Kerala High Court
Dr. Neethu Haridas vs Dr. Renu Venugopal on 10 October, 2024
Bench: A.Muhamed Mustaque, Murali Purushothaman
OP(KAT) Nos.480/2023, 481/2023, 503/2023, 547/2023 &
562/2023
1
2024:KER:75143
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
OP(KAT) NO. 480 OF 2023
(AGAINST THE ORDER DATED 19/09/2023 IN O.A (EKM) No.861 of 2021 OF
THE KERALA ADMINISTRATIVE TRIBUNAL, ADDITIONAL BENCH, ERNAKULAM)
PETITIONERS/RESPONDENT NO.9 IN O.A.:
DR. IBAD SHAH I,
AGED 34 YEARS
S/O IBRAHIMKUTTY, RESIDING AT THEJUS,
NADUKUNNU, PATHANAPURAM, KOLLAM,
PIN - 689695
BY ADVS.
NISHA GEORGE
GEORGE POONTHOTTAM (SR)
A.L.NAVANEETH KRISHNAN
ANN MARIA FRANCIS
RESPONDENTS/RESPONDENTS 1 TO 8 AND APPLICANTS IN O.A.:
1 KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY, PATTOM,
THIRUVANANTHAPURAM-, PIN - 695004
2 MEDICAL COUNCIL OF INDIA,
NATIONAL MEDICAL COMMISSION,
REPRESENTED BY ITS SECRETARY,
POCKET-14, SECTOR B, DWARAKA PHASE-I,
NEW DELHI, PIN - 110077
3 STATE OF KERALA,
REPRESENTED BY THE SECRETARY,
HEALTH & FAMILY WELFARE DEPARTMENT,
OP(KAT) Nos.480/2023, 481/2023, 503/2023, 547/2023 &
562/2023
2
2024:KER:75143
THIRUVANANTHAPURAM, PIN - 695001
4 THE DIRECTOR OF MEDICAL EDUCATION,
GOVERNMENT OF KERALA, MEDICAL COLLEGE P.O.,
THIRUVANANTHAPURAM, PIN - 695001
5 DR. SONU THANKACHAN,
S/O P.M. THANKACHAN, PALLART HOUSE,
KAVARAPILLY, PAAPPILLY P.O.,
THRISSUR, PIN - 680304
6 DR. ARAVIND R,
S/O REGHUNATHAN NAIR, MAYOORAM,
KARAVALOOR, PUNALOOR, KOLLAM, PIN - 691333
7 DR. CHETHAN V.S,
S/O R. VASUDEVAN, CHAITHANYASM,
TOWN LIMIT ROAD, ALUVA,
ERNAKULAM, PIN - 683101
8 DR. RAJEEV P.B,
S/O BALAKRISHNAN T.,
NIKUNJAM, KIDANGOOR P.O.,
KUMMANNOOR, KOTTAYAM, PIN - 686572
9 DR. KIRAN MANU C,
AGED 31, S/O CHATHU A.P.,
RESIDING AT KUKKUS, PARAPPURATH,
KOTTAMPARAMBA P.O., KOZHIKODE,
PIN - 673008
0 DR. VISHNU M.,
AGED 33, S/O THAMBAN, RESIDING AT
KODYIYANKUNDIL HOUSE,
PUNNAKUNNU P.O., PARAPPA VIA,
KASARGOD, PIN - 671533
ADDL.R11 NAVEEN K ,
AGED 36 YEARS S/O V P DEVADASAN,
TRITVAM KOVIL VEETTIL KOMMERI P O,
KOZHIKODE 673007
IS IMPLEADED AS ADDITIONAL RESPONDENT R11 AS PER ORDER
DATED 3/4/2024 IN IA 1/2024 IN OP(KAT)480/2023.
ADDL.R12 DR. MALAVIKA. M , AGED 31 YEARS OLD
D/O K.N MADHUSOODANAN,
RESIDING AT SREE NIKETHAN,
OP(KAT) Nos.480/2023, 481/2023, 503/2023, 547/2023 &
562/2023
3
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KALANJOOR.P.O,
PATHANAMTHITTA DISTRICT
PIN - 689 694
IS IMPLEADED AS PER ORDER DATED 10/10/2024 IN
I.A.NO.3/2024 IN O.P.(KAT)NO.480/2023
BY ADVS.
K.S.PRENJITH KUMAR
GAYATHRI R.
P.SATHEESH KUMAR (S 3441)
SHAHANAZ B.
GOVIND V.P.
S.JAYANT
ABHIREMYA RAJ R B
ADARSH S.
KARTHIKA S.A.
T.S.SHYAM PRASANTH, GOVERNMENT PLEADER
SHRI.ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL
ADV.SRI.P.C.SASIDHARAN, SC FOR KSPC
ADV. SRI.K.S.PRENJITH KUMAR, SC FOR NATIONAL MEDICAL
MISSION
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 08.10.2024, ALONG WITH OP(KAT).481/2023, 503/2023 AND
CONNECTED CASES, THE COURT ON 10/10/2024 DELIVERED THE FOLLOWING:
OP(KAT) Nos.480/2023, 481/2023, 503/2023, 547/2023 &
562/2023
4
2024:KER:75143
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
OP(KAT) NO. 481 OF 2023
(AGAINST THE ORDER DATED 19/09/2023 IN O.A (EKM) No.971 of 2021 OF
THE KERALA ADMINISTRATIVE TRIBUNAL, ADDITIONAL BENCH, ERNAKULAM)
PETITIONERS/RESPONDENTS 7 TO 9:
1 DR.RESHMA L,
AGED 33 YEARS
W/O.RANA M C, RESIDING AT PATTANTEPARAMBU,
KANJIPPADOM.P.O., ALAPPUZHA- KERALA, PIN - 688005
2 DR.VIJILAKSHMI A.G,
AGED 32 YEARS
W/O.ANEESH V.S., RESIDING AT VALIYAVEETTIL HOUSE,
ASAMBANY, R.P.C.P.O., MUNDAKKAYAM, KOTTAYAM, KERALA,
PIN - 686513
3 RAMYA M,
AGED 39 YEARS
W/O.RATHEESHKUMAR.R, RESIDING AT KAITHAVARATH HOUSE,
GANDHINAGAR.P.O., KOTTAYAM , KERALA., PIN - 686008
BY ADVS.
M.R.SABU
SREEDHAR RAVINDRAN
P.RAVINDRAN (SR.)
LAKSHMI RAMADAS
APARNA RAJAN
RESPONDENTS/APPLICANT & RESPONDENTS 1 TO 6, 10 TO 12:
1 DR.RACHANA.P,
AGED 33 YEARS
D/O.RAVEENDRAN K C., RESIDING AT SREENIKETH, EDACHARY,
OP(KAT) Nos.480/2023, 481/2023, 503/2023, 547/2023 &
562/2023
5
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P.O. PALLIKUNNU, KANNUR , KERALA., PIN - 670004
2 KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY, PATTOM,
THIRUVANANTHAPURAM, KERALA, PIN - 695004
3 MEDICAL COUNCIL OF INDIA / NATIONAL MEDICAL COMMISSION,
REPRESENTED BY ITS SECRETARY, POCKET-14, SECTION 8,
DWARAKA PHASE - 1, NEW DELHI, KERALA, PIN - 110077
4 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, HEALTH & FAMILY, WELFARE
DEPARTMENT, THIRUVANANTHAPURAM, KERALA, PIN - 695001
5 THE DIRECTOR OF MEDICAL EDUCATION,
GOVERNMENT OF KERALA, MEDICAL COLLEGE P.O.,
THIRUVANANTHAPURAM , KERALA, PIN - 695011
6 DR.AKARSH C.A.,
AGED 31 YEARS
S/O.ASHOKAN C, MEADOWLAND, MULLABALAM ROAD, KARADY,
THANARASSERY.P.O., KOZHIKODE , KERALA., PIN - 673573
7 DR.KARTHIKA K,
AGED 32 YEARS
W/O.NAVANEETH.E.P., TTRRA-24, KIZHAKKUVEETTIL (H),
HAPPY STREET, TT ROAD, KUTTICHIRA P.O., THRISSUR,
KERALA, PIN - 680006
8 DR.AJITHA R.N,
AGED 37 YEARS
W/O.DR.ANURENJ V.V., ANJALI VANDITHADAM,
VELLAYANI.P.O., THIRUVANANTHAPURAM, KERALA,
PIN - 695522
9 DR.NIMMI VARGHESE,
AGED 33 YEARS
D/O.VARGHESE JAMES ALUMMOOTTIL, BLRA 20A, BHANU LANE,
PERRORKADA.P.O.,THIRUVANANTHAPURAM, KERALA,
PIN - 695005
10 DR.SHALIMA SERBIN
AGED 33 YEARS
D/O.RASHEED.K.A, SITHARA GARDEN, KOITHOORKONAM,
THIRUVANANTHAPURAM, KERALA., PIN - 695584
BY ADVS.
