graduate training in that field of medicine for a period of four years as provided by the regulations in force. The decision of the respondents was communicated to the applicant by a letter dated 29th November,
- 30 The regulations by virtue of which the respondents are entrusted with the task of recognising a medical proctictioner as a specialist in his field are the Medical Registration (Specialist Qualifications) Regulations of 1979 (seeNo. 54 in the Third Supplement, Part 1, to the official Gazette 35 of 23rd March, 1979), the material part of which reads as follows:966 3 C.L.R. 5 10 Kotziamanrs v. Medical Board Demetriades J. «
- Τά προσόντα άτινα παρέχουσι το δικαίωμα εις πρακτήρα ίατρόν όπως περιγραφή εαυτόν ώς εϊδικόν ή όπως καθ' οιονδήποτε τρόπον χρησιμοποιή τήν λέΕιν 'ειδικός' εις οιανδήποτε είδοποίησιν έκτιθεμένην ή δημοσιευομένην δυνάμει τοϋ άρθρου 22 τοϋ Νόμου, είναι τά ακόλουθα: Μεταπτυχιακή έκπαίδευσις εις τόν οΐκεϊον κλάδον της ιατρικής διαρκείας ουχί βραχυτέρας της καθοριζο μένης έν τοϊς έφεΕής δι' έκάστην των αναφερομένων ειδικοτήτων: (α)
(6)Τέσσερα έτη εις τήν περίπτωσιν των ακολούθων ειδικοτήτων: 'Ακτινοδιαγνωστική 15 20 ("3. The qualifications which entitle a medical pra ctitioner to describe himself as specialist or in any way to use the word 'specialist' in any notice displayed or published by virtue of section 22 of the Law are the following: Post-graduate training in the relevant branch of medicine of a duration not shorter than that specified hereinafter for each of the mentioned specializations: (
- a)25 (
- b)Four years in the case of the following specializa tion: Radiodiagnosis ")- 30 Regulation 4 provides that for the calculation of the periods specified in regulations 3, there may be taken into consideration also periods of such training in more than one University Centres Training Hospitals in which training of doctors takes place or in other Training Centres which might be approved by the Medical Council. 967 Demetriades J. Kotziamanis v. Medical Board
(1985)These Regulations were made under the provisions of section 23
(2)of the Medical Registration Law, Cap. 250, as amended by section 18 of the Medical Registration (Amendment No. 2) Law, 1961 (Law 53/61). which reads as follows: 5 «
(2)Ουδείς ιατρός ηρακτήρ θά περιγραφή εαυτόν ώς εϊδικόν, ή καθ' οιονδήποτε τρόπον χρησιμοποιή τήν λέξιν 'ειδικός' εις οιανδήποτε είδοποίησιν έκτιθεμένην ή δημοσιευομένην δυνάμει τοϋ άρθρου 22, έκτος εάν ούτος ίκανοποιη τό Ιατρικόν Συμβούλιον ότι εΐναι κά- 10 τοχος τοιούτων ειδικών προσόντων, ώς ταϋτα δύναν ται νά καθορισθώσιν ύπό τοϋ Ιατρικού Συμβουλίου τη έγκρίσεϊ τοϋ 'Υπουργικού Συμβουλίου, ώστε νά δικαι ούται ούτος νά θεωρήται ώς ειδικός εις οιονδήποτε κλάδον ή ειδικότητα τοϋ ιατρικού επαγγέλματος είς ό 15 ασκεί τό επάγγελμα του.» ("
(2)No medical practitioner shall describe himself as a 'specialist' or in any way employ the word 'specia list' in any notice desplaycd or published under section 22 unless he satisfies the Medical Council that he is in possession of such special qualifica tions as may be specified by the Medical Council with the approval of the Council of Ministers, as would entitle him to be regarded as a specialist in any branch or specialization of the medical profession in which he practices".) As I have already stated, the application of the applicant to be recognized as a specialist in his field was turned down on the ground that he had not completed a period of four years as the above-mentioned regulations provide, and that the Larnaca hospital, as well as all hospitals in Cyprus, are not considered at present as hospitals which are ap proved by the respondents for purposes of recognition of the title of a specialist. 