Petitioner teaching faculty members sought regularization as full-time faculties in a Government Medical College. The Court directed the Government to take a final decision based on a provisional GO after legal scrutiny within three months.
The Government should take a final decision to regularize petitioners within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY ,THE 14TH DAY OF SEPTEMBER 2018 / 23RD BHADRA, 1940
WP(C).No. 2121 of 2017
PETITIONER/S:
1 DR.KIRAN THOMAS, ASSOCIATE PROFESSOR (GENERAL MEDICINE),INSTITUTE OF INTEGRATED MEDICAL SCIENCES (IIMS)/GOVERNMENT MEDICAL COLLEGE, EAST YAKKARA,PALAKKAD - 678013.
2 DR.RESHMA SAJAN K.K., ASSOCIATE PROFESSOR (OBSTETRICS AND GYNECOLOGY), INSTITUTE OF INTEGRATED MEDICAL SCIENCES (IIMS)/GOVERNMENT MEDICAL COLLEGE, EAST YAKKARA, PALAKKAD - 678013.
3 DR.LEENA PHILIPOSE, ASSOCIATE PROFESSOR (DENTISTRY), INSTITUTE OF INTEGRATED MEDICAL SCIENCES (IIMS)/GOVERNMENT MEDICAL COLLEGE,EAST YAKKARA, PALAKKAD - 678013.
BY ADVS.
SRI.K.JAJU BABU (SR.) SMT.M.U.VIJAYALAKSHMI SRI.ARJUN SANTHOSH
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY ITS SERETARY TO GOVERNMENT, SCHEDULED CASTE AND SCHEDULED TRIBE DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
WP(C).No. 2121 of 2017 2
4 THE PRINCIPAL, INSTITUTE OF INTEGRATED MEDICAL SCIENCES (IIMS)/GOVERNMENT MEDICAL COLLEGE, EAST YAKKARA, PALAKKAD - 678013.
5 THE SPECIAL OFFICER, INSTITUTE OF INTEGRATED MEDICAL SCIENCES (IIMS)/GOVERNMENT MEDICAL COLLEGE, EAST YAKKARA,PALAKKAD - 678 013.
6 MEDICAL COUNCIL OF INDIA, POCKET-14, PHASE - 1, SECTOR 8, DWARKA, NEW DELHI, DELHI-110077,REPRESENTED BY ITS REGISRAR.
BY ADVS. SRI.TITUS MANI VETTOM, SC, MEDICAL COUNCIL OF INDIA BY SERNIOR GOVERNMENT PLEADER, SMT.NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioners are teaching faculties appointed in the
Government Medical College, Palakkad. They approached this
Court seeking directions to the Government to regularize them as
teaching faculties. The petitioners would submit that they all
have the requisite qualifications to be appointed as Full Time Faculties.
WP(C).No. 2121 of 2017 3
This would show that the Government had taken a provisional decision to regularize the teaching staff included in the 'A' category and final decision will be taken only after legal scrutiny.
Ext.P20 is the list in which the petitioners' names are figured.
In the light of the above, the Government shall take
Ext.P21 in its logical decision within a period of three months.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT-P1: COPY OF THE GOVERNMENT ORDER GO(RT).NO.437/2013/SCSTDD DATED 23.03.2013.
EXHIBIT-P2:
COPY OF THE ORDER OF APPOINTMENT VIDE NO.EB/GMC/PKD/02/2014 DATED 14.02.2014 OF THE 1ST PETITIONER WITH PAY FIXATION AS ASSOCIATE PROFESSOR DATED 01.04.2014.
EXHIBIT-P3:
COPY OF THE APPOINTMENT ORDER VIDE NO.EB/GMC/PKD/02/2014 DATED 14.02.2014 OF THE 2ND PETITIONER WITH PAY FIXATION DATED 01.04.2014.
