Allowed

Dr.Toney Jose v. the Principal

Kerala HC18 Jun 2019WP(C)/3274/2019

Case brief

AI extract

What is this about?

Writ petitioners are doctors transferred to Idukki Medical College after its recognition was withdrawn. The court held their bonded service certificates, issued by original colleges (Kottayam and Trivandrum), remain valid. Petitions allowed with direction to issue certificates within one month.

What did the court decide?

Orers to dispose of petitions. Certificates for bonded obligations issued from Kottayam and Trivandrum Colleges to remain valid for service in Idukki. Direction to finalize issue within one month.

Dr.Toney Jose Vs the Principal — Service and Employment | Kerala HC (2019)

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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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TUESDAY, THE 18TH DAY OF JUNE 2019 / 28TH JYAISHTA, 1941

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WP(C).No.3274 of 2019

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PETITIONER:

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DR.TONEY JOSE AGED 26 YEARS S/O.JOSEPH MANI, KOTTACKAKATHU HOUSE, S.H.MOUNT P.O., KOTTAYAM-686 006

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BY ADV. SRI.S.SUJIN

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RESPONDENTS:

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1 THE PRINCIPAL

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GOVERNMENT MEDICAL COLLEGE, KOTTAYAM-686 008

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2 THE PRINCIPAL

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GOVERNMENT MEDICAL COLLEGE, IDUKKI-685 602

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3 DIRECTOR OF MEDICAL EDUCATION THIRUVANANTHAPURAM - 695 001

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4 THE JOINT DIRECTOR (M) OF MEDICAL EDUCATION, KERALA, THIRUVANANTHAPURAM - 695 001

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5 THE SECRETARY, HEALTH AND FAMILY WELFARE (S) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001

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6 STATE OF KERALA,

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REPRESENTED BY CHIEF SECRETARY TO THE GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

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ADDL. ADDL. R7 - R7 THE MEDICAL COUNCIL OF INDIA, DADA DEV MANDIR ROAD, DWARKA PHASE -1, POCKER 14, SECTION 8, DWARKA, NEW DELHI-110007, REPRESENTED BY ITS SECRETARY.

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IS IMPLEADED AS PER ORDER DATED 10.4.2019 IN I.A.1/2019.

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R1 TO R6 BY SRI. P.G. PRAMOD, GOVERNMENT PLEADER R7 BY SRI.TITUS MANI VETTOM, STANDING COUNSEL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.06.2019, ALONG WITH WP(C).5727/2019, WP(C).5758/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).Nos. 5727, 3274, & 5758 of 2019 2

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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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TUESDAY, THE 18TH DAY OF JUNE 2019 / 28TH JYAISHTA, 1941

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WP(C).No.5727 of 2019

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PETITIONER:

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DR.REKHA CHANDRAN AGED 29 YEARS D/O. CHANDRAN, CHARUTHA HOUSE, AMALAGIRI P.O, KOTTAYAM-682 561

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BY ADVS.

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SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN

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RESPONDENTS:

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1 THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, KOTTAYAM-686 008

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2 THE PRINCIPAL GOVERNMENT MEDICAL COLLEGE, IDUKKI-685 602

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3 DIRECTOR OF MEDICAL EDUCATION. THIRUVANANTHAPURAM-695 001

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4 THE JOINT DIRECTOR (M) OF MEDICAL EDUCATION, KERALA,THIRUVANANTHAPURAM-695 001

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5 SECRETARY HEALTH AND FAMILY WELFARE (S) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001

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6 STATE OF KERALA

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REPRESENTED BY CHIEF SECRETARY TO THE GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

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SRI. P.G. PRAMOD, GOVERNMENT PLEADER SRI.TITUS MANI VETTOM, STANDING COUNSEL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.06.2019, ALONG WITH WP(C).5758/2019, WP(C).3274/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).Nos. 5727, 3274, & 5758 of 2019 3

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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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TUESDAY, THE 18TH DAY OF JUNE 2019 / 28TH JYAISHTA, 1941

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WP(C).No.5758 of 2019

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PETITIONERS:

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NIMMY R.KRISHNAN AGED 28 YEARS D/O RADHAKRISHNAN NAIR, KRISHNA 28/1252, K.P.VALLON ROAD, KADAVANTHARA, KOCHI-20. BY ADVS. SRI.S.ABHILASH SRI.K.SIJU

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RESPONDENTS:

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1 THE PRINCIPAL GOVERNMENT MEDICAL COLLEGE, THIRUVANANTHAPURAM-695011. 2 THE PRINCIPAL GOVERNMENT MEDICAL COLLEGE, IDUKKI-685602.

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3 THE DIRECTOR OF MEDICAL EDUCATION THIRUVANANTHAPURAM-695 011.

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4 THE JOINT DIRECTOR (M) OF MEDICAL EDUCATION KERALA, THIRUVANANTHAPURAM-695011.

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5 THE SECRETARY HEALTH AND FAMILY WELFARE (S) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001.

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6 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY TO THE GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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ADDL. ADDL R7 MEDICAL COUNCIL OF INDIA

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R7 DADA DEV MANDIR ROAD ,DWARKA PHASE-1,POCKET 14,SECTOR 8 DWARKA,NEW DELHI, DELHI 110077

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ADDL R7 IMPLEADED AS PER ORDER DATED 6/3/2019 IN IA 1/19

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R1 TO R6 BY SRI. P.G. PRAMOD, GOVERNMENT PLEADER R7 BY SRI.TITUS MANI VETTOM, STANDING COUNSEL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.06.2019, ALONG WITH WP(C).5727/2019, WP(C).3274/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).Nos. 5727, 3274, & 5758 of 2019 4

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JUDGMENT

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Petitioners are Doctors who have completed the Post Graduation and as part of the curriculum, they are

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bound to undertake bonded service in accordance with the stipulations contained under the prospectus. The grievance of the petitioners is that, they were working at Kottayam Medical College as well as Trivandrum Medical College respectively, which were recognised by

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the Medical Council of India. Later, they were transferred to the Idukki Medical College, where

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recognition was withdrawn by the Medical Council of India. Therefore, they are apprehensive whether the certificate issued for the bonded obligation will be valid for all legal and practical purposes.

