Kerala High Court
Dr.Manu N.A vs State Of Kerala on 23 September, 2016
Author: Shaji P. Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 25TH DAY OF NOVEMBER 2016/4TH AGRAHAYANA, 1938
WP(C).No. 34130 of 2016 (M)
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PETITIONER(S):
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1. DR.MANU N.A.,
S/O N.P. ANIL, NELLIPARAMBIL HOUSE,
KUTTICHIRA ROAD, KALATHODE,
OLLUKKARA P.O., THRISSUR.
2. DR. ABHISHEK NAIR,
S/O K.T.RAMACHANDRAN, KUNNATHUTHAZHETHIL HOUSE,
NHANGATTIRI PO, PATTAMABI, PALAKKAD DISTRICT.
3. DR. ARAVIND V. ASHOK,
S/O V.M.ASHOK KUMAR,
VALLABHASSERY, KARAPUZHA PO,
KOTTAYAM.686003.
BY ADVS.SRI.KALEESWARAM RAJ
KUM.A.ARUNA
RESPONDENT(S):
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1. STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF HEALTH & FAMILY WELFARE,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2. DIRECTOR OF MEDICAL EDUCATION,
THIRUVANANTHAPURAM-695001.
3. THE PRINCIPAL
GOVERNMENT MEDICAL COLLEGE,
ERNAKULAM.
R1 TO R3 BY GOVERNMENT PLEADER SMT.K.P.DEEPA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25-11-2016, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
bp
WP(C).No. 34130 of 2016 (M)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1: TRUE COPY OF THE RELEVANT PAGE OF THE MEDICAL
COUNCIL OF INDIA POSTGRADUATE MEDICAL
EDUCATION REGULATIONS, 2000.
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 23.9.2016.
RESPONDENT(S)' EXHIBITS :
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EXT.R3(a): COPY OF THE APPOINTMENT ORDER DT 25/10/2016.
EXT.R3(b): COPY OF THE PROPOSAL SENT TO THE GOVERNMENT.
//TRUE COPY//
P.A. TO JUDGE
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SHAJI P. CHALY, J.
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W.P.(C). No. 34130 of 2016
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Dated this the 25th day of November, 2016
JUDGMENT
Petitioners are post graduate students. They are pursuing MD Phychiatry in the Government Medical College, Ernakulam. The 1st petitioner is a third year student. He joined in the year 2014. Second petitioner is a second year student, joined the course in 2015 and 3rd petitioner is a 1st year student, joined the course in 2016. They are aggrieved by the non-appointment of Post Graduate teachers in the Department of Psychiatry of the Government Medical College, Ernakulam. The final year students are to submit their thesis by the end of November, 2016. The 1st year students will have to submit their synopsis of thesis also. However, none of these can be done without the guidance of Post Graduate teachers. The examination of 3rd year student will commence in May, 2017. But if there is no adequate number of faculty to teach and guide the students, it will cause serious prejudice to them. It is in this background seeking appropriate direction this writ petition is filed.
W.P.(C). No.34130 of 2016 2
2. Third respondent has filed a statement admitting the claims raised by the petitioners. In paragraph 2 of the statement, it is stated that now there is no sanctioned post of Professor in the college and 3rd respondent has already sent proposals to the 1st respondent through 2nd respondent for creation of necessary posts in the department of Psychiatry in the Government Medical College, Ernakulam. One Professor, who was there in Psychiatry Department appointed by the CAPE on contract basis left the department on 30.9.2016 by giving one months' notice. Vacancy reported by the 2nd respondent in respect of a post of Associate Professor, one Dr.Vidhukumar. K. is already appointed by the Government and he is expected to join the department on 23.11.2016, evident from Annexure R3(a). Since he is a fresh promotee to the post, he can accommodate only one student. If the appointee is having 4 years experience, 2 persons can be accommodated by him. It is also stated that, there is a post of Assistant Professor having 6 years teaching experience in the Psychiatry Department in Government Medical College, W.P.(C). No.34130 of 2016 3 Ernakulam, however, he will be able to accommodate one PG student after acquiring 8 years of teaching experience, so as of now he can only be a tutor in the Psychiatry Department. Proposal for creation of post of full time professor was already forwarded as per Annexure R3(b), which is pending consideration before the Government. These are the background facts under which, the writ petition has come up for hearing before this court.
3. Heard learned counsel for petitioners, learned Senior Government Pleader and perused the documents on record and the pleadings put forth by the respective parties.
4. The predominant contention advanced by learned counsel for petitioners is that unless and until the thesis is submitted, they will be not in a position to take part in the examination held in May, 2017. This is a subject matter to be seriously considered by the State Government and all concerned, failing which, the students will be put to irreparable loss and injuries. Any how the contentions put forth by the petitioners are well supported by the statement W.P.(C). No.34130 of 2016 4 filed by the 3rd respondent to the effect that, there are no sufficient professors and other officials, so as to accommodate the PG students in accordance with the provisions of the MCI Act and regulations. This is also a matter of serious concern because otherwise the students will face innumerable difficulties and losses in their entire professional career. I also find that, Annexure R3(b) is the recommendation made by the 3rd respondent to the Government to create sufficient posts in the Medical College in question. The same has not been looked into by the Government with the required seriousness, is also a subject matter to be taken note of with anxiety and alertness. Taking into account the totality of circumstances, I am of the considered opinion, the Government is to be issued with necessary direction to comply with the request made as per Annexure R3(b) within a time frame.
5. Therefore, there will be a direction to the 1st respondent to take note of all these aspects and do the necessary at the earliest to comply with Annexure R3(b) request made by the 3rd respondent. At any rate a decision W.P.(C). No.34130 of 2016 5 shall finally be taken within 45 days from the date of receipt of a copy of this judgment. Be that as it may, if the petitioners make applications before the 1st respondent seeking transfer of students to any nearby Medical Colleges in order to submit the thesis, the same shall be considered by the Government with all seriousness taking note of the fact that the final PG students will have to submit their thesis on or before 30.11.2016. The said directions will apply to the students of 1st and 2nd year student also in the matter of submitting their synopsis of thesis.
Writ petition is disposed of and the directions shall be complied with.
Sd/-
SHAJI P. CHALY JUDGE smv 25.11.2016