K.S.PRENJITH KUMAR
OP(KAT) Nos.480/2023, 481/2023, 503/2023, 547/2023 &
562/2023
6
2024:KER:75143
T.S.SHYAM PRASANTH, GOVERNMENT PLEADER
SHRI.ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL
ADV.SRI.P.C.SASIDHARAN, SC FOR KSPC
ADV. SRI.K.S.PRENJITH KUMAR, SC FOR NATIONAL MEDICAL
MISSION
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 08.10.2024, ALONG WITH OP(KAT).480/2023 AND CONNECTED
CASES, THE COURT ON 10/10/2024 DELIVERED THE FOLLOWING:
OP(KAT) Nos.480/2023, 481/2023, 503/2023, 547/2023 &
562/2023
7
2024:KER:75143
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
OP(KAT) NO. 503 OF 2023
AGAINST THE ORDER DATED 19/09/2013 IN OA (EKM) NO.933 OF 2021 OF
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM (ADDL. BENCH,
ERNAKULAM)
PETITIONERS/ADDL.5TH RESPONDENT IN THE O.A.:
DR. NEETHU HARIDAS,
AGED 37 YEARS
D/O. T. HARIDASAN, PALLATH HOUSE (NEAR BABA SPORTS),
THANKALAM, KOTHAMANGALAM, ERNAKULAM, PIN - 686691
BY ADVS.
N.RAGHURAJ
SAYUJYA
VIVEK MENON
RANCE R.
RESPONDENTS/APPLICANT & RESPONDENTS 1 TO 4 IN THE O.A:
1 DR. RENU VENUGOPAL,
AGED 33 YEARS
W/O. DR. RAHUL V, 'GAYATHRY', KUMARAMPUTHUR, MANNARKKAD
COLLEGE P.O., PALAKKAD, KERALA, PIN - 678583
2 KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY, PATTOM,
THIRUVANANTHAPURAM, KERALA, PIN - 695004
3 MEDICAL COUNCIL OF INDIA/NATIONAL MEDICAL COMMISSION,
REPRESENTED BY ITS SECRETARY, POCKET-14, SECTOR 8,
DWARAKA PHASE-1, NEW DELHI, PIN - 110077
OP(KAT) Nos.480/2023, 481/2023, 503/2023, 547/2023 &
562/2023
8
2024:KER:75143
4 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, HEALTH & FAMILY WELFARE
DEPARTMENT,THIRUVANANTHAPURAM , KERALA, PIN - 695001
5 THE DIRECTOR OF MEDICAL EDUCATION,
GOVERNMENT OF KERALA, MEDICAL COLLEGE
P.O.,THIRUVANANTHAPURAM, KERALA, PIN - 695011
ADDL.R6 NAVEEN K,AGED 36 YEARS
S/O V.P.DEVADASAN
TRITVAM KOVIL VEETTIL,KOMMERI P.O,
KOZHIKODE - 673007.
IS IMPLEADED AS ADDITIONAL 6TH RESPONDENT AS PER ORDER
DATED 10/10/2024 IN I.A.NO.1/2024 IN OP(KAT)NO.503 OF
2023.
BY ADVS.
S.VISHNU
K.S.PRENJITH KUMAR
S.JAYANT
JEREES J.
PRASANTH N.L.
ABHIREMYA RAJ R B
GOVIND V.P.
GAYATHRI R.
T.S.SHYAM PRASANTH, GOVERNMENT PLEADER
SHRI.ASOK M.CHERIAN, ADDL. ADVOCATE
GENERALADV.SRI.P.C.SASIDHARAN, SC FOR KSPC
ADV. SRI.K.S.PRENJITH KUMAR, SC FOR NATIONAL MEDICAL
MISSION
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 08.10.2024, ALONG WITH OP(KAT).480/2023 AND CONNECTED
CASES, THE COURT ON 10/10/2024 DELIVERED THE FOLLOWING:
OP(KAT) Nos.480/2023, 481/2023, 503/2023, 547/2023 &
562/2023
9
2024:KER:75143
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
OP(KAT) NO. 547 OF 2023
AGAINST THE ORDER DATED 21.11.2023 IN OA NO.1874 OF 2023 OF
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/APPLICANTS:
1 DR. ARYA AJAYAN,
AGED 33 YEARS
D/O. T. AJAYAN,
PRESENTLY WORKING AS
SENIOR RESIDENT IN FORENSIC MEDICINE
AT GOVERNMENT MEDICAL COLLEGE,
PALAKKAD -678 001
PERMANENT RESIDENT OF AJAYYAM,
MEDICAL COLLEGE P.O.,
OPPOSITE DME QUARTERS,
THIRUVANNATHAPURAM,
PIN - 695011
2 DR. AADITYA R.,
AGED 29 YEARS
S/O. DR. RAMESHWARA T.
PRESENTLY WORKING AS ASSISTANT
PROFESSOR IN FORENSIC MEDICINE
AT SRI GOKULAM MEDICAL COLLEGE,
VENJARAMOODU
THIRUVANANTHAPURAM 695 607,
PERMANENT RESIDENT OF HOUSE NO 150,
CHAITRA, GANDHI NAGAR 1ST STREET,
VAZHUTHACAUD P.O.,
THIRUVANANTHAPURAM,
PIN - 695014
OP(KAT) Nos.480/2023, 481/2023, 503/2023, 547/2023 &
562/2023
10
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BY ADVS.
ARAVINDA KUMAR BABU T.K.
SANDRA SUNNY
ARUN KUMAR M.A
FARAH JYOTHI PRADEEP
RESPONDENTS/RESPONDENTS:
1 KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY THULASI HILL,
PATTOM P.O.
THIRUVANANTHAPURAM,
PIN - 695004
2 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO
GOVERNMENT HEALTH AND
FAMILY WELFARE DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 NATIONAL MEDICAL COMMISSION,
FORMERLY MEDICAL COUNCIL OF INDIA,
REPRESENTED BY ITS SECRETARY POCKET 14,
SECTOR 8, DWARAKA PHASE 1 NEW DELHI,
PIN - 110077
4 DIRECTOR OF MEDICAL EDUCATION,
DIRECTORATE OF MEDICAL EDUCATION,
GOVERNMENT MEDICAL COLLEGE,
MEDICAL COLLEGE P.O.
THIRUVANANTHAPURAM,
PIN - 695011
ADDL.R5 DR.BINCY BABU
AGED 32 YEARS, D/O. BABU SAMUEL,
ASSISTANT SURGEON,
CHC, MUTTOM, IDUKKI,
PRESENTLY WORKING AT DISTRICT HOSPITAL,
THODUPUZHA, IDUKKI DISTRICT.
RESIDING AT PARAYIL HOUSE,
ARAKULAM P.O, 12TH MILE, IDUKKI.
