Dismissed

Dr.Shafeed v. the Director of Medical Education

Kerala HC7 Dec 2021WA/1631/2021

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed an appeal against a Single Judge's order. The court held that without a statutory provision enabling the Director of Medical Education to combine certificates from two different universities, a combined training certificate could not be issued under Article 226.

What did the court decide?

The writ appeal is dismissed. The reliefs sought cannot be granted as there is no statutory provision enabling the authority to combine certificates from different universities.

Dr.Shafeed Vs the Director of Medical Education — Pension and Retirement Benefits | Kerala HC (2021)

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W. A. No. 1631 of 2021 -1-

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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TUESDAY, THE 7^TH DAY OF DECEMBER 2021 / 16TH AGRAHAYANA,

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1943

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WA NO. 1631 OF 2021

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AGAINST THE JUDGMENT IN W P (C) 13471 OF 2021 OF HIGH COURT OF KERALA

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APPELLANT/S:

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DR.SHAFEED T.P., AGED 43 YEARS S/O T P MARAKKAR, PROFESSOR, DEPARTMENT OF ORTHOPAEDICS, KARUNA MEDICAL COLLEGE, PALAKKAD BY ADVS. K.RAMAKUMAR (SR.) T.RAMPRASAD UNNI S.M.PRASANTH G.RENJITH R.S.ASWINI SANKAR T.H.ARAVIND

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RESPONDENT/S:

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1 THE DIRECTOR OF MEDICAL EDUCATION DIRECTORATE OF MEDICAL EDUCATION, KUMARAPURAM P O, PIN-695011, THIRUVANANTHAPURAM.

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2 THE PRINCIPAL GOVERNMENT MEDICAL COLLEGE, THIRUVANANTHAPURAM, MEDICAL COLLEGE P O, PIN-695011.

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3 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001. BY SRI. TEK CHAND, SR GP

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07.12.2021, THE COURT ON THE SAME DAY DELIVERED THE

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FOLLOWING:

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W. A. No. 1631 of 2021 -2-

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J U D G M E N T

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S. Manikumar, C.J.

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Before the writ court, petitioner has sought for the following

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reliefs:-

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“i. To call for the records leading upto Exhibit P7 and quash the same by the issuance of a Writ of Certiorari or any other appropriate writ, order or direction;

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ii. To issue a Writ of Mandamus commanding the respondents to issue the necessary four years Postgraduation training certificate to the petitioner testifying to the fact that he has completed the four years Postgraduate Clinical Training Programme duly certified by the National Board of Examinations immediately.”

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Short facts leading to the filing of the writ petition are as

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hereunder:-

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According to the petitioner, he completed Postgraduate Diploma Course (D-Ortho) from the Government Medical College, Kottayam, affiliated to the Mahatma Gandhi University, during the period 20062008, and thereafter completed the DNB Orthopedics Course from Government Medical College, Thiruvananthapuram, during the period

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W. A. No. 1631 of 2021 -3-

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2008-2010.

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Petitioner has submitted that he underwent four years of Postgraduate Clinical Training Programme in two Government Medical Colleges. The courses are controlled by the Director of Medical Education. In spite of such testification to the fact that the petitioner has successfully completed the training programme and obtained Post Graduation in the Specialty Course in Orthopedics, the requisite certificate is refused to be issued by the Director of Medical Education and the Government Medical College, Thiruvananthapuram, where the petitioner underwent training programme.

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Petitioner thereupon submitted another application to the Director of Medical Education for the issuance of the necessary certificate. In to the same, the Director of Medical Education has informed that such certificate cannot be issued from that office.

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The Director of Medical Education, Directorate of Medical Education, Thiruvananthapuram, respondent No. 1, has filed a statement in the writ petition, which reads thus:-

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“1. The petitioner completed his Post Graduate Diploma

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W. A. No. 1631 of 2021 -4-

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Course (D-Ortho) during the period 2006-2008 from Government Medical College, Kottayam affiliated with Mahatma Gandhi University. This Course and examination were conducted by the University and certificate was also issued by them. After that the petitioner underwent Diplomat of National Board (D.N.B) in Orthopedics at Government Medical College. Thiruvananthapuram during 2008-10. This Course and examination were conducted and certificate was issued by National Board of Examinations (NBE) New Delhi. They have given him one year reduction for his DNB Course (which is for 3 years) also. All these procedures come under the purview of NBE. Both are different courses conducted by different authorities and Directorate of Medical Education has no stake in either the conduct of these courses or their examinations.

