Disposed

Dr.Jithin Thomas John, v. State of Kerala

Kerala HC23 Mar 2022WP(C)/9071/2022

Case brief

AI extract

What is this about?

In WP(C) No. 9071 of 2022, petitioners alleged they were wrongly excluded from a provisional eligibility list for Medical PG admissions. The Court held adjudication was premature and directed the Director of Medical Education to consider specific objections before finalizing the list.

What did the court decide?

Directed the 2nd Respondent to consider the petitioners' submissions (Exhibits P14 and P15) or place them before the Scrutiny Committee.

Dr.Jithin Thomas John, Vs State of Kerala — Education and Admissions | 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 MR.JUSTICE N.NAGARESH

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WEDNESDAY, THE 23^RD DAY OF MARCH 2022/2ND CHAITHRA, 1944 WP(C) NO. 9071 OF 2022

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PETITIONERS:

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1 DR.JITHIN THOMAS JOHN, AGED 32 YEARS, S/O. JOHN THOMAS, RANDUPURACKAL HOUSE, NARANGANAM NORTH P.O., PATHANAMTHITTA DISTRICT 689 642, NOW WORKING AS LECTURER, DEPARTMENT OF GENERAL MEDICINE, GOVERNMENT MEDICAL COLLEGE THRISSUR, THRISSUR.

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2 BIPIN B PALLATH, AGED 38 YEARS, S/O. BHARADWAY PALLATH, LAN BAG, CHEMMAD TIRUNGADI, MALAPPURAM DISTRICT 676 306, NOW WORKING AS LECTURER IN NEPHROLOGY, DEPARTMENT OF GENERAL MEDICINE, GOVERNMENT MEDICAL COLLEGE CALICUT, CALICUT.

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BY ADVS. K.M.MUHAMMED HUSSAIN COLIN ALEX

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

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2 THE DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM 695 011.

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3 POSTGRADUATE COURSE SELECTION COMMITTEE, REPRESENTED THROUGH ITS CHAIRMAN - SECRETARY TO GOVERNMENT,

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WP(C) No.9071/2022

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HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM 695 001.

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4 COMMISSIONER OF ENTRANCE EXAMINATIONS, HOUSING BOARD OF BUILDINGS, SANTHI NAGAR, TRIVANDRUM 695 001.

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5 NATIONAL BOARD OF EXAMINATION IN MEDICAL SCIENCES, MEDICAL ENCLAVE, ANSARI NAGAR RING ROAD, NEW DELHI 110 029, REPRESENTED BY ITS PRESIDENT.

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6 THE DIRECTOR GENERAL OF HEALTH SERVICES, THE DIRECTORATE GENERAL OF HEALTH SERVICE (DGHS), ROOM NO. 446-A, NIRMAN BHAWAN, RAJPATH AREA, CENTRAL SECRETARIAT, NEW DELHI 110 001.

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SRI.P.G.PRAMO, G.P. SRI.S. MANU, ASGI

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) No.9071/2022

JUDGMENT

Dated this the 23^rd day of March, 2022

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The petitioners, who are Lecturers in General Medicine in the Government Medical College, Thrissur and Kozhikode, are aggrieved by Ext.P13 provisional eligibility list of service quota candidates (Medical Education Service) prepared for the purpose of Medical PG admissions for the year 2021-'22.

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The petitioners state that though they satisfy the service qualification stipulated, in Ext.P13 provisional eligibility list, the petitioners are shown as not eligible. The petitioners urged that they are, in fact, eligible.

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The learned Government Pleader, on

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instructions, submits that a number of complaints have been received against Ext.P13 provisional eligibility list of service quota candidates. The Department of Medical

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WP(C) No.9071/2022

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Education has not finalised Ext.P13 list. The list will be finalised only after all complaints are examined by the Scrutiny Committee.

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In that view of the matter, this Court is of the view that an adjudication of the dispute raised by the petitioners is not warranted at this stage in the writ petition. The petitioners have already submitted Exts.P14 and P15 objections to the provisional list. It will suffice if the 2^nd respondent-Director of Medical Education is directed to consider Exts.P14 and P15 or place the same before the Scrutiny Committee for consideration. Needless to say, final list shall be prepared only after considering the objections raised by the petitioners in Exts.P14 and P15.

