Kerala High Court
Dr. Jithendra Nath.P vs State Of Kerala on 7 October, 2000
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
MONDAY, THE 26TH DAY OF NOVEMBER 2012/5TH AGRAHAYANA 1934
WP(C).No. 24724 of 2011 (M)
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PETITIONER(S):
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DR. JITHENDRA NATH.P., S/O. P.K.NAIR,
AGED 47 YEARS, RESIDING AT GREEN LAWNS, THALAP,
KANNUR.
BY ADV. SRI.B.N.SHIVSANKAR
RESPONDENT(S):
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1. STATE OF KERALA, REPRESENTED BY ITS
SECRETARY, HEALTH FAMILY WELFARE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1.
2. DIRECTOR OF MEDICAL EDUCATION,
DIRECTORATE OF MEDICAL EDUCATION,
THIRUVANANTHAPURAM-1.
3. THE PRINCIPAL, MEDICAL COLLEGE,
KOZHIKODE-673 001.
4. MEDICAL COUNCIL OF INDIA,
REPRESENTED BY ITS SECRETARY, POCKET-14, SECTOR 8,
DWARAKA, NEW DELHI-110 001.
5. KERALA UNIVERSITY OF HEALTH SCIENCES,
REPRESENTED BY ITS REGISTRAR, THRISSUR-680 001.
6. THE PRINCIPAL,MEDICAL COLLEGE,THRISSUR,PIN-680 001.
BY GOVERNMENT PLEADER SRI.JOSEPH GEORGE
R4 BY ADV. SRI.ALEXANDER THOMAS, SC, MCI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 26-11-2012, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
sts
WP(C)NO.24724/2011
APPENDIX
PETITIONER'S EXHIBITS:
P1 COPY OF THE GUIDELINES ISSUED BY THE MEDICAL COUNCIL OF INDIA'S POST
GRADUATES MEDICAL EDUCATION REGULATION,2000 PUBLISHED IN PART III
SECTION 4 OF GAZETTE OF INDIA DATED 7/10/2000
P2 COPY OF THE PROSPECTUS
P3 COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT
RESPONDENT'S EXHIBITS: NIL
/TRUE COPY/
P.A.TO.JUDGE
sts
T.R.RAMACHANDRAN NAIR, J.
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W.P.(C).No. 24724 of 2012
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DATED THIS THE 26th DAY OF NOVEMBER, 2012
JUDGMENT
The writ petition is filed by the petitioner who is a student of Super Speciality Course, aggrieved by the direction issued by the Government in temporarily posting the petitioner and similarly placed doctors to Medical College, Thrissur.
2. Shortly stated, the facts are the following: The petitioner is a student undergoing Post Graduate Course in Neuro Medicine at Medical College, Kozhikode. Ext.P1 is the relevant portions of the regulations issued by the Medical Council of India, viz. Post Graduates Medical Education Regulation, 2000 as per which there are only 3 institutions recognised for imparting super speciality courses leading to degree of Doctor of Medicine, viz. Kozhikode, Thiruvananthapuram and Kottayam Medical Colleges. The petitioner got admission for undergoing training in the Super Speciality DM Neurology at Medical College, Kozhikode where there was only one seat. Ext.P2 is the copy of the prospectus.
3. The petitioner is doing his 2nd year of the three year course. It is averred in the writ petition that as per Exts.P1 and P2, the petitioner cannot W.P.(C).No.24724/11 -2- be transferred to any other institution or college more so to an institution or college which is not recognised by the fourth respondent for imparting training in super speciality courses.
4. Ext.P3 is the order impugned, wherein it is mentioned that the petitioner along with others, is temporarily posted to Medical College, Thrissur for three months on rotation basis. The petitioners points out that there is clear prohibition against it under the relevant clauses in the Post Graduate Medical Regulations 2000. It is also pointed out that Thrissur Medical College is not a recognised institution for Post Graduate Super Speciality Courses and the said College has no infrastructural facilities or faculty as prescribed by the Medical Council of India. Thus, it is pointed out that the petitioner has been posted in an unrecognised and unauthorised centre which is not included in the prospectus for the year 2010. The petitioner is relying upon clauses 10 and 11 of Ext.P1 Regulations.
5. This Court has disposed of W.P.(C) No.24138/2011 and connected cases by judgment dated 20/11/2012 wherein the petitioners are similarly placed as that of the petitioner herein. In the above cases, the Medical Council of India and the Director of Medical Education have filed counter W.P.(C).No.24724/11 -3- affidavits. In the counter affidavit filed by the Medical Council of India, the stand taken was that the order issued by the Government clearly violates the Regulations which have statutory force in the light of various decisions of the Apex Court. It is pointed out therein that the Regulations are framed by the Medical Council of India under Section 33 of the Act with the prior approval of the Central Government. It is further stated therein that in the light of the decisions of the Apex Court in MCI v. State of Karnataka [(1998) 6 SCC 131] and Dr. Preeti Srivastava v. State of M.P. and others [(1999) 7 SCC 120], they are statutory in character.
6. In the counter affidavit filed by the Director of Medical Education in W.P.(C) No.24705/2011 which is also one of the connected cases, justification is sought on the plea that the overcrowding of patients and lack of doctors at the Medical Colleges at Alappuzha and Thrissur prompted the said authority to take a decision to post doctors who are undergoing Post Graduate Super Speciality Courses at Medical College, Thiruvananthapuram to Medical College, Alappuzha and from Medical College, Kozhikode to Medical College, Thrissur for undergoing clinical training for three months with a view to enhance their experience and academic value and that too on a rotation basis. The contention therein was W.P.(C).No.24724/11 -4- that the same does not violate any of the prescribed norms of the Medical Council of India. It was also stated in para 5 that they are also not posted permanently in a particular station and are transferred to other Medical Colleges where no Post Graduate Super Speciality courses are started and by such deployment they will get better exposure to hands-on training.
7. It is clear that the matter is governed by the relevant clauses of the Post Graduate Medical Education Regulations 2000. In the light of the prohibitory clause contained in clause 10 that "under no circumstances, Migration/transfer of student undergoing any Post Graduate Degree/Diploma/Super Speciality course shall be permitted by any University/Authority," the impugned orders cannot be supported. As rightly pointed out by the Medical Council of India in their counter affidavit, these regulations are statutory in nature which cannot be violated under any circumstances. In the light of clause 13.2 all the candidates joining the Post Graduate training programme shall work as full time residents during the period of training. Therefore, read with the relevant clauses in Section 10 that students undergoing Post Graduate Training course shall not be transferred, the idea is very clear that they will have to be continued in the College which they have been allotted. Apart from that, what is shown as W.P.(C).No.24724/11 -5- a reason is by way of temporary posting for a period of three months, that too on rotation basis which has no statutory support from the Regulations Ext.P1. For the sole reason, the said orders cannot be supported.
8. The interim order passed by this Court has been in force and therefore the impugned order has not been implemented also.
In the light of the above, the writ petition is allowed quashing the impugned order, viz. Ext.P3. No costs.
(T.R.RAMACHANDRAN NAIR, JUDGE) kav/