ADDL.R6 DR.SREEDEVI.G
AGED 31 YEARS, W/O. JAYAKRISHNAN.R,
OP(KAT) Nos.480/2023, 481/2023, 503/2023, 547/2023 &
562/2023
11
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RESIDING AT R.S.NILAYAM,
THAMPURAN NAGAR, KOLACODE,
NEMOM.P.O, THIRUVANANTHAPURAM-
( ADDITIONAL R5 AND R6 ARE IMPLEADED AS PER ORDER DATED
8/01/2024 IN IA 1/2023)
ADDL.R7 DR. PARTHASARATHY K.S
AGED 37 YEARS S/O. SOMANATH K.G,
JUNIOR CONSULTANT AND ASSISTANT POLICE SURGEON,
DISTRICT HOSPITAL, KOLLAM,
PERMANENT RESIDENCE AT KADAVUNGASSERY HOUSE,
SOUPARNIKA, AMRUTHA LANE,
POONKUNNAM P.O.,
THRISSUR -680002
(ADDITIONAL R7 IS IMPLEADED AS PER ORDER DATED
8/01/2024 IN IA 4/2023)
ADDL.R8 NEETHU M BABU ,
AGED 37 YEARS, W/O AJU JOSE,
VALAYIL HOUSE,
PALAKKUZHA, KOOTTHATTUKULAM,
ERNAKULAM DISTRICT, PIN:686662
IS IMPLEADED AS ADDITIONAL RESPONDENT R8 AS PER ORDER
DATED 5/08/2024 IN IA 1/2024 IN OP(KAT)547/2023.
ADDL.R9 DR. VITNI FERNZ, AGED 33 YEARS
D/O. SAM VARGHESE, MRRA A15, KRISHNASREE,
THOPPIL LANE, VANCHIYOOR, THIRUVANANTHAPURAM
IS IMPLEADED AS ADDITIONAL R9 AS PER ORDER DATED
03.09.2024 IN IA 3/2024 IN OP(KAT)547/2023)
BY ADVS.
K.S.PRENJITH KUMAR
SHAMEENA SALAHUDHEEN
A.K.ALEX
P.SREEKUMAR (SR.)
B.PRAMOD
JELEETTA GREGORY
ASTRID STEREENA MATHEW
B.RAVISANKAR
P.R.VIJAYAKUMAR
HELEN P.A.
STEPHANIE SHARON
OP(KAT) Nos.480/2023, 481/2023, 503/2023, 547/2023 &
562/2023
12
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ATHUL ROY
ATHUL M.V.
T.S.SHYAM PRASANTH, GOVERNMENT PLEADER
SHRI.ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL
ADV.SRI.P.C.SASIDHARAN, SC FOR KSPC
ADV. SRI.K.S.PRENJITH KUMAR, SC FOR NATIONAL MEDICAL
MISSION
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 08.10.2024, ALONG WITH OP(KAT).480/2023 AND CONNECTED
CASES, THE COURT ON 10/10/2024 DELIVERED THE FOLLOWING:
OP(KAT) Nos.480/2023, 481/2023, 503/2023, 547/2023 &
562/2023
13
2024:KER:75143
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
OP(KAT) NO. 562 OF 2023
AGAINST THE ORDER DATED 21.11.2023 IN OA NO.2016 OF 2023
OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/APPLICANT NO.2:
DR.SHEMA CHITHAJAN,
AGED 36 YEARS
W/O.CHITHAJAN P.K, SENIOR RESIDENT,
DEPARTMENT OF RADIOTHERAPY,
GOVERNMENT T.D.MEDICAL COLLEGE,
ALAPPUZHA -688005,
RESIDING AT SREENILAYAM HOUSE, THULAMPARAMPU
CENTRE, HARIPAD P.O., ALAPPUZHA-,
PIN - 690514
BY ADVS.
KALEESWARAM RAJ
THULASI K. RAJ
APARNA NARAYAN MENON
CHINNU MARIA ANTONY
RESPONDENTS/APPLICANT NO.1/RESPONDENTS:
OP(KAT) Nos.480/2023, 481/2023, 503/2023, 547/2023 &
562/2023
14
2024:KER:75143
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO
HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF MEDICAL EDUCATION,
DIRECTORATE OF MEDICAL EDUCATION,
MEDICAL COLLEGE P.O.,THIRUVANANTHAPURAM,
KERALA, PIN - 695011
3 KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY.
M.G.ROAD, NEAR PATTOM JUNCTION,
PATTOM, THIRUVANANTHAPURAM,
PIN - 695004
4 NATIONAL MEDICAL COMMISSION,
REPRESENTED BY ITS SECRETARY
SATARKTA BHAWAN, G.P.O. COMPLEX,
BLOCK A, INA, NEW DELHI,
PIN - 110023
5 DR.KEVIN THOMAS
AGED 31 YEARS
S/O.A.M.THOMAS, SENIOR RESIDENT,
DEPARTMENT OF RADIOTHERAPY,
GOVERNMENT T.D.MEDICAL COLLEGE,
ALAPPUZHA, PIN - 688005
BY ADV K.S.PRENJITH KUMAR
T.S.SHYAM PRASANTH, GOVERNMENT PLEADER
SHRI.ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL
ADV.SRI.P.C.SASIDHARAN, SC FOR KSPC
ADV. SRI.K.S.PRENJITH KUMAR, SC FOR NATIONAL
MEDICAL MISSION
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR ADMISSION ON 08.10.2024, ALONG WITH OP(KAT).480/2023 AND
CONNECTED CASES, THE COURT ON 10/10/2024 DELIVERED THE
FOLLOWING:
OP(KAT) Nos.480/2023, 481/2023, 503/2023, 547/2023 &
562/2023
15
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JUDGMENT
These cases are filed challenging the common order passed by the Kerala Administrative Tribunal. The Tribunal considered a common question in all these matters regarding appointment to the post of Assistant Professor in various departments in Kerala Medical Education Service. The Kerala State Public Service Commission(PSC) invited applications to the post of Assistant Professor. One of the qualifications stipulated is, three years teaching experience or such other teaching experience as prescribed by the Medical Council of India (known as National Medical Commission from 25/09/2020). A shortlist was published. A challenge was made by certain candidates included in the ranked list to exclude the candidates, who do not possess qualifications as prescribed by the Medical Council of India. As seen from the Medical Council of India Regulation, namely Minimum Qualifications for Teachers in Medical Institutions Regulations, 1998 as amended from time to time, one of the stipulated qualifications is one year as Senior Residency in the subject concerned from a OP(KAT) Nos.480/2023, 481/2023, 503/2023, 547/2023 & 562/2023 16 2024:KER:75143 recognized/ permitted medical college. Whether this stipulation is mandatory or not, is debated before this Court.
2. We are not looking at the qualifications, which are required for appointment as Assistant Professor at this juncture. The Tribunal interfered in this matter and noting that the PSC notification is contrary to the Medical Council of India Regulation, set aside the notification with a direction to take steps to undertake fresh process of selection after the publication of a fresh notification.
3. We note, the notification clearly stipulates teaching experience as prescribed by the Medical Council of India. If that be the case, it cannot be said that the notification is bad or contrary to Medical Council of India Regulation. If some candidates are included in the shortlist, who lack the necessary qualifications, it will have to be pointed out by the applicants before the Tribunal and those candidates will have to be excluded from the shortlist. A notification can be set aside only in an extreme circumstance where it is found that such a notification is contrary to the Regulations or Rules applicable to such recruitment. OP(KAT) Nos.480/2023, 481/2023, 503/2023, 547/2023 & 562/2023 17 2024:KER:75143
4. We also note that all the candidates who will be affected by the outcome of the judgment are not impleaded in the matter. There may be candidates, even according to the applicants before the Tribunal, who are qualified as per the PSC notification. If the PSC notification can be sustained, there is no necessity to exclude such candidates, even as per the case of the applicant before the Tribunal. As we observed above, the notification contains that teaching experience should be in accordance with the Medical Council of India Regulation.
