Disposed

State of Kerala, Rep. by the Secretary, v. Dr.Firos Ahammed.a., S/O M.Abdul Salim

Kerala HC2 Feb 2022WA/163/2022

Case brief

AI extract

What is this about?

High Court appellate bench disposed of writ appeal challenging interim order granting provisional service quota seating to petitioner who had been regularised by Tribunal, directing authorities to reconsider eligibility based on new regularisation order and prospectus requirements.

What did the court decide?

Writ appeal disposed without substantive order; appellants directed to communicate judgment regarding reconsideration of provisional inclusion.

State of Kerala, Rep. by the Secretary, Vs… — Pension and Retirement Benefits | Kerala HC (2022)

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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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WEDNESDAY, THE 2^ND DAY OF FEBRUARY 2022 / 13TH MAGHA, 1943

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WA NO. 163 OF 2022

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(Against the order dated 27.1.2022 in W.P.(C)No.2622/2022)

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APPELLANTS/RESPONDENTS IN WPC:

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1 STATE OF KERALA, REP. BY THE SECRETARY, DEPARTMENT OF HEALTH & FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001, PIN – 695 001

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2 THE DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE.P.O., THIRUVANANTHAPURAM, PIN – 695 001

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3 THE COMMISSIONER OF ENTRANCE EXAMINATIONS, THIRUVANANTHAPURAM, PIN - 695001

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4 THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, KALAMASSERY, HMT COLONY, KOCHI, PIN – 683 503

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BY ADVS.SRI.P.G.PRAMOD, GOVERNMENT PLEADER

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RESPONDENT/PETITIONER IN WPC:

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DR.FIROS AHAMMED.A., S/O M.ABDUL SALIM, AGED 33 YEARS JUNIOR RESIDENT/LECTURER, DEPARTMENT OF GENERAL SURGERY, GOVERNMENT MEDICAL COLLEGE, KALAMASSERY, HMT COLONY, KOCHI-683 503, RESIDING AT SAMEER MANZIL, P.V.NORTH, THAZHAVA.P.O., KARUNAGAPPALLY TALUK, KOLLAM DISTRICT, PIN – 690 523

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

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.A.NO.163 OF 2022

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JUDGMENT

Dated this the 2^nd day of February 2022

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S.MANIKUMAR, C.J.

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This writ appeal is filed by the appellants, who are the respondents in the writ petition, being aggrieved by the interim order dated 27.1.2022 in W.P.(C)No.2622/2022 directing the respondents 2 and 3 in the writ petition namely, the Director of Medical Education and the Commissioner of Entrance Examinations respectively, to include the name of the respondent/petitioner

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in the list to be published for PG Medical Courses under service quota provisionally.

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Reliefs sought for in the writ petition are as follows:

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i) to issue a writ of mandamus or any other appropriate writ, order or direction directing the 2^nd respondent/the Director of Medical Education and 3^rd respondent/the Commissioner of Entrance Examinations to reserve a seat in Post Graduate Medical Course in General Surgery in service quota under DME.

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ii) to issue a writ of mandamus or any other appropriate writ, order or direction directing the Kerala Administrative Tribunal to deliver the order in O.A.(Ekm)No.743/2020 which is taken for orders at the earliest.

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Pending disposal of the writ petition, writ petitioner has sought for the following interim relief:

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“direct the 2^nd respondent/the Director of Medical Education and 3^rd respondent/the Commissioner of Entrance Examinations to reserve a seat in Post Graduate Medical Course in General Surgery in service

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W.A.NO.163 OF 2022

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quota under DME, during the pendency of the writ petition.”

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Giving due consideration to the averments in the writ petition and

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the direction sought for in the interim relief, the writ court on 27^th January 2022 in W.P.(C)No.2622/2022 ordered thus:

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“The petitioner submits that the authorities have recommended regularisation of the service of the petitioner as per Ext.P2. The Kerala Administrative Tribunal has heard O.A.No.743 of 2020 filed by the petitioner seeking regularisation and the said O.A is posted to 01.02.2022 for passing final orders. Therefore, if the respondents proceed to publish the select list without regard to the claim of the petitioner, the petitioner will be put to irreparable loss and untold hardship.