WP(C).No. 2121 of 2017 4
EXHIBIT-P4: COPY OF THE APPOINTMENT ORDER VIDE NO.EB/GMC/PKD/02/2014 DATED 06.03.2014 OF THE 3RD PETITIONER WITH PAY FIXATION ORDER DATED 16.03.2014. EXHIBIT-P5: COPY OF THE MEMORANDUM OF ASSOCIATION AND RULES AND REGULATIONS OF THE 3RD RESPONDENT SOCIETY. EXHIBIT-P6: COPY OF THE REGISTRATION CERTIFICATE VIDE NO.TVM/TC/586/2015 DATED 20.05.2015. EXHIBIT-P7: COPY OF THE GOVERNMENT ORDER GO(RT).NO.1075/2015/SCSTDD. DATED 04.07.2015. EXHIBIT-P8: COPY OF THE GOVERNMENT ORDER GO(MS).NO.65/2015/SCSTDD DATED 08.09.2015. EXHIBIT-P9: COPY OF THE DECLARATION FORM FOR THE ACADEMIC YEAR 2017-2018 FACULTY IN RESPECT OF THE 1ST PETITIONER. EXHIBIT-P10: COPY OF THE DECLARATION FORM FOR THE ACADEMIC YEAR 2017-2018 FACULTY IN RESPECT OF THE 2ND PETITIONER. EXHIBIT-P11: COPY OF THE DECLARATION FORM FOR THE ACADEMIC YEAR 2017-2018 FACULTY IN RESPECT OF THE 3RD PETITIONER. EXHIBIT-P12: COPY OF THE JUDGMENT DATED 30.10.2014 IN W.P.(C) NO.20927/2014 OF THIS HON'BLE COURT. EXHIBIT-P13: COPY OF THE GOVERNMENT ORDER GO(RT).NO.25/2016/SCSTDD DATED 29.02.2016 ALONG WITH THE LIST OF FACULTY MEMBERS IN POSITION AS OF DECEMBER 2015. EXHIBIT-P14: COPY OF THE GOVERNMENT ORDER GO(RT).NO.105/2016/SCSTDD DATED 03.12.2016. EXHIBIT-P15: COPY OF THE VACANCY CIRCULAR PUBLISHED BY THE INSTITUTE OF INTEGRATED MEDICAL SCIENCES, PALAKKAD.
WP(C).No. 2121 of 2017 5
EXHIBIT-P16: COPY OF THE INFORMATION VIDE NO.2046/GMC/PKD/RTI/EB/14/2017 DATED 03.01.2017 OBTAINED BY THE 1ST PETITIONER UNDER THE RIGHT TO INFORMATION ACT.
EXHIBIT-P17: COPY OF THE APPLICATION DATED 23.07.2016 SUBMITTED BY THE 1ST PETITIONER AND REPLY DATED 19.08.2016 OBTAINED UNDER RIGHT TO INFORMATION ACT. EXHIBIT-P18: COPY OF THE QUESTION AND ANSWER OF THE 6TH RESPONDENT OBTAINED UNDER RIGHT TO INFORMATION ACT ON 20.06.2016. EXHIBIT-P19: COPY OF THE ORDER VIDE NO.F1/1796/ (11)/2013/DME DATED 25.04.2015 OF THE 2ND RESPONDENT. EXHIBIT-P20: TRUE COPY OF THE LETTER NO.SCSTDDF1/20654(919)/2018/SCSTDD DATED 8.6.2018 ALONG WITH THE CATEGORY 'A'LIST.
EXHIBIT-P21: TRUE COPY OF THE G.O.(MS) 63/2018 DATED 17.07.2018 ISSUED BY THE GOVERNMENT.
RESPONDENTS EXHIBITS:NIL.
//TRUE COPY//
P.A.TO JUDGE
ln
2 issues framed by the court
Whether petitioner teaching faculties should be regularized.
Whether the Government should take a final decision on regularization within three months.
DR.KIRAN THOMAS
DR.RESHMA SAJAN K.K.
DR.LEENA PHILIPOSE
STATE OF KERALA
THE DIRECTOR OF MEDICAL EDUCATION
THE INSTITUTE OF INTEGRATED MEDICAL SCIENCES SOCIETY
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