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In W.P.(c) No.3274/2019, a statement is filed

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for and on behalf of the 3^rd respondent wherein it is

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stated that petitioners were transferred to Idukki

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Medical College as working arrangement and their

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certificates for the bonded obligations will be issued

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from the Kottayam and Trivandrum Medical Colleges itself.

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Having heard learned counsel for petitioners and

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WP(C).Nos. 5727, 3274, & 5758 of 2019 5

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learned Government Pleader, I am of the considered

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opinion that, since the certificates for bonded

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obligations are issued from the Kottayam and Trivandrum Medical Colleges, there can be no adverse consequences

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with respect to the service carried out by the petitioners in the Idukki Medical College. It is also clear from the statement filed by the 3^rd respondent that, petitioners were transferred to Idukki Medical College on a working arrangement and their lien remained in the Kottayam and Trivandrum Medical Colleges.

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In that view of the matter, writ petitions are disposed of recording that the certificates of the petitioners for the bonded obligations will be issued from the Kottayam and Trivandrum Medical Colleges, and there will be a direction accordingly to finalise the issue in accordance with law, at the earliest possible time and at any rate within a month from the date of receipt of a copy of this judgment.

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Writ petitions are allowed to the above extent.

Sd/-

SHAJI P.CHALY

JUDGE

Smv 19.6.2019

WP(C).Nos. 5727, 3274, & 5758 of 2019

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APPENDIX OF WP(C) 3274/2019

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE ORDER DATED 04.06.2018 ISSUED BY THE JOINT DIRECTOR (M) OF MEDICAL EDUCATION, THIRUVNANATHPAURAM EXHIBIT P2 TRUE COPY OF HE COMMUNICATION DATED 01.10.2018 ISSUED BY THE 3RD RESPONDENT DIRECTOR OF MEDICAL EDUCATION EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS DATED 23.01.2019 OF THE 4TH RESPONDENT JOINT DIRECTOR (M)OF MEDICAL EDUCATION EXHIBIT P4 TRUE COPY OF THE ORDER DATED 24.01.2019 OF THE 1ST RESPONDENT EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGE OF MEDICAL COUNCIL OF INDIA REGULATIONS, 2017 EXHIBIT P6 TRUE COPY OF THEE RELEVANT PAGE OF PROCEEDINGS ISSUED BY THE MEDICAL COUNCIL FOR INDIA

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WP(C).Nos. 5727, 3274, & 5758 of 2019

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APPENDIX OF WP(C) 5727/2019

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE DIRECTOR (M) OF THIRUVANANTHAPUR B9/558/2018/DME	ORDER ISSUED BY THE JOINT MEDICAL EDUCATION, AM ORDER NO. DATED 04.06.2018
EXHIBIT P2	TRUE COPY OF THE PRINCIPAL GOVERN KOTTAYAM, ORDER 11.06.2018	PROCEEDINGS AT THE MENT MEDICAL COLLEGE, NO. E9/6709/2018/MCK DATED
EXHIBIT P3	TRUE COPY OF ORD BY THE 1ST RESPO E9/6709/2018 NO. 23.01.2019	ER DATED 29.10.2018 ISSUED NDENT TO THE PETITIONER NO. E9/6709/2018/MCK DATED
EXHIBIT P4	TRUE COPY OF THE DIRECTOR (M) OF THIRUVANANTHAPUR DATED 23.01.2019	PROCEEDINGS OF THE JOINT MEDICAL EDUCATION, KERALA, AM ORDER NO. B9/558/DME
EXHIBIT P5	TRUE COPY OF THE PRINCIPAL GOVERN KOTTAYAM, ORDER DATED 24.01.2019	PROCEEDINGS AT THE MENT MEDICAL COLLEGE, NO. GMC KTM/328/2019-E9
EXHIBIT P6	TRUE COPY OF THE REGULATIONS, 201	MEDICAL COUNCIL OF INDIA, 7-(RELEVANT PAGES)
EXHIBIT P7	TRUE COPY OF THE MEDICAL COUNCIL	PROCEEDINGS ISSUED BY THE FOR INDIA.

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WP(C).Nos. 5727, 3274, & 5758 of 2019

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APPENDIX OF WP(C) 5758/2019

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE ORDER DATED 4.6.2018 ISSUED BY THE JOINT DIRECTOR (M) OF MEDICAL EDUCATION, THIRUVANANTHAPURAM.

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EXHIBIT P2 TRUE COPY OF THE COMMUNICATION DATED 1.10.2018 ISSUED BY THE 3RD RESPONDENT DIRECTOR OF MEDICAL EDUCATION. EXHIBIT P3 TRUE COPY OF THE ORDER NO.B9/558/2018/DME DATED 23.1.2019 EXHIBIT P4 A TRUE COPY OF THE ORDER NO.B/120/2019/GMCI DATED 1.2.2019. EXHIBIT P5 TRUE COPY OF THE MEDICAL COUNCIL OF INDIA REGULATIONS, 2017. EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS ISSUED BY THE MEDICAL COUNCIL OF INDIA.

Dr.Toney Jose v. the Principal

Case brief

What is this about?

What did the court decide?

Dr.Toney Jose v. the Principal

Case brief

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What did the court decide?

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