Kerala High Court
Dr. Teenu Philip vs State Of Kerala on 27 March, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:26110
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947
WP(C) NO. 11424 OF 2025
PETITIONERS:
1 DR. TEENU PHILIP
AGED 31 YEARS
D/O MR. PHILIP DAVID
KANJIRATHUMMOOTTIL (H),
POTHENPURAM P.O., PAMPADY,
KOTTAYAM DISTRICT, KERALA
WORKING AS SENIOR RESIDENT
DEPARTMENT OF ORAL AND MAXILLOFACIAL SURGERY
GOVT. DENTAL COLLEGE, KOTTAYAM, PIN - 686502
2 DR. SONIA P.J.
AGED 31 YEARS
D/O MR.JOSEPH JOHN,
PATTARUPARAMPIL (H), CHEERANCHIRA P.O.,
CHANGANACHERRY, KOTTAYAM
WORKING AS SENIOR RESIDENT,
DEPARTMENT OF PERIODONTICS
GOVT. DENTAL COLLEGE, KOTTAYAM, PIN - 686106
3 DR.KAVYA CHANDRA
AGED 33 YEARS
D/O P.S CHANDRADAS SREYAS,
ELANJIMEL P.O., CHENGANNUR, ALAPPUZHA
WORKING AS SENIOR RESIDENT
DEPARTMENT OF ORAL AND MAXILLOFACIAL SURGERY
GOVT. DENTAL COLLEGE, KOTTAYAM, PIN - 689511
BY ADVS.
GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
MANU SRINATH
LIJO JOHN THAMPY
NIVEDITA MUCHILOTE
RIYAS M.B.
2025:KER:26110
W.P.(C) No.11424/2025
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RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF MEDICAL EDUCATION
DIRECTORATE OF MEDICAL EDUCATION,
MEDICAL COLLEGE, KUMARAPURAM ROAD,
CHALAKKUZHI, THIRUVANANTHAPURAM,
KERALA, PIN - 695011
3 GOVERNMENT DENTAL COLLEGE, KOTTAYAM
GANDHINAGAR P.O., KOTTAYAM, KERALA,
REPRESENTED BY ITS PRINCIPAL, PIN - 686008
4 GOVERNMENT DENTAL COLLEGE,
THIRUVANANTHAPURAM
MEDICAL COLLEGE ROAD, CHALAKKUZHI,
THIRUVANANTHAPURAM, KERALA,
REPRESENTED BY ITS PRINCIPAL, PIN - 695011
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
SRI.P.G.PRAMOD, GOVERNMENT PLEADER(GP-50)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.03.2025, THE COURT ON 27.03.2025
DELIVERED THE FOLLOWING:
2025:KER:26110
W.P.(C) No.11424/2025
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N. NAGARESH, J.
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W.P.(C) No.11424 of 2025
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Dated this the 27th day of March, 2025
JUDGMENT
~~~~~~~~~ The petitioners, who are Senior Residents at Government Dental College, Kottayam, are aggrieved by the order transferring them to the Government Dental College, Thiruvananthapuram.
2. The petitioners state that they are BDS Graduates who joined Master of Dental Surgery (MDS) Course in the year 2020 in the Government Dental College, Kottayam. After the completion of the three year Post Graduate Course, they have to undertake one year Senior Residency in order to complete the Post Graduation. The petitioners submit that the requirement of Senior Residency is not statutory in nature. It 2025:KER:26110 W.P.(C) No.11424/2025 :4: is only an obligation imposed in the Prospectus.
3. In view of the Prospectus for admission to MDS, the petitioners executed compulsory bonds with the 3 rd respondent-Government Dental College, Kottayam. The 2nd respondent-DME issued proceedings dated 25.11.2023 temporarily appointing petitioners 2 and 3 as Senior Residents at Government Dental College, Kottayam. Later, the 1 st petitioner was also appointed as Senior Resident in the College.
4. The petitioners were appointed as Senior Residents in Government Dental College, Kottayam for a period of one year in the months of January and February, 2025. The 1st respondent suprisingly passed Ext.P7 order dated 03.03.2025 whereby the petitioners were shifted from the 3rd respondent-Government Dental College, Kottayam to the 4th respondent - Government Dental College, Thiruvananthapuram. Ext.P7 stated that the shifting is for administrative requirements. By Ext.P8 order dated 2025:KER:26110 W.P.(C) No.11424/2025 :5: 10.03.2025, the petitioners were shifted and transferred to Thiruvananthapuram. The petitioners state that they have waited for more than one and half years for a vacancy of Senior Residency in Government Dental College, Kottayam. They are facing difficulty due to the transfer order. The 2 nd respondent-DME does not have power to transfer Senior Residents. There is lack of jurisdiction and authority for respondents 1 and 2 to transfer Senior Residents from the institution of their appointment.