5. Since the notification can be sustained, we are of the view that the impugned order has to be set aside. We also note, no opportunity was given to the candidates in the shortlist to raise their objections. What should be the qualifications and in what manner the Regulation of Medical Council of India can be interpreted can be decided by the Tribunal afresh. Since the matter was considered without arraying all the parties who will be affected in the party array, we are of the view that fresh consideration of the matter is required. Accordingly, we set aside the impugned order and OP(KAT) Nos.480/2023, 481/2023, 503/2023, 547/2023 & 562/2023 18 2024:KER:75143 the matter is remanded back to the Tribunal for fresh consideration after hearing all. The applicants before the Tribunal shall be given an opportunity to implead all the candidates, who are likely to be affected by the outcome of the original application. Parties are directed to appear before the Tribunal on 28/10/2024.
The Original Petitions are disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE JUDGE Sd/-
MURALI PURUSHOTHAMAN JUDGE sv OP(KAT) Nos.480/2023, 481/2023, 503/2023, 547/2023 & 562/2023 19 2024:KER:75143 APPENDIX OF OP(KAT) 480/2023 PETITIONER'S ANNEXURES Annexure A1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION VIDE NO. 49692 DATED 22.01.2014 OF THE 1ST APPLICANT Annexure A1(a) TRUE COPY OF THE CERTIFICATE OF DEGREE OF MASTER OF SURGERY IN ORTHOPEDICS FROM KERALA UNIVERSITY OF HEALTH SCIENCES OF THE 1ST APPLICANT.
Annexure-A1(b) TRUE COPY OF THE CERTIFICATE NO.C2/201043/2020/MCC DATED 2.7.2020 ISSUED BY THE OFFICE OF THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, KOZHIKKODE TO THE 1ST APPLICANT Annexure-A1(c) TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, KOZHIKKODE VIDE NO.GMCKKD/1882/2020-E10 DATED 30.06.2020 TO THE 1ST APPLICANT AnnexureA2 TRUE COPY OF THE CERTIFICATE OF REGISTRATION VIDE NO. 49548 DATED 17.01.2014 OF THE 2ND APPLICANT.
Annexure-A2(a) TRUE COPY OF THE CERTIFICATE OF DEGREE OF MASTER OF SURGERY IN ORTHOPEDICS FROM KERALA UNIVERSITY OF HEALTH SCIENCES TO THE 2ND APPLICANT.
Annexure-A2(b) TRUE COPY OF THE CERTIFICATE NO.C2/29449/2018/MCC DATED 29.09.2018 ISSUED BY THE OFFICE OF THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, KOZHIKKODE TO THE 2ND APPLICANT.
Annexure-A2(c) TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, KOZHIKKODE VIDE NO. GMCKKD/3986/2019-E10 DATED 3.8.2019 TO THE 2ND APPLICANT.
Annexure -A3 TRUE COPY OF THE MINIMUM QUALIFICATION FOR TEACHERS IN MEDICAL INSTITUTIONS (AMENDMENT REGULATIONS) 2019 AS PUBLISHED IN THE GAZETTE OP(KAT) Nos.480/2023, 481/2023, 503/2023, 547/2023 & 562/2023 20 2024:KER:75143 OF INDIA ON 12.2.2020 Annexure-A4 TRUE COPY OF THE NOTIFICATION ISSUED BY THE 1ST RESPONDENT INVITING APPLICATIONS FOR THE POST OF ASSISTANT PROFESSOR IN ORTHOPEDICS IN MEDICAL EDUCATION SERVICE NOTIFIED IN THE EXTRA ORDINATE GAZETTE DATED 3.8.2020 VIDE CATEGORY NO.15/2020 Annexure-A5 TRUE COPY OF THE NOTIFICATION ISSUED BY THE 1ST RESPONDENT INVITING APPLICATIONS FOR THE POST OF ASSISTANT PROFESSOR IN FAMILY MEDICINE NOTIFIED IN THE EXTRAORDINARY GAZETTE DATED 15.12.2020 VIDE CATEGORY NO.321/2020 Annexure-A6 TRUE COPY OF THE REPRESENTATION DATED 28.3.2021 SUBMITTED BY THE 1ST APPLICANT TO THE 1ST RESPONDENT.
Annexure-A7 TRUE COPY OF THE SHORT LIST PUBLISHED BY THE 1ST RESPONDENT VIDE SL NO. 28/2021/OLE IN RESPECT OF CATEGORY NO. 015/2020 DATED 28.05.2021 Annexure-A8 TRUE COPY OF THE REPRESENTATIONS DATED 03.06.2021 SUBMITTED BY THE APPLICANTS TO THE 1ST RESPONDENT.
Annexure-A9 TRUE COPY OF THE DRAFT SPECIAL RULES IN RESPECT OF KERALA STATE MEDICAL EDUCATION SERVICE 2015 AS PUBLISHED IN THE WEBSITE OF THE 4TH RESPONDENT DME.
Annexure-A10 TRUE COPY OF THE RELEVANT PORTION OF THE MINIMUM QUALIFICATIONS FOR TEACHERS IN MEDICAL INSTITUTIONS REGULATIONS 1998 AS AMENDED UPTO 08.06.2017 Annexure-A11 TRUE COPY OF THE GAZETTE NOTIFICATION PUBLISHED BY THE MEDICAL COUNCIL OF INDIA VIDE NO.MCI-12(1)/2017-MED.MISC/115698 DATED 05.06.2017.
Annexure -A12 TRUE COPY OF G.O.(MS)NO.20/09/H&FWD DATED 13.01.2009 ISSUED BY THE 3RD RESPONDENT.
Exhibit -P1 TRUE COPY OF O.A.(EKM) NO. 861/2021 FILED OP(KAT) Nos.480/2023, 481/2023, 503/2023, 547/2023 & 562/2023 21 2024:KER:75143 BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM ON 04.06.2021 ALONG WITH ITS ANNEXURES, Exhibit -P2 TRUE COPY OF THE INTERIM ORDER DATED 28.07.2021 OF THE TRIBUNAL IN O.A.(EKM)NO. 861 OF 2021 PASSED BY THE KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM Exhibit-P3 TRUE COPY OF THE REPLY STATEMENT IN O.A. (EKM)NO. 861 OF 2021 FILED ON BEHALF OF THE 1ST RESPONDENT DATED 05.08.2021BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, Exhibit-P4 TRUE COPY OF THE REPLY STATEMENT IN O.A.(EKM) NO. 861 OF 2021 FILED ON BEHALF OF THE 5TH RESPONDENT FILED ON 06.04.2022 BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL.
Exhibit-P5 TRUE COPY OF THE REPLY STATEMENT IN O.A. (EKM)NO. 861 OF 2021 FILED ON BEHALF OF THE 3RD RESPONDENT DATED 06.07.2022 BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL Exhibit -P6 TRUE COPY OF THE MISCELLANEOUS APPLICATION NO. 2214 OF 2022 IN O.A.(EKM) NO. 861 OF 2021 DATED 11.12.2022 FILED BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL.
Exhibit-P7 TRUE COPY OF THE REJOINDER FILED BY THE 1ST APPLICANT DATED 28.08.2022 IN O.A.(EKM) NO. 861 OF 2021 BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL WITH ANNEXURES.
Exhibit-P8 TRUE COPY OF THE ORDER OF THE KERALA ADMINISTRATIVE TRIBUNAL, ADDITIONAL BENCH ERNAKULAM IN O.A. [EKM] 861 OF 2021 DATED 19.09.2023 RESPONDENT'S EXHIBITS Exhibit R 11(1) THE TRUE COPY OF THE NOTIFICATION CONTAINING THE SHORTLIST OF ELIGIBLE CANDIDATES FOR THE SELECTION TO THE POST ASSISTANT PROFESSOR IN ORTHOPEDICS-STATE WIDE (CATEGORY NO:015/2020) DATED 28/05/2021.
Exhibit R 11(2) THE TRUE COPY OF THE INTERVIEW INTIMATION LETTER DATED 4/08/2021 FROM SECRETARY KERALA OP(KAT) Nos.480/2023, 481/2023, 503/2023, 547/2023 & 562/2023 22 2024:KER:75143 PUBLIC SERVICE COMMISSION.