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It is submitted that both courses undergone by petitioner are different courses conducted by different authorities and Directorate of Medical Education has no stake in either the conduct of these courses or their examinations. So we are not in a position to issue a four years combined Post Graduate Clinical Training Programme Certificate to him. As both are separate courses, certificates were issued by different Authorities. So, it is not possible as well as justifiable to give four years combined Post Graduate Clinical Training Programme Certificate and this is the reason neither the Director of Medical Education nor the Principal, Government Medical College, Thiruvananthapuram can issue such a certificate to the petitioner.”

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After considering the rival submissions, writ court, by

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W. A. No. 1631 of 2021 -5-

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judgment dated 17.11.2021, dismissed the writ petition as hereunder:-

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“7. Admittedly, the petitioner has undergone one Post Graduate Diploma Course of two years duration from the Government College affiliated to Mahatma Gandhi University. The subsequent Course undergone by the petitioner, which is also of two years duration and which is also on the same subject, was certified by the National Board of Examination, New Delhi. When the petitioner has undergone two different Courses, the Certificates of which are issued by the two different Educational Boards/Universities, the petitioner cannot claim that he should be issued with a Certificate certifying that he has undergone four years Training. Furthermore, it is not for the 1st respondentDirector of Medical Education to issue any such Certificates. Certificate evidencing the Courses underwent by students are to be issued by the respective Educational Boards/Universities.

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This Court finds no merit in the writ petition and the writ petition is accordingly dismissed.”

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Being aggrieved, instant writ appeal is filed on the following grounds:-

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The learned Single Judge ought to have found that all that the appellant is seeking is issuance of a certificate on admitted completion of four year period of Post Graduate Education, in two different institutions, which can be testified by the Director of Medical

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W. A. No. 1631 of 2021 -6-

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Education, as both the institutions are under him. Since the two Universities are involved, the Director of Medical Education, who controls the two Institutions from which the appellant completed the

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Post Graduate course and the Master's degree, alone is empowered to issue a certificate.

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Learned Single Judge has taken a too technical view, not consistent with the principles of law evolved under Article 226 of the Constitution of India, in rejecting the writ petition. According to the appellant, a writ of mandamus to issue a certificate has been held to be maintainable by the Apex Court and other courts in India.

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There are no disputed facts to be adjudicated in the writ proceedings, but a certificate is sought for on admitted completion of the period of Post Graduate studies.

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The learned Single Judge, who heard the writ petition, took an erroneous view that since there are two Universities involved, a certificate cannot be issued by the Director of Medical Education.

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Learned Single Judge also did not examine any of the contentions urged by the appellant, but only relied on the statement filed by the learned Government Pleader. This has caused serious

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W. A. No. 1631 of 2021 -7-

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manifest injustice and prejudice to the appellant.

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On the grounds stated supra, Mr. K. Ramkumar, learned Senior Counsel, made submissions.

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Heard the learned Senior Counsel for the appellant and perused the material on record.

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Ext. P1 dated 15.01.2009 is the certificate issued by the Mahatma Gandhi University for the Post Graduate Diploma Course in Orthopedics.

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Ext. P1 reads thus:-

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“ MAHATMA GANDHI UNIVERSITY

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FACULTY OF MODERN MEDICINE

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POST GRADUATE DIPLOMA

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The Syndicate of the Mahatma Gandhi University

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hereby makes known that this Diploma in Orthopedics has been awarded to Shafeed T. P. who was certified to be qualified to receive the same by duly appointed examiners at the examination held in May 2008.

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Given under the seal of the University

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Seal Sd/Vice-Chancellor

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W. A. No. 1631 of 2021 -8-

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University Buildings, Kottayam – 686 560, Kerala, India”

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Ext. P2 dated 01.02.2012 is the certificate issued by the

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National Board of Examinations, New Delhi, for the Post Graduate Diploma in Orthopedics.

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Ext. P3 dated 27.04.2021 is the certificate of participation by

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Government Medical College, Thiruvananthapuram, for the DNB course.