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Admit.

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The learned Government Pleader takes notice for respondents 1 to 4.

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In the circumstances of the case, there will be an interim order directing respondents 2 and 3 to include the name of the petitioner also in the list to be published for admission to P.G Medical Course under Service Quota. The inclusion of the name of the petitioner will be strictly provisional and would be subject to further orders from this Court.

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Post this writ petition on 03.02.2022 for further orders.”

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According to Sri.P.G.Pramod, learned Government Pleader

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appearing for the appellants, Rules 4 and 5 stipulate that the candidates should be a regular staff with minimum service as prescribed therein. But the respondent/writ petitioner does not have the eligibility as he is not a regular employee in Medical Education Service as provided under the Act of 2008 and the Rule of 2009. He further contended that as per the direction of the National Medical Commission, the admission to PG Medical Courses are to

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W.A.NO.163 OF 2022

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be completed on or before 3.2.2022. Therefore, inclusion of the petitioner though provisionally in service quota may lead the admission process getting entangled with further litigations. Another contention raised by the appellants is that the learned Single Judge has not appreciated clause 6-6-12 of the prospectus issued by the Government while passing the interim order. Clause 6-6-12 of the prospectus issued by the Government deals with the eligibility for service quota prescribes that the applicants under service quota should have necessarily completed their probation in the respective cadre, which means an applicant should be a full member of the respective service.

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On this day, when the matter came up for hearing, Mr.N.N.Sugunapalan, learned Senior Counsel appearing for the respondent/writ petitioner submitted that O.A.No.743 of 2020 filed by the petitioner seeking regularisation was allowed on 1.2.2022, directing regularisation of the respondent/writ petitioner in Government service from 2016 onwards. Submission of the learned Senior Counsel is placed on record.

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As on the date of filing of the writ petition, the only impediment in considering the case of the writ petitioner to avail the eligibility for service quota was that he did not satisfy the conditions stipulated in the Kerala Medical Officers Admission to Post Graduate Courses under Service Quota Act, 2008 and the the Kerala Medical Officers Admission to Post Graduate

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W.A.NO.163 OF 2022

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Courses under Service Quota Rules, 2009 and the Prospectus. Now that the Kerala Administrative Tribunal has directed absorption and regularisation of the respondent/writ petitioner from 2016 onwards, it is for the appellants 1 to 3 to consider inclusion of the case of the respondent/writ petitioner, keeping in mind the prospectus issued for admission to Medical Post Graduate Degree Courses 2021-2022, the statutory provisions and the G.O. (MS)No.18/2022/H&FWD dated 15.1.2022.

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Sri.P.G.Pramod, learned Government Pleader appearing for the appellants shall communicate copy of the judgment to the appellants forthwith.

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Writ appeal is accordingly disposed of.

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(Registry is directed to issue a copy of this judgment today itself.)

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sd/S.MANIKUMAR CHIEF JUSTICE

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sd/SHAJI P. CHALY JUDGE

jes

W.A.NO.163 OF 2022

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APPENDIX

APPELLANT'S ANNEXURES:

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Annexure1	TRUE COPY OF THE KERALA MEDICAL OFFICERS ADMISSION TO POST GRADUATE COURSES UNDER SERVICE QUOTA ACT, 2008
Annexure4	PETITION FOR ACCEPTING ANNEXURES
Annexure2	TRUE COPY OF THE KERALA MEDICAL OFFICERS ADMISSION TO POST GRADUATE COURSES UNDER SERVICE QUOTA RULES, 2009
Annexure3	TRUE COPY OF RELEVANT PORTIONS OF PROSPECTUS

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// True Copy //

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P.S. to Judge

State of Kerala, Rep. by the Secretary, v. Dr.Firos Ahammed.a., S/O M.Abdul Salim

Case brief

What is this about?

What did the court decide?

State of Kerala, Rep. by the Secretary, v. Dr.Firos Ahammed.a., S/O M.Abdul Salim

Case brief

What is this about?

What did the court decide?

What the court decided

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