Exhibit R 11(3) THE TRUE COPY OF THE FREQUENTLY ASKED QUESTIONS AND ITS ANSWERS GIVEN AS PER NO. MCI -12(1)2017-MED-MISC./115698 DATED 5TH JUNE 2017 RESPONDENT'S EXHIBITS Exhibit R11(1) THE TRUE COPY OF THE NOTIFICATION OF PSC DATED 03/08/2020.
Exhibit R11(2) THE TRUE COPY OF THE NOTIFICATION CONTAINING THE SHORTLIST OF ELIGIBLE CANDIDATES FOR THE SELECTION TO THE POST ASSISTANT PROFESSOR IN ORTHOPEDICS-STATE WIDE (CATEGORY NO:
015/2020) DATED 28/05/2021.
Exhibit R11(3) The true copy of the intimation letter dated 04/08/2021 from secretary Kerala Public Service Commission.
Exhibit R11(4) The true copy of the frequently asked questions and its answers given as per NO. MCI -12(1)2017-Med-Misc. /115698 dated 5th June 2017.
Exhibit R11(5) The true copy of the notification dated 12/02/2020 issued by the Medical Council of India.
Exhibit R11(6) The information received as per letter dated 05/02/2024 bearing no. K2/829856/2023/MED Exhibit R11(7) The true copy of the certificate issued by the Principal, Malabar Medical College dated 21/03/2023 bearing no.
20/MMCH/ECT/HR/1276/2023.
Exhibit R11(8) THE RELIEVING ORDER DATED 21/03/2023 BEARING NO. MMC AND RC/R.O/HR/1276/2023 ISSUED BY CHAIRMAN.
Exhibit R11(9) THE TRUE COPY OF THE NOTIFICATION BEARING NO.
F.NO NMC/MCI-23(1)/2021-MED IS PRODUCED AND MARKED AS EXHIBIT R11(9).
OP(KAT) Nos.480/2023, 481/2023, 503/2023, 547/2023 & 562/2023 23 2024:KER:75143 APPENDIX OF OP(KAT) 481/2023 PETITIONER'S ANNEXURES Annexure-A1 TRUE COPY CERTIFICATE OF REGISTRATION VIDE NO.49474 DATED 09.01.2014 OF THE APPLICANT Annexure -A1(a) TRUE COPY OF THE CERTIFICATE OF DEGREE OF MASTER OF SURGERY IN OBSTETRICS AND GYNAECOLOGY FROM KERALA UNIVERSITY OF HEALTH SCIENCES OF THE APPLICANT Annexure-A1(b) TRUE COPY OF THE CERTIFICATE NO.C2/148202/2019/MCC DATED 18.11.2019 ISSUED BY THE OFFICE OF THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, KOZHIKODE TO THE APPLICANT Annexure -A1(c) TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, KOZHIKODE VIDE NO.GMCKKD/4934/2019-E10 DATED 30.10.2019 TO THE APPLICANT Annexure-A2 TRUE COPY OF THE MINIMUM QUALIFICATION FOR TEACHERS IN MEDICAL INSTITUTIONS (AMENDMENT REGULATIONS) 2019 AS PUBLISHED IN THE GAZETTE OF INDIA ON 12.02.2020 Annexure-A3 TRUE COPY OF THE NOTIFICATION ISSUED BY THE 1ST RESPONDENT INVITING APPLICATIONS FOR THE POST OF ASSISTANT PROFESSOR IN OBSTETRICS AND GYNAECOLOGY IN MEDICAL EDUCATION SERVICE NOTIFIED IN THE EXTRA ORDINARY GAZETTE DATED 03.08.2020 VIDE CATEGORY NO.10/2020 Annexure-A4 TRUE COPY OF THE NOTIFICATION ISSUED BY THE 1ST RESPONDENT INVITING APPLICATIONS FOR THE POST OF ASSISTANT PROFESSOR IN FAMILY MEDICINE NOTIFIED IN THE EXTRAORDINARY GAZETTE DATED 15.12.2020 VIDE CATEGORY NO.321/2020 Annexure-A5 TRUE COPY OF THE SHORT LIST PUBLISHED BY THE 1ST RESPONDENT VIDE SL.NO.25/2021/OLE IN RESPECT OF CATEGORY NO.010/2020 DATED 05.05.2021 OP(KAT) Nos.480/2023, 481/2023, 503/2023, 547/2023 & 562/2023 24 2024:KER:75143 Annexure-A6 TRUE COPY OF THE REPRESENTATION DATED 08.06.2021 SUBMITTED BY THE APPLICANT TO THE 1ST RESPONDENT Annexure-A7 TRUE COPY OF THE DRAFT SPECIAL RULES IN RESPECT OF KERALA STATE MEDICAL EDUCATION SERVICE 2015 AS PUBLISHED IN THE WEBSITE OF THE DIRECTOR OF MEDICAL EDUCATION Annexure-A8 TRUE COPY OF THE RELEVANT PORTION OF THE MINIMUM QUALIFICATIONS FOR TEACHERS IN MEDICAL INSTITUTIONS REGULATIONS 1998 AS AMENDED UPTO 08.06.2017 Annexure-A9 TRUE COPY OF THE GAZETTE NOTIFICATION PUBLISHED BY THE MEDICAL COUNCIL OF INDIA VIDE NO.MCI-12(1)/2017-MED.MISC/115698 DATED 5.6.2017 Annexure-A10 TRUE COPY OF G.O.(MS) NO.20/09/H&FWD DATED 13.01.2009 ISSUED BY THE 3RD RESPONDENT Annexure-R5(a) TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF ADDITIONAL MEDICAL QUALIFICATION OF 5TH RESPONDENT DATED 11.11.2020. REGISTRATION NO.56704 Annexure-R5(b) TRUE COPY OF THE DEGREE CERTIFICATE OF MASTER OF SURGERY IN OBSTETRICS & GYNECOLOGY OF 5TH RESPONDENT DATED 28.01.2021 REG NO. 172200016 Annexure-R5(c) TRUE COPY OF THE CERTIFICATE OF 5H RESPONDENT DATED 21.06.2022 NO.B5/329949/2021/MCTCR(72) Annexure-R5(d) TRUE COPY OF EXPERIENCE CERTIFICATE OF 5TH RESPONDENT DATED 13.01.2022 Annexure-R5(e) TRUE COPY OF THE GOVERNMENT ORDER G.O(MS) NO.
162/2010/H&FWD DATED 28.04.2010 Annexure-R5(f) TRUE COPY OF THE RTI REPLY DATED 12.04.2022 FROM THE DIRECTORATE OF MEDICAL EDUCATION Annexure-R5(g) TRUE COPY OF THE AMENDMENT ISSUED BY THE NATIONAL MEDICAL COMMISSION DATED 22.02.2022 OP(KAT) Nos.480/2023, 481/2023, 503/2023, 547/2023 & 562/2023 25 2024:KER:75143 Annexure-R9 TRUE, COPY OF THE CERTIFICATE DATED 23.09.2009 ISSUED BY THE UNIVERSITY OF KERALA TO THE ADDITIONAL 9TH RESPONDENT Annexure-R9(a) TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 22.01.2014 ISSUED BY THE TRAVANCORE COCHIN COUNCIL OF MODERN MEDICINE TO THE ADDITIONAL 9TH RESPONDENT Annexure-R9(b) TRUE COPY OF THE ORDER NO. EA3-24103/2012/DHS DATED 20.04.2012 OF THE DIRECTOR OF HEALTH SERVICES Annexure-R9(c) TRUE COPY OF POST GRADUATE (MS OBSTETRICS AND GYNECOLOGY) CERTIFICATE OF THE ADDITIONAL 9TH RESPONDENT DATED 18.02.2016 REG. NO.121550021 Annexure-R9(d) TRUE COPY OF THE PROCEEDINGS NO EA2- 1818/2015/DHS DATED 27.06.2015 OF THE DIRECTOR OF HEALTH SERVICES Annexure-R9(e) TRUE COPY OF THE GOVERNMENT ORDER G.O(MS)NO.162/2010LH&FWD DATED 28.04.2010 Annexure-R9(f) TRUE COPY OF THE INFORMATION DATED 12.04.2022 OBTAINED UNDER THE PROVISIONS OF THE RIGHT TO INFORMATION ACT FROM THE DIRECTORATE OF MEDICAL EDUCATION, THIRUVANANTHAPURAM Annexure-R9(g) TRUE COPY OF THE GOVERNMENT ORDER G.O(MS) NO.
