A medical graduate seeking to join a PG seat was barred due to a Transfer Certificate (TC) dispute. The petitioner claimed the issuing college sent the TC. The High Court recorded the submission that the TC had been forwarded and disposed of the petition without granting further relief.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 21ST DAY OF MARCH 2022 / 30TH PHALGUNA, 1943 WP(C) NO. 7476 OF 2022
PETITIONER/S:
ABHISHEK S PAI,
AGED 26 YEARS
S/O. SURESH PAI, KOCHIKARAN HOUSE, S.N. PURAM
P.O., PANANGAD, THRISSUR-680665.
BY ADVS.
DINESH R.SHENOY
A.JOSEPH GEORGE
EBIN MATHEW
P.ROHIT PREMANANDAN SHENOY
SWATHI R. KRISHNAN
SILESH S. PRABHU
RESPONDENT/S:
1 THE GOVERNMENT MEDICAL COLLEGE, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM - 695011, REPRESENTED BY ITS PRINCIPAL.2 THE KERALA UNIVERSITY OF HEALTH SCIENCES, THRISSUR, MULAMKUNNATHKAV-680596, REPRESENTED BY THE REGISTRAR.3 THE SHRIDEVI INSTITUTE OF MEDICAL SCIENCE AND RESEARCH HOSPITAL, NH 4, SIRA ROAD, TUMAKURU, KARNATAKA-572106, REPRESENTED BY ITS PRINCIPAL. BY ADV P.SREEKUMAROTHER PRESENT:
SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.03.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C). No. 7476 of 2022
P.V.KUNHIKRISHNAN, J.
W.P.(C) No. 7476 of 2022
Dated this the 21st day of March, 2022
JUDGMENT
The above writ petition is filed with following prayers:
by Exts.P1 to P4. The petitioner completed internship also as
W.P.(C). No. 7476 of 2022
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evident by Ext.P5. The petitioner was issued MBBS degree certificate also. He appeared for NEET PG-2021 and obtained NEET rank 13413 (State merit rank 1265). The petitioner was granted allotment at MS Obstetrics and Gyneacology in the 1st respondent College as per Ext.P11. But when the petitioner appeared for joining before the 1st respondent College on 05.03.2022, he was informed that he will not be allowed to join unless he produced the original Transfer Certificate from the 3rd respondent. It is the case of the petitioner that the 3rd respondent insists that they will not issue TC unless the 1st respondent itself issues an e-mail. According to the petitioner, the 1st respondent refused to do so saying that there is no such practice. Hence this writ petition is filed.
07.03.2022, this Court passed the following order:
“Admit.
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W.P.(C). No. 7476 of 2022
Government Pleader takes notice for R1. Standing Counsel Sri.P.Sreekumar takes notice for R2. Urgent notice by speed post and e-mail to R3.
There will be an interim direction to maintain the allotment granted to the petitioner as per Ext.P11, pending disposal of the writ petition. Post on 10.03.2022.”
consideration on 17.03.2022, this Court recorded the following submission:
“It is submitted by the learned counsel for the petitioner that the transfer certificate is already forwarded by the 3rd respondent to the 1st respondent.
The learned Govt. Pl eader will get instructions whether the transfer certificate is received as submitted by the learned counsel for the petitioner.
Post on 21.03.2022.”
W.P.(C). No. 7476 of 2022
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to law. It is made clear that there may not be any technical contention on the part of the 1st respondent to the effect that the petitioner has not produced the Transfer Certificate on 05.03.2022.
With the above observation, this writ petition is dispose
of.
sd/-
P.V.KUNHIKRISHNAN JUDGE
das
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W.P.(C). No. 7476 of 2022
APPENDIX OF WP(C) 7476/2022
PETITIOExhibit |
NER EXHIP1 |
BITSTRUE PHOTOCOPY OF03/02/2016. |
MARK LIST DATED |
|---|---|---|---|
Exhibit |
P2 |
TRUE PHOTOCOPY OF19/04/2017. |
MARK LIST DATED |
Exhibit |
P3 |
TRUE PHOTOCOPY OF01/10/2018. |
MAKK LIST DATED |
Exhibit |
P4 |
TRUE PHOTOCOPY OF06/03/2019. |
MARK LIST DATED |
Exhibit |
P5 |
TRUE PHOTOCOPY OFDATED 22/07/2020 IGANDHI UNIVERSITYKARNATAKA. |
DEGREE CERTIFICATESSUED FROM RAJEEVOF HEALTH SCIENCES, |
Exhibit |
P6 |
TRUE PHOTOCOPY OFCOMPLETION CERTIFI12/02/2020, ISSUEDINSTITUTE OF MEDICRESEARCH HOSPITAL |
INTERNSHIPCATE DATEDFROM SHRIDEVIAL SCIENCES ANDTUMAKURU. |
Exhibit |
P7 |
TRUE PHOTOCOPY OFREGISTRATION DATEDTRAVANCORE COCHIN |
CERTIFICATE OF20/03/2020 WITH THEMEDICAL COUNCIL. |
Exhibit |
P8 |
TRUE PHOTOCOPY OFCERTIFICATE APPLIC(APPLICATION NO.12THE PETITIONER BEFUNIVERSITY OF HEAL |
ELIGIBILITYATION FORM,121) SUBMITTED BYORE THE KERALATH SCIENCES. |
Exhibit |
P9 |
TRUE PHOTOCOPY OFSCORE CARD ISSUED |
NEET PG 2020-2021TO THE PETITIONER. |
Exhibit |
P10 |
TRUE PHOTOCOPY OFCANDIDATES DATA SHOFFICE OF THE COMMENTRANCE EXAMINATI |
THE PETITIONER'SEET ISSUED BY THEISSIONER FORON DATED 04/03/2022. |
Exhibit |
P11 |
TRUE PHOTOCOPY OFSHEET DATED 03/03/PETITIONER. |
2ND PHASE ALLOTMENT2022 ISSUED TO THE |
Exhibit |
P12 |
TRUE PHOTOCOPY OF |
EMAIL DATED |
05/03/2022 ISSUEDTHE 3RD RESPONDENT |
BY THE PETITIONER TO. |
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W.P.(C). No. 7476 of 2022
Exhibit P13TRUE PHOTOCOPY OF TH FINAL ALLOTMENT
LIST DATED 31/01/2022 FOR THE FIRST
PHASE OF ALLOTMENT TO PG MEDICAL
COURSES 2021.
Exhibit P14TRUE PHOTOCOPY OF EMAIL DATED
07/03/2022 BY THE 3RD RESPONDENT.
Abhishek S. Pai
The Government Medical College, Medical College P.O., Thiruvananthapuram
The Kerala University of Health Sciences, Thrissur
The Shridevi Institute of Medical Science and Research Hospital
P. V. Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court