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Ext. P3 reads thus:-

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“ GOVT. MEDICAL COLLEGE

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Thiruvananthapuram, Kerala – 695011

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VICE PRINCIPAL

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No. B3/10210/2021/GMCT Date 27.04.2021

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CERTIFICATE

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This is to certify that Dr. Shafeed T.P. joined this institution as post graduate trainee in DNB Orthopedics after completion of mandatory 2 years post graduate training in diploma Orthopedics (D. Ortho) during the year 2006-2008.

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He joined the DNB Orthopedics course in this institution on 15.08.2008 and has completed the mandatory two years post

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W. A. No. 1631 of 2021 -9-

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graduate training on 14.08.2010.

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Sd/27.04.2021

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VICE PRINCIPAL”

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Ext. P6 dated 14.06.2021 is an application submitted by the

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appellant to the Director of Medical Education, Thiruvananthapuram, for issuance of a training certificate, combining both the training

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period.

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Ext. P6 reads thus:-

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“14.06.2021

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From

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D Shafeed TP, Professor, Department of Orthopaedics, Karuna Medical College, Palakkad (Mobile No. 8113927630).

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The Director of Medical Education, Directorate of Medical Education Kumarapuram PO, Pin-695 011, Thiruvananthapuram

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Sub - Request for issuance of Postgraduate training Certificate-reg

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I had completed Postgraduate diploma course (D-Ortho) from the Government Medical College, Kottayam between the period 2006 - 2008 and DND Orthopaedics Couse from the Government Medical College, Thiruvananthapuram between the

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W. A. No. 1631 of 2021 -10-

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period 2008 - 2010. I have therefore, become eligible to be issued with the certificate of four years' Postgraduate Training Programme in Orthopaedics, for the issuance of which there are nofactual or legal obstacles at all.

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I had already made an application to your goodself in April, 2021 along with a certificate issued by the Head of the Institution testifying to the fact that I had successfully completed the mandatory two years Postgraduate training on the 14^th of August, 2010. For your ready reference the said certificate is again enclosed.

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I am therefore, to humbly request you to immediately issue to me the requisite certificate of four years Postgraduate Training Programme in Orthopaedics to enable me to further improve my career advancement, for which act of kindness I shall be ever beholden. The issuance may kindly be expedited as the course had been completed by as early as in 2010.

Thanking you.

Yours faithfully,

Dr Shafeed T P”

Said request has been rejected by the Director of Medical Education, Thiruvananthapuram, in Ext. P7 dated 30.06.2021.

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First of all, the two courses are from different Universities, though the period of training for the course is of two years. Indisputably, the appellant completed Post Graduate Diploma Course (D. Ortho) between 2006 - 2008 from Government Medical College,

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W. A. No. 1631 of 2021 -11-

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Kottayam, affiliated to Mahatma Gandhi University and DNB Orthopedics, between 2008 – 2010 from Government Medical College, Thiruvananthapuram, affiliated to Kerala University of Health Sciences.

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Posed with a question as to whether there is any provision enabling the authority to issue a certificate of the appellant's choice, Mr. K. Ramkumar, learned Senior Counsel appearing for the appellant, fairly admitted that he cannot point out any enabling provision to issue such a certificate. He further submitted that the Directorate of Medical Education is the head of all the medical institutions in the State and there may not be any statutory provision enabling them to issue the certificate. In the absence of any statutory provision, appellant as a matter of right cannot seek for a mandamus, as extracted supra.

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Though the learned Senior Counsel appearing for the appellant sought for a prayer to direct the Director of Medical Education, Directorate of Medical Education, Thiruvananthapuram, the 1^st respondent, to consider the application of the appellant, and pass appropriate orders, we are of the considered opinion that unless

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W. A. No. 1631 of 2021 -12-

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and until there is any provision enabling the authority to combine both

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the courses together, and issue a certificate, the reliefs sought for by the appellant cannot be granted.

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In the abovesaid circumstances, we do not find any reason to

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interfere with the judgment of the learned Single Judge.

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Accordingly, writ appeal is dismissed.

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Sd/S. MANIKUMAR CHIEF JUSTICE

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Sd/SHAJI P. CHALY JUDGE

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///TRUE COPY/// P. A. TO JUDGE

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Dr.Shafeed v. the Director of Medical Education

Case brief

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Dr.Shafeed v. the Director of Medical Education

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