30/2018/H&FWD DATED 20.02.2018 Annexure-R9(h) TRUE COPY OF THE AMENDMENT ISSUED BY THE NATIONAL MEDICAL COMMISSION DATED 12/02/2020 Annexure-R9(i) TRUE COPY OF NOTIFICATION ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION VIDE CATEGORY NO. 81/2019 Annexure-R9(j) TRUE COPY OF NOTIFICATION ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION VIDE CATEGORY NO. 644/2021 Annexure-R9(k) TRUE COPY OF NOTIFICATION ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION VIDE CATEGORY NO. 719/2021 OP(KAT) Nos.480/2023, 481/2023, 503/2023, 547/2023 & 562/2023 26 2024:KER:75143 Annexure-R9(l) TRUE COPY OF THE GOVERNMENT ORDER G.O( P) N O,.425/2009/H &FW D DATED 14.12.2009 (RELEVANT PORTION) Annexure-R9(m) TRUE COPY OF THE GOVERNMENT ORDER G.O(MS) N O.14/2013/H&FWD DATED 22.01.2013 Annexure-R9(n) TRUE COPY OF GOVERNMENT ORDER GO( MS) NO.94/2020/H&FWD DATED 27.06.2020 Annexure-R9(o) TRUE COPY OF NOTIFICATION FOR RECRUITMENT TO THE POST OF ASSISTANT PROFESSOR IN MICROBIOLOGY (CATEGORY NO. 593/2021) DATED 15.12.2021 ISSUED BY 1ST RESPONDENT.
Annexure-R9(p) TRUE COPY OF RANKED LIST NO.723 /2023/SS IV (CATEGORY NO.593/2021) FOR THE POST OF ASSISTANT PROFESSOR IN MICROBIOLOGY DATED 22.8.2023 NOTIFIED BY 1ST RESPONDENT.
Exhibit-P1 TRUE COPY OF GOVERNMENT ORDER DATED 07.04.2008 G.O.(MS) NO.100/2008/H&FWD Exhibit-P2 TRUE COPY OF THE GOVERNMENT ORDER DATED 28.04.2010 G.O.(MS) NO.162/2010/H&FWD Exhibit-P3 TRUE COPY OF THE GOVERNMENT ORDER DATED 22.01.2013 G.O.(MS) NO.14/2013/H&FWD Exhibit -P4 TRUE COPY OF THE RELEVANT EXTRACT OF THE REGULATIONS, 1998 AS AMENDED UP TO 8TH JUNE, 2017 Exhibit-P5 TRUE COPY OF THE NOTIFICATION DATED 12.02.2020 NO.MCI-12(2)/2019-MED.MISC./189334 Exhibit-P6 TRUE COPY OF THE O.A. NO. 971/2021 FILED BY THE 1ST RESPONDENT DATED 15.06.2021 Exhibit -P7 TRUE COPY OF THE REJOINDER TO REPLY STATEMENT FILED BY THE PSC DATED 01.09.2022 IN O.A. NO.
971/2021Exhibit-P8 TRUE COPY OF THE REPLY STATEMENT FILED BY THE ADDITIONAL RESPONDENTS 5 TO 8 DATED 04.09.2023 IN O.A.NO.971/2021 OP(KAT) Nos.480/2023, 481/2023, 503/2023, 547/2023 & 562/2023 27 2024:KER:75143 Exhibit-P9 TRUE COPY OF THE STATEMENT FILED BY THE GOVERNMENT DATED 18.08.2023 IN O.A. NO.
971/2021Exhibit 10 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 3RD PETITIONER/ ADDITIONAL 9TH RESPONDENT DATED 11.12.2022 IN O.A. NO. 971/2021 Exhibit-P10(a) TRUE COPY OF THE ADDITIONAL REPLY STATEMENT FILED BY THE 3RD PETITIONER/ 9TH RESPONDENT DATED 04.09.2023 IN O.A. NO. 971/2021 Exhibit-P11 TRUE COPY OF THE RELEVANT EXTRACT OF THE TEACHERS ELIGIBILITY QUALIFICATIONS IN MEDICAL INSTITUTIONS REGULATIONS, 2022 ISSUED BY THE NATIONAL MEDICAL COMMISSION DATED 14.02.2022 F.NO.NMC/MCI-23(I)/2021-MED.
Exhibit-P12 TRUE COPY OF THE ORDER OF THE KERALA ADMINISTRATIVE TRIBUNAL DATED 19.09.2023 IN O.A.(EKM) NO.971 /2021 OP(KAT) Nos.480/2023, 481/2023, 503/2023, 547/2023 & 562/2023 28 2024:KER:75143 APPENDIX OF OP(KAT) 503/2023 PETITIONER'S ANNEXURES Annexure.A1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION VIDE NO. 49565 DATED.17.1.2014 OF THE APPLICANT WITH TYPED COPY Annexure.A1[a] TRUE COPY OF THE CERTIFICATE OF THE DERMATOLOGY, VENEREOLOGY AND LEPROSY FROM KERALA UNIVERSITY OF HEALTH SCIENCES OF THE APPLICANT Annexure.A1[b] TRUE COPY OF THE CERTIFICATE NO.B5- 12576/2018/MCTCR DATED.12.7.2018 ISSUED BY THE OFFICE OF THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, THRISSUR TO THE APPLICANT Annexure.A1[C] TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, THRISSUR VIDE NO.E4-/10522/2018/GMCTCR DATED.19.7.2019 WITH TYPED COPY Annexure.A2 TRUE COPY OF THE MINIMUM QUALIFICATION FOR TEACHERS IN MEDICAL INSTITUTIONS (AMENDMENT REGULATIONS) 2019 AS PUBLISHED IN THE GAZETTE OF INDIA ON 12.2.2020.
Annexure.A3 TRUE COPY OF THE NOTIFICATION ISSUED BY THE 1ST RESPONDENT INVITING APPLICATIONS FOR THE POST OF ASSISTANT PROFESSOR IN DERMATOLOGY AND VENEROLOGY IN MEDICAL EDUCATION SERVICE IN MEDICAL EDUCATION SERVICE NOTIFIED IN THE EXTRA ORDINARY GAZETTE DATED 15.12.2020 VIDE CATEGORY NO. 322/2020.
Annexure.A4 TRUE COPY OF THE NOTIFICATION ISSUED BY THE 1ST RESPONDENT INVITING APPLICATIONS FOR THE POST OF ASSISTANT PROFESSOR IN FAMILY MEDICINE NOTIFIED IN THE EXTRAORDINARY GAZETTE DATED 15.12.2020 VIDE CATEGORY NO. 321/2020.
Annexure.A5 TRUE COPY OF THE REPRESENTATION DATED 4.4.2021 SUBMITTED BY THE APPLICANT TO THE 1ST RESPONDENT OP(KAT) Nos.480/2023, 481/2023, 503/2023, 547/2023 & 562/2023 29 2024:KER:75143 Annexure.A6 TRUE COPY OF THE DRAFT SPECIAL RULES IN RESPECT OF KERALA STATE MEDICAL EDUCATION SERVICE 2015 AS PUBLISHED IN THE WEB SITE OF THE 4TH RESPONDENT DME (RELEVANT PORTION).
Annexure.A7 TRUE COPY OF NOTIFICATION NO.28/2022/ER IX DATED 18.3.2022 PUBLISHING THE SHORT LIST IN RESPECT OF THE POST OF ASSISTANT PROFESSOR IN DERMATOLOGY AND VENEROLOGY (CATEGORY NO. 322/2020) BY THE 1ST RESPONDENT.
