Allowed

Dr. Himal Raj v. State Kerala

Kerala HC3 Feb 2017WP(C)/500/2017

Case brief

AI extract

What is this about?

The Court allowed the writ petitions. It held that the petitioners, who had completed Super Speciality courses and already undertook bonded obligations under a 2008 Government Order, were not entitled to undergo compulsory government bond service again. Relying on a common judgment in W.P.(C). No. 27652/2016, the Court directed respondents to complete remaining formalities.

What did the court decide?

Direction to take action to complete formalities regarding petitioners' bonded obligations if any remain, based on prior undertaking under Ext. P1.

Dr. Himal Raj Vs State Kerala — Education and Admissions | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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FRIDAY, THE 3RD DAY OF FEBRUARY 2017/14TH MAGHA, 1938

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WP(C).No. 500 of 2017 (J)

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PETITIONER(S):

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1. DR. HIMAL RAJ, AGED 31 YEARS, S/O.MOHAN RAJ, 113, SIVARANJANI, GCDA COLONY, THOTTAKKATUKARA P.O., ALUVA, ERNAKULAM DISTRICT.

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2. DR. BENNY JOSE, AGED 34 YEARS, S/O.P.D.JOSE, PANACKEL HOUSE (VLRA 77), VATTAPPARAMBU LANE, AZAD ROAD, KALOOR P.O., COCHIN - 682 017.

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BY ADVS.SRI.C.A.NAVAS SRI.T.K.SASIKUMAR

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001.

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2. THE DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, THIRUVANANTHAPURAM-695 001.

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3. THE JOINT DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM-695 001.

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4. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM - 695 001.

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5. THE MISSION DIRECTOR, NRHM, THIRUVANANTHAPURAM - 695 001.

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6. THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, KOZHIKODE-677 602.

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R1-R4 & R6 BY GOVERNMENT PLEADER SMT.K.R.DEEPA R5 BY ADV.SRI.M.AJAY, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-02-2017 ALONG WITH WPC.532/2017 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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msv/

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WP(C).No. 500 of 2017 (J)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 THE TRUE COPY OF THE GOVERNMENT ORDER GO (MS)NO. 533/2008/H & FWD DATED 07.10.2008

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EXHIBIT P2 THE TRUE COPY OF THE CERTIFICATE DATED 13.08.2007 OF THE 1ST PETITIONER

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EXHIBIT P3 THE TRUE COPY OF THE CERTIFICATE DATED 09.01.2007 OF THE 2ND PETITIONER

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EXHIBIT P4 THE TRUE COPY OF THE GOVERNMENT ORDER GO (MS)NO. 56/2012/H & FWD DATED 16.02.2012

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EXHIBIT P5 THE TRUE COPY OF THE GOVERNMENT ORDER GO (MS)NO. 293/2012/H & FWD DATED 06.09.2012

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EXHIBIT P6 THE TRUE COPY OF THE COVERING GOVERNMENT ORDER GO (RT) NO. 1950/2013/H & FWD DATED 05.06.2013 WITH PROSPECTUS FOR ADMISSION TO POST GRADUATE/SUPER SPECIALTY COURSES, KERALA 2013

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EXHIBIT P7 THE TRUE COPY OF THE RELEVANT PAGES OF PROSPECTUS FOR ADMISSION TO POST/GRADUATE/SUPER SPECIALTY COURSES, KERALA 2015

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EXHIBIT P8 THE TRUE COPY OF THE NOTICE DATED 29.04.2016 EXHIBIT P9 THE TRUE COPY OF THE GO (MS)NO. 100/2015/H & FWD DATED 12.05.2015

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EXHIBIT P10 THE TRUE COPY OF THE RELEVANT PAGE OF THE ORDER NO. B4/20651/2016 DME DATED 08.2016

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EXHIBIT P10 TYPED COPY OF EXHIBIT P9

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EXHIBIT P11 THE TRUE COPY OF THE JUDGMENT DATED 02.12.2016 IN WPC.NO. 27652/2016 THIS HONOURABLE COURT

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RESPONDENT(S)' EXHIBITS

NIL

//TRUE COPY//

P.S.TO JUDGE

msv/

SHAJI P. CHALY, J.

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W.P.(C). Nos. 500 & 532 OF 2017 ----------------------------------------

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Dated this the 03^rd day of February, 2017

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JUDGMENT

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The captioned writ petitions are materially connected.

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They are in respect of a bond to be executed by the petitioners, students of Super Speciality Courses, consequent to a modification made after the admission and during the fag end of the course. Petitioners are doctors, who have completed their Super Speciality Courses, during the academic session, 2013-16, in their respective streams from the Government Medical Colleges in the State of Kerala. Petitioners are aggrieved by the demand made to undergo compulsory government bond period, in addition to the satisfactory completion of the prescribed period of statutory bond undergone cumulatively, either after the completion of the MBBS degree course or after the Post Graduate Course.

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The subject matter was considered by this Court in W.P.(C). No. 27652/2016 along with other connected

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W.P.(C). Nos. 500 & 532 OF 2017

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cases and a common judgment was passed on 02.12.2016 and held that the stipulations contained under Exts. P15 to P17 thereunder, which are notice dated 29.04.2016 and orders dated 12.08.2016 and 12.08.2016, respectively in respect to the students undergone the Super Speciality course during the period of 2013-16 are not entitled to undergo the bonded service, if they have already undertaken the bonded obligations, as per Ext. P1 government order dated 07.10.2008 under which petitioners secured admission to the Super Speciality Course in various streams. The direction contained in that judgment squarely applies to the petitioners in these writ petitions also.

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Therefore, there will be a direction to take necessary action to complete the formalities if any remaining in respect of the petitioners if they have undergone the bonded obligation as per Ext. P1 government order specified above. A finality shall be attained to the entire proceedings within two months from the date of

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W.P.(C). Nos. 500 & 532 OF 2017 3

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receipt of a copy of this judgment including the return of the certificates surrendered by the petitioners. All directions contained in the common judgment will apply to the petitioners in these writ petitions also.

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Writ petitions are disposed of accordingly.

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SHAJI P. CHALY JUDGE

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DCS

Dr. Himal Raj v. State Kerala

Case brief

What is this about?

What did the court decide?

Dr. Himal Raj v. State Kerala

Case brief

What is this about?

What did the court decide?

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