20 -5 30 However, in a letter addressed by the Director of Medi- 35 cal Services, dated 14th July, 1979, to Mr. Gregorios Pontifikas, Professor of Radiology of the University of Athens, the following are stated: «'Επειδή κατά τό παρόν χρονικόν διάστημα έχουμε 968 3 C.L.R. 5 10. 15 20 25 30 35 Kotziamanis v. Medical Board Demetriades J. απόλυτη ανάγκη της υπηρεσίας Ακτινολόγου Ίατροϋ στο Γενικό Νοσοκομείο Λευκωσίας, λαμβάνω τήν τιμή νά σας παρακαλέσω όπως έπιληφθήτε της περιπτώσε ως τοϋ Ίατροϋ Κοτϋιαμάνη Ανδρέα, ό όποιος είδικεύεται στην "Εδρα Ακτινολογίας τού Πανεπιστημίου 'Αθη νών της οποίας προίστασθε και νά σας παρακαλέσω Οπως επιτρέψετε στον έν λόγω, ίατρόν νά συνέχιση τήν ειδίκευση του ατό 'Ακτινολογικό Εργαστήριο τοϋ Γενικού Νοσοκομείου Λευκωσίας και μετά τήν συμπλήρωση τοϋ χρόνου ειδικεύσεως του, τοΰ επιτρέψετε νά ύποστή τις εξετάσεις γιά τήν απόκτηση τίτλου ειδικό τητος 'Ακτινολόγου Τό Ακτινολογικό 'Εργαστήριο τοϋ Γενικού Νοσοκο μείου Λευκωσίας έχει όλες τις δυνατότητες τόσον άπό πλευράς εξοπλισμού Οσον και άπό πλευράς εκπαιδευ τικού προσωπικού γιά νά παράσχη εκπαίδευση στην Ακτινολογία Θά είμαστε στη διάθεση σας γιά περισσότερες πλη ροφορίες όσον άφορα τό επίπεδο εκπαίδευσης τοϋ 'Ακτινολογικού 'Εργαστηρίου τοΰ Γενικού Νοσοκομείου Λευκωσίας. (Δρ. Α. Α. Μαρκίδης) Διευθυντής Τμήματος 'Ιατρικών Υπηρεσιών» ("As at present we are in urgent need of the services of a Radiologist in the Nicosia General Hospital, I would request you to consider the case of Dr. Kotzia manis Andreas, who is specializing in the faculty of Radiology at the University of Athens headed by you and to request you to allow the said doctor to continue his specialization at the Radiology Laboratory of the Nicosia General Hospital and, after the completion of the period of his specialization, to allow him to take the exams for obtaining the title of a Specialist Radio- / logist, The Radiology Laboratory of the Nicosia General 969 Demetriades J. Kotziamanis v. Medical Board
(1985)Hospital has all possibilities both in equipment and training staff for training in Radiology. We shall be at your disposal to give you more information regarding the standard of training at the Radiology Laboratory of the Nicosia General Hospital. 5 (Sgd) A. A. Markides, Director of the Department of Medical Services.") 10 In the light of the contents of this letter, which is signed by the Chairman of the respondents, the allegations put forward by the respondents in their opposition and address do not appear to be correct and as, apparently, the contents of this letter were not taken into consideration by the other 15 members of the respondent board, I feel that in taking their decision they were acting under a misapprehension of the true facts in the case of the applicant and, therefore, their decision must be annulled. In the result, the recourse is allowed and the sub judice decision is annulled. 20 The respondents to pay the costs of these proceedings. Sub judice decision annulled. Respondents to pay applicant's costs. 970 25