Annexure.A8 TRUE COPY OF THE MINIMUM QUALIFICATIONS FOR TEACHERS IN MEDICAL INSTITUTIONS REGULATIONS 1998 (AMENDED UPTO 8.6.2017) ISSUED BY THE 2ND RESPONDENT Annexure.A9 TRUE COPY OF THE AMENDMENT NOTIFICATION IN THE GAZETTE OF INDIA VIDE NOTIFICATION NO.MCI-12(1)/2017-MED.MISC/115698 DATED 5.6.2017 ISSUED BY THE 2ND RESPONDENT.
Annexure.R5 TRUE COPY OF THE CERTIFICATE DATED 26.06.2009 ISSUED BY THE UNIVERSITY OF KERALA TO THE APPLICANT.
Annexure.R5[a] TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 30.10.2013 ISSUED BY THE REGISTRAR, TRAVANCORE COCHIN COUNCIL OF MODERN MEDICINE TO THE APPLICANT.
Annexure.R5[b] TRUE COPY OF THE ORDER NO.EA3-50553/2011/DHS DATED 26.07.2011 ISSUED BY THE DIRECTOR OF HEALTH SERVICES WITH RELEVANT PAGES OF ANNEXURES Annexure.R5[c] TRUE COPY OF THE CERTIFICATE DATED 21.03.2015 ISSUED BY THE KERALA UNIVERSITY OF HEALTH SCIENCES TO THE APPLICANT/PETITIONER IN OP[KAT] Exhibit P1 TRUE PHOTOCOPY OF THE G.O.(MS)NO.100/ 2008/H&FWD DATED 07.04.2008 Exhibit P2 TRUE PHOTOCOPY OF THE G.O.(MS)NO.
162/2010/H&FWD DATED 28.04.2010.
Exhibit P3 TRUE PHOTOCOPY OF THE G.O.(MS)NO.
14/2013/H&FWD DATED 22.01.2013. OP(KAT) Nos.480/2023, 481/2023, 503/2023, 547/2023 & 562/2023 30 2024:KER:75143 Exhibit P4 TRUE PHOTOCOPY OF THE INTERVIEW INTIMATION DATED 22.06.2022 ISSUED TO THE PETITIONER BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION Exhibit P5 TRUE COPY OF THE O.A.(EKM)NO. 933 OF 2021 FILED BY THE 1ST RESPONDENT BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM Exhibit.P6 TRUE PHOTOCOPY OF THE RELEVANT EXTRACT OF THE MINIMUM QUALIFICATION FOR TEACHERS IN MEDICAL INSTITUTIONS REGULATIONS, 1998 (AMENDED UPTO 08.06.2017).
Exhibit.P7 TRUE PHOTOCOPY OF THE RELEVANT EXTRACT OF MINIMUM QUALIFICATION FOR TEACHERS IN MEDICAL INSTITUTIONS REGULATIONS, 1998 (AMENDMENT) REGULATION, 2019 DATED 12.02.2020.
Exhibit.P8 TRUE PHOTOCOPY OF THE REPLY STATEMENT DATED 31.08.2021 FILED BY THE 2ND RESPONDENT/1ST RESPONDENT IN THE O.A. BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL.
Exhibit.P9 TRUE PHOTOCOPY OF THE STATEMENT FILED ON BEHALF OF THE 4TH RESPONDENT HEREIN/3RD RESPONDENT IN THE O.A. Exhibit.P10 TRUE PHOTOCOPY OF THE REPLY STATEMENT DATED 03.09.2023 FILED BY THE PETITIONER/5TH RESPONDENT IN THE O.A. BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL.
Exhibit.P11 TRUE COPY OF THE COMMON ORDER DATED 19.09.2023 IN O.A.(EKM)NO.933 OF 2021 AND CONNECTED CASES.
Exhibit.P12 TRUE PHOTOCOPY OF THE TEACHERS ELIGIBILITY QUALIFICATION IN MEDICAL INSTITUTIONS REGULATIONS, 2022 DATED 14.02.2022.
RESPONDENT'S EXHIBITS Exhibit R6(1) THE TRUE COPY OF THE NOTIFICATION CONTAINING THE SHORTLIST OF ELIGIBLE CANDIDATES FOR THE SELECTION TO THE POST ASSISTANT PROFESSOR IN OP(KAT) Nos.480/2023, 481/2023, 503/2023, 547/2023 & 562/2023 31 2024:KER:75143 ORTHOPAEDICS-STATE WIDE(CATEGORY NO:015/2020) DATED 28/05/2021 Exhibit R6(2) THE TRUE COPY OF THE INTERVIEW INTIMATION LETTER DATED 4/08/2021 FROM SECRETARY KERALA PUBLIC SERVICE COMMISION OP(KAT) Nos.480/2023, 481/2023, 503/2023, 547/2023 & 562/2023 32 2024:KER:75143 APPENDIX OF OP(KAT) 547/2023 PETITIONER'S ANNEXURES ANNEXURE A1 THE TRUE COPY OF THE GAZETTE NOTIFICATION DATED 31.12.2021 UNDER CATEGORY NO: 719/2021 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION ANNEXURE A2 THE TRUE COPY OF THE RANK LIST NO 872/2023/SS IV, WHICH WAS BROUGHT INTO FORCE W.E.F. 11.10.2023 PUBLISHED BY THE KERALA PUBLIC SERVICE COMMISSION UNDER CATEGORY NO 719/2021 ANNEXURE A3 THE TRUE COPY OF THE GAZETTE NOTIFICATION NO MCI 12(2)/2019-MED.MISC./189334 DATED 12.02.2020 OF GOVT. OF INDIA ANNEXURE A4 THE TRUE COPY OF THE DEGREE CERTIFICATE FOR REGISTRATION NO 192220009 DATED 31.01.2023 ISSUED BY THE KERALA UNIVERSITY OF HEALTH SCIENCE (KUHS) TO THE 1ST APPLICANT ANNEXURE A5 THE TRUE COPY OF THE EXPERIENCE CERTIFICATE NO GMCTCR/1560/2023/E4 DATED 24.07.2023 ISSUED BY THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, THRISSUR TO THE 1ST APPLICANT ANNEXURE A6 THE TRUE COPY OF THE CERTIFICATE NO 6167 DATED 25.03.2023 ISSUED BY THE COUNCIL OF MODERN MEDICINE, KERALA STATE TO THE 1ST APPLICANT ANNEXURE A7 THE TRUE COPY OF THE DEGREE CERTIFICATE FOR REGISTRATION NO 192220001 DATED 31.01.2023 ISSUED BY THE KERALA UNIVERSITY OF HEALTH SCIENCE (KUHS) TO THE 2ND APPLICANT ANNEXURE A8 THE TRUE COPY OF THE EXPERIENCE CERTIFICATE NO G3/17784(2)/2020/GMCT DATED 07.10.2023 ISSUED BY THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, THIRUVANANTHAPURAM TO THE 2ND APPLICANT ANNEXURE A9 THE TRUE COPY OF THE CERTIFICATE NO 67136 DATED 01.09.2018 ISSUED BY THE TRAVANCORE - COCHIN COUNCIL OF MODERN MEDICINE TO THE 2ND APPLICANT OP(KAT) Nos.480/2023, 481/2023, 503/2023, 547/2023 & 562/2023 33 2024:KER:75143 ANNEXURE A10 THE TRUE COPY OF THE FINAL(COMMON) ORDER DATED 19.09.2023 IN O.A.