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The writ petition is disposed of as above.

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Sd/- N. NAGARESH JUDGE

ncd/26.03.2022

WP(C) No.9071/2022

APPENDIX OF WP(C) 9071/2022

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PETITIONERS' EXHIBITS

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Exhibit P1	THE TRUE COPY OF THE REGISTRATION,
	CERTIFICATE OF IST PETITIONER ISSUED
	BY HE REGISTER TRAVENCORE COCHIN
	COUNCIL OF MODERN MEDICINE DATED
	22.1.2015.
Exhibit P2	THE TRUE COPY OF THE REGISTRATION CERTIFICATE OF 2ND PETITIONER ISSUED
	BY THE REGISTRAR TRAVENCORE COCHIN
	COUNCIL OF MODERN MEDICINE DATED 23.3.2011.
Exhibit P3	THE TRUE COPY OF THE APPOINTMENT ORDER OF IST PETITIONER ISSUED BY THE 2ND RESPONDENT DATED 28.11.2019.
Exhibit P4	THE TRUE COPY OF THE APPOINTMENT ORDER OF 2ND PETITIONER ISSUED BY THE 2ND RESPONDENT DATED 06.03.2019.
Exhibit P5	TRUE COPY OF THE ORDER DATED 17.12.2021 ISSUED BY 2ND RESPONDENT DECLARING THE COMPLETION OF PROBATION OF IST PETITIONER.
Exhibit P6	THE TRUE COPY OF THE ORDER DATED 09.01.2022 ISSUED BY 2ND RESPONDENT DECLARING THE COMPLETION OF PROBATION OF 2ND PETITIONER.
Exhibit P7	TRUE COPY OF THE NEET -PG 2021 SCORED OF THE IST PETITIONER.
Exhibit P8	TRUE COPY OF THE NEET - PG 2021 SCORECARD OF THE 2ND PETITIONER,.
Exhibit P9	TRUE COPY OF THE GO (MS) NO. 18/2022 H & FWD DATED 15.01.2022 ISSUED BY
	THE IST RESPONDENT ALONG WITH THE
	RELEVANT PAGES OF PROSPECTS FOR
	ADMISSION TO MEDICAL POST GRADUATE DEGREE COURSES, 2021-2011.
Exhibit P10	TRUE COPY OF THE RELEVANT PAGES OF
	NOTIFICATION ISSUED BY THE 4TH RESPONDENT BY INVITING APPLICATION

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WP(C) No.9071/2022

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	FOR AD	MISSIO	N	TO ME	DICAL
	POSTGRADUA 2022 DATED	TE, DE 15.02.	GREE 2022.	COURSES	2021-
Exhibit P11	TRUE COPY	OF THE	ACKNO	WLEDGEMENT	PAGE
	REGARDING THE IST PE	APPLIC TITIONE	ATION R.	SUBMITTED	BY
Exhibit P12	TRUE COPY	OF THE	ACKNO	WLEDGEMENT	PAGE
	REGARDING THE 2ND PE	APPLIC TITIONE	ATION R.	SUBMITTED	BY
Exhibit P13	THE TRUE OF PROVISI	COPY OF ONAL LI	THE ST MA	RELEVANT P RKED BY THE	AGES 2ND
	RESPONDENT PETITION N	AS EX O. 2209	HIBIT /2022	R2 (A) IN .	WRIT
Exhibit P14	THE TRUE SUBMITTED	COPY BY THE	OF IST P	THE OBJE ETITIONER D	TION ATED
	12.3.2022 RESPONDENT	SUBMIT THROUG	TED B H E M	EFORE THE AIL.	2ND
Exhibit P15	THE TRUE	COPY	OF	THE OBJE	CTION
	SUBMITTED	BY THE	2ND P	ETITIONER D	ATED
	04.03.2022	SUBMI	TTED	BEFORE THE	2ND
	RESPONDENT	THROUG	H E M	AIL.

Dr.Jithin Thomas John, v. State of Kerala

Case brief

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Dr.Jithin Thomas John, v. State of Kerala

Case brief

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