5. The 1st petitioner is mother of a three year old son and care giver to her 95 year old grandmother. Her mother-in-law is sick. She is facing immense personal and familial difficulties due to the shifting. The 2nd petitioner suffered a traumatic personal loss when she underwent a pre- term delivery, which rendered her emotionally and physically vulnerable. The 3rd petitioner is the sole care giver for her mother-in-law, who is a cancer patient. Transfer to Thiruvananthapuram would disrupt her family life. Ext.P8 2025:KER:26110 W.P.(C) No.11424/2025 :6: order transferring the petitioners to Thiruvananthapuram is liable to be quashed, urged the petitioners.
6. The 2nd respondent-DME resisted the writ petition filing counter affidavit. The 2nd respondent submitted that for the past few years, the Senior Residents could not be posted based on the institution of study or according to the options of the Doctors. The Senior Resident posts in institutions were pre-decided without specifying specialities. Due to this, in PG institutions such as Kozhikode, Thiruvananthapuram and Kottayam Dental Colleges, there was a situation where 3 and 4 Senior Residents worked together in some Departments when only one Senior Resident is required at a time. There was not even one Senior Resident in the Departments of Prosthodontics, Conservative Dentistry and Oral Surgery, which have a large number of patients.
7. At the same time, there has been a situation where Doctors, who were posted to do Senior Residency in Thrissur and Alappuzha Dental Colleges, which do not have a 2025:KER:26110 W.P.(C) No.11424/2025 :7: PG Department, were reluctant to work in other institutions. This in effect led to a situation where the purpose of appointing Senior Residents itself was defeated. Institutions were unable to meet the number of Assistant Professors as per the requirements of Dental Council of India. There were instances of DCI/KUHS imposing huge fine for not meeting the requirements relating to the number of Assistant Professors. In respect of many Dental Colleges, the staff pattern as per the extant Regulations issued by the Dental Council of India were not met. The dearth in the number of faculties is often detrimental to the public interest as affected the functioning of tertiary dental healthcare institutions. The number of Senior Resident posts is therefore increased with different distribution in each specialty. The Senior Residents are shown as Assistant Professors during inspections to meet the requirement of staff pattern of DCI. The lack of interest shown by the residents to do Senior Residentship at Government Dental College, Thrissur and Alappuzha were creating 2025:KER:26110 W.P.(C) No.11424/2025 :8: hardship to these institutions.
8. As Doctors were waiting to get the posting according to their choices, many of the fresh Doctors, who passed out, had to wait without getting a posting due the huge backlog waiting list. In the above compelling circumstances, an initiative was taken to redistribute the posts of Seniors Residents and approval was obtained for allocating the posts of Senior Residents departmentwise so that there will be at least one Senior Resident in each specialty at any given point of time. This redistribution enabled the Postgraduate Institutions like Government Dental College, Thiruvananthapuram, Government Dental College, Kozhikode and Government Dental College, Kottayam to attain equal number of Senior Resident posts in all the specialities.
9. The surplus posts of Senior Residents at Government Dental College, Kottayam has been decided to be shifted to the Government Dental College, Thiruvananthapuram for the above mentioned purpose. This 2025:KER:26110 W.P.(C) No.11424/2025 :9: is not a case of transfer of employees as contended by the petitioners. By Ext.P7 Government Order, the posts in which the petitioners were working were shifted to Thiruvananthapuram. There is no post of Senior Residents at Kottayam now to retain the petitioners. Since the remuneration for the Senior Residents is disbursed as per the posts, the petitioners as long as they continue to be Senior Residents will have to work in the posts in which they are allotted. The petitioners cannot claim posting at Kottayam as a matter of right. The present rearrangement is in public interest.
10. I have heard the learned counsel for the petitioners and the learned Special Government Pleader representing the respondents.
11. The contention of the petitioners is that they are appointed as Senior Residents not due to statutory compulsion but only in view of the obligation imposed as per the Prospectus. Ext.P1 order dated 13.01.2009 issued by the 2025:KER:26110 W.P.(C) No.11424/2025 : 10 : Health and Family Welfare Department on implication of residency program in Government Medical Colleges provides that Resident Doctor will be a temporary employee of the institution. According to the petitioners, it is the Principal of the College with whom the petitioners have executed bond. The 2nd respondent cannot transfer the petitioners. The Senior Residency Program is a continuation of the Postgraduate Course and therefore the petitioners have a right to do Residency in the same institution where they pursued their Postgraduate studies.
12. The petitioners would contend that they got appointment as Senior Residents in their respective Departments at the 3rd respondent-Institution after waiting for over one and half years. Ext.P8 transfer order amounts to colourful exercise of power.
13. It may be noted that the orders to transfer the petitioners is consequent to a decision taken by the Government to shift the three posts of Resident Doctors to the 2025:KER:26110 W.P.(C) No.11424/2025 : 11 : Government Dental College, Thiruvananthapuram. In respect of many Dental Colleges, the staff pattern as per the extant Regulations issued by the Dental Council of India were not met. The shortage in the number of faculties is adversely affecting the functioning of tertiary dental healthcare institutions. The decision to shift the posts of Residents was taken in public interest.
14. The Government noted that as the Doctors who got appointment were waiting to get posting according to their choice, many of the Doctors who passed out subsequently are waiting without getting a posting, due to the huge backlog waiting list. Taking into consideration the requirements in various Dental Colleges, it was decided to shift surplus posts of Senior Residents at Government Dental College, Kottayam to Government Dental College, Thiruvananthapuram. This is not a case of transfer of Senior Residents. What has been done is shifting of posts. As the three posts of Senior Residents have been shifted and 2025:KER:26110 W.P.(C) No.11424/2025 : 12 : reallocated to the Government Dental College, Thiruvananthapuram, there are no posts of Senior Resident at Kottayam to retain the petitioners. In the circumstances, the petitioners have to reallocate to Thiruvananthapuram if they want to complete the Senior Residency Program. Postgraduate Medical Senior Residency Program is a service cum training program. They are the first level managers of speciality departments. The program is designed to improve individual patient care.
15. Ext.P2 Government Order dated 16.12.2009 has made it amply clear that a Resident Doctor will be a temporary employee of the institution. Ext.P3 bond executed by the petitioners would show that though the bond is signed by the Principal of the Dental College, the bond is pursuant to a selection to undergo the course of study in a Government Dental College and it is the Government who will give the monthly stipend to the Senior Residents. Ext.P3 would also show that it is the Secretary to Government of Kerala, Health 2025:KER:26110 W.P.(C) No.11424/2025 : 13 : and Family Welfare Department who is competent to take decision in the event the petitioners do not confirm or observe the rules and conditions regarding the progress of study, discontinuance of course etc. Therefore, it is evident that the bond has been executed at the instance of the Government.
16. The Government has a right to shift the posts of Senior Residents for administrative reasons and in public interest. The petitioners do not have a legal right to complete their Senior Residency in full in a hospital desired by them.
The writ petition is therefore without any merit. The writ petition is hence dismissed. The petitioners are directed to join duty at Government Dental College, Thiruvananthapuram within a period of two weeks.
Sd/-
N. NAGARESH, JUDGE aks/26.03.2025 2025:KER:26110 W.P.(C) No.11424/2025 : 14 : APPENDIX OF WP(C) 11424/2025 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF GOVERNMENT ORDER G.O. (MS) NO. 20/09/H&FWD DATED 13.01.2009 ISSUED BY THE 1ST RESPONDENT ALONG WITH THE APPENDED RESIDENCY PROGRAM MANUAL Exhibit P2 A TRUE COPY OF GOVERNMENT ORDER G.O. (MS) NO.429/2009/H&FWD DATED 16.12.2009, ISSUED BY THE 1ST RESPONDENT Exhibit P3 A TRUE COPY OF THE COMPULSORY BOND DATED 04.08.2020 EXECUTED BETWEEN THE 1ST PETITIONER AND THE 3RD RESPONDENT Exhibit P4 A TRUE COPY OF ORDER NO.
B9/6464/2023/DME DATED 25.11.2023
ISSUED BY THE 2ND RESPONDENT DME
Exhibit P5 A TRUE COPY OF LETTER NO.
DME/2823/2024/B9 DATED 30.08.2024
ISSUED BY THE 2ND RESPONDENT DME, TO
THE 3RD RESPONDENT
Exhibit P6 A TRUE COPY OF ORDER NO. E-4/2024/DCK,
DATED 16.01.2025, ISSUED BY THE 3RD
RESPONDENT FOR THE 1ST PETITIONER
Exhibit P6(a) A TRUE COPY OF ORDER NO. E/2023/DCK,
DATED 20-02-2025, ISSUED BY THE 3RD
RESPONDENT FOR THE 2ND PETITIONER
Exhibit P6(b) A TRUE COPY OF ORDER NO. E-4/2024/DCK
DATED 15-01-2025, ISSUED BY THE 3RD
RESPONDENT FOR THE 3RD PETITIONER
Exhibit P7 A TRUE COPY OF GOVERNMENT ORDER G.O.
(MS) NO. 76/2025/H&FWD, DATED
03.03.2025, ISSUED BY THE 1ST
RESPONDENT
2025:KER:26110
W.P.(C) No.11424/2025
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Exhibit P8 A TRUE COPY OF PROCEEDINGS NO.
DME/1556/2025/B9 DATED 10.03.2025,
ISSUED BY THE 2ND RESPONDENT-DME
RESPONDENT'S EXHIBITS
EXHIBIT R2(a) TRUE COPY OF THE RELEVANT PORTION OF
THE PROSPECTUS ISSUED BY THE GOVERNMENT FOR ADMISSION TO POST GRADUATE DENTAL COURSES 2020