(EKM)NO 933/2021 OF THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM EXHIBIT P1 THE TRUE COPY OF THE ORIGINAL APPLICATION IN O.A.NO 1874 OF 2023 FILED BY THE PETITIONERS BEFORE THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM DATED 20.10.2023 EXHIBIT P2 THE TRUE COPY OF THE INTERIM ORDER IN O.A.NO 1874 OF 2023 PASSED BY THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL DATED 21.11.2023 RESPONDENT'S EXHIBITS Exhibit R5(a) TRUE COPY OF THE ADVICE MEMO NO R1E-1/2/2023- KPSC DATED 23.11.2023 ISSUED BY THE KPSC, THIRUVANANTHAPURAM Exhibit R5(b) A TRUE COPY OF THE INTERIM ORDER DATED 26.10.2023 IN O.P(KAT) 481/2023 RESPONDENT'S EXHIBITS EXHIBIT R7 (a) A TRUE COPY OF THE ADVICE MEMO ISSUED BY THE 1ST RESPONDENT ON 23.11.2023 EXHIBIT R7 (b) A TRUE COPY OF THE RELEVANT PORTION OF G.O. (MS) NO. 100/2008/11/FWD DATED 7.4.2008 WHICH SHOWS THAT FORENSIC MEDICINE IS A NON CLINICAL SUBJECT EXHIBIT R7 (c) A TRUE COPY OF THE FREQUENTLY ASKED QUESTIONS REGARDING ELIGIBILITY QUALIFICATION REGULATION (AS AMENDED VIDE NOTIFICATION NO. MCI-12/1-2017/MED.MISC 115698 DATED 5.6.2017 EXHIBIT R7 (d) A TRUE COPY OF THE SAID G.O.(MS) NO. 14/2013 DATED 22.1.2013 ISSUED BY THE HEALTH AND FAMILY WELFARE (S) DEPARTMENT EXHIBIT R7 (e) A TRUE COPY OF THE SAID EXPERIENCE CERTIFICATE ISSUED BY THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, MANJERI ON 16.12.2023 OP(KAT) Nos.480/2023, 481/2023, 503/2023, 547/2023 & 562/2023 34 2024:KER:75143 EXHIBIT R7 (f) A TRUE COPY OF THE NATIONAL MEDICAL COMMISSION (HTTPS://WWW.NMC.ORG.IN) INFORMATION DESK OF TEACHING FACULTY. ISSUED TO DR.PARTHASARATHY ,GOV.MEDICAL COLLEGE, MANJERI Annexure R3(b) A TRUE COPY OF RELEVANT PAGES OF TEACHERS ELIGIBILITY QUALIFICATIONS IN MEDICAL INSTITUTIONS REGULATIONS, 2022 PUBLISHED IN THE GAZETTE OF INDIA ON 14.02.2022 Annexure R3(a) A TRUE COPY OF RELEVANT PAGES OF MINIMUM QUALIFICATIONS FOR TEACHERS IN MEDICAL INSTITUTIONS (AMENDMENT) REGULATIONS, 2017 PUBLISHED IN THE GAZETTE OF INDIA ON 5.06.2017 Exhibit R8 A A TRUE COPY OF THE ADVICE MEMO DATED 23.11.2023 ISSUED BY THE 1ST RESPONDENT Exhibit R8 B A TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, KOTTAYAM DATED 16.03.2023 Exhibit R8 C A TRUE COPY OF THE POST GRADUATE DEGREE CERTIFICATE ISSUED FROM THE KERALA UNIVERSITY OF HEALTH SCIENCES DATED 29.04.2019 Exhibit R8D A TRUE COPY OF THE CERTIFICATE ISSUED SHOWING THE EXPERIENCE AS SENIOR RESIDENT DATED 16.03.2023 Exhibit R5 (c) A TRUE COPY OF THE ADVICE MEMO ISSUED TO THE ADDL. 5TH RESPONDENT Exhibit R5 (d) A TRUE COPY OF THE ADVICE MEMO ISSUED TO THE ADDL 6TH RESPONDENT Exhibit R5 (e) A TRUE COPY OF THE G.O(MS) NO. 162/2010/H AND FWD DATED 28.4.2010 Exhibit R9(c) A TRUE COPY OF THE CERTIFICATE DATED 04.04.2022 ISSUED FROM GOVERNMENT MEDICAL COLLEGE, THIRUVANANTHAPURAM SHOWING THE SENIOR RESIDENCY OF 9TH RESPONDENT. OP(KAT) Nos.480/2023, 481/2023, 503/2023, 547/2023 & 562/2023 35 2024:KER:75143 Exhibit R9(a) A TRUE COPY OF THE POST GRADUATE DEGREE CERTIFICATE (DOCTOR OF MEDICINE IN FORENSIC SCIENCE) DATED 05.10.2021 ISSUED BY THE KERALA UNIVERSITY OF HEALTH SCIENCES TO 9TH RESPONDENT .
Exhibit R9(b) A TRUE COPY OF THE CERTIFICATE DATED 10.01.2022 ISSUED FROM GOVERNMENT MEDICAL COLLEGE, THIRUVANANTHAPURAM SHOWING THE JUNIOR RESIDENCY OF 9TH RESPONDENT.
Exhibit R9(d) A TRUE COPY OF THE APPOINTMENT CHART DATED 24.11.2023 ISSUED BY THE 1ST RESPONDENT PSC FOR THE POST OF ASSISTANT PROFESSOR IN PHYSIOLOGY IN THE MEDICAL EDUCATION DEPARTMENT.
Exhibit R9(e) A TRUE COPY OF THE APPOINTMENT CHART DATED 07.10.2023 ISSUED BY THE 1ST RESPONDENT PSC FOR THE POST OF ASSISTANT PROFESSOR IN MICROBIOLOGY IN THE MEDICAL EDUCATION DEPARTMENT OP(KAT) Nos.480/2023, 481/2023, 503/2023, 547/2023 & 562/2023 36 2024:KER:75143 APPENDIX OF OP(KAT) 562/2023 PETITIONER'S ANNEXURES Annexure A1 A TRUE COPY OF THE NOTIFICATION DATED 16.10.2023 PUBLISHED BY THE 3 RD RESPONDENT - KPSC FOR RECRUITMENT TO THE POST OF ASSISTANT PROFESSOR IN RADIOTHERAPY (CATEGORY NO.346/2023).
Annexure A2 TRUE COPY OF NOTIFICATION NO.F.NO.NMC/MCI-
23(I)/2021-MED ISSUED BY NATIONAL MEDICAL COMMISSION PUBLISHING TEACHERS ELIGIBILITY QUALIFICATIONS IN MEDICAL INSTITUTIONS REGULATIONS, 2022.
Annexure A3 A TRUE COPY OF NOTIFICATION NO.MCI-
12(2)/2019-MED.MISC./189334 ISSUED BY THE ERSTWHILE MEDICAL COUNCIL OF INDIA PUBLISHING MINIMUM QUALIFICATIONS FOR TEACHERS IN MEDICAL INSTITUTIONS (AMENDMENT) REGULATIONS, 2019.
Annexure A4 A TRUE COPY OF THE RELEVANT PROVISIONS OF POST GRADUATE MEDICAL EDUCATION REGULATIONS, 2000 ISSUED BY THE ERSTWHILE MEDICAL COUNCIL OF INDIA VIA NOTIFICATION NO.MCI-18(1)/90- MED./DATED 22.08.2000. WITH MISCELLANEOUS APPLICATION Exhibit P1 TRUE COPY OF THE MEMORANDUM OF THE OA 2016 OF 2023 Exhibit P2 TRUE COPY OF M.A NO.2152/2023 IN O.A.NO.2016/2023.
Exhibit P3 TRUE COPY OF THE ORDER DATED 21.11.2023 IN O.A.2016/2023 PASSED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL.
Exhibit P4 TRUE COPY OF THE INTERIM ORDER DATED 26.10.2023 IN OP(KAT) NO. 481 OF 2023 PASSED BY THE HON'BLE HIGH COURT.
Exhibit P5 TRUE COPY OF G.O(MS)NO.162/2010/H&FWD DATED 28.04.2010.
OP(KAT) Nos.480/2023, 481/2023, 503/2023, 547/2023 & 562/2023 37 2024:KER:75143 Exhibit P6 TRUE COPY OF AMENDMENT ISSUED BY THE NATIONAL MEDICAL COMMISSION DATED 12/02/2020.
Exhibit P7 TRUE COPY OF THE TEACHERS' ELIGIBILITY QUALIFICATION IN MEDICAL INSTITUTIONS REGULATIONS, 2022 DATED 14.02.2022.