Kerala High Court
Dr. Arun V A vs State Of Kerala on 22 April, 2022
Author: N. Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 22ND DAY OF APRIL 2022 / 2ND VAISAKHA, 1944
WP(C) NO. 2043 OF 2022
PETITIONERS:
1 DR.ANIKUTTAN W.H
AGED 33 YEARS
XS/O. WILSON S, KOVILUVILA VEEDU, PULLAMALA
LANE, AMARAVILA P.O, THIRUVANANTHAPURAM 695 122
2 DR. KIRAN KUMAR
AGED 34 YEARS
S/O. KUMARAN K, AISWARYA, CHERUTHARA,
PUDHIYAKAM P.O, PALAKKAD 678 545
BY ADVS.
GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
A.R.DILEEP
P.J.JOE PAUL
MANU SRINATH
RAJAN G. GEORGE
NIMESH THOMAS
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVERNMENT SECRETARIAT, TRIVANDRAM 695 001
2 THE DIRECTOR OF MEDICAL EDUCATION
DIRECTORATE OF MEDICAL EDUCATION, MEDICAL
COLLEGE P.O, THIRUVANANTHAPURAM PIN 695 011,
KERALA
3 POSTGRADUATE COURSE SELECTION COMMITTEE
REPRESENTED THROUGH ITS CHAIRMAN-SECRETARY TO
GOVERNMENT, HEALTH AND FAMILY WELFARE
DEPARTMENT, GOVERNMENT SECRETARIAT,
TRIVANDRUM 695 001
4 SCHEDULED CASTES SCHEDULED TRIBES,
BACKWARD CLASSES WELFARE AND GA DEPARTMENT,
REPRESENTED THROUGH ITS PRINCIPAL SECRETARY,
GOVERNMENT SECRETARIAT, TRIVANDRUM 695 001
W.P.(C) No.2043/2022 & connected cases
:2:
5 GOVERNMENT MEDICAL COLLEGE
PALAKKAD, (ALSO KNOWN AS INSTITUTE OF
INTEGRATED MEDICAL SCIENCE, PALAKKAD)
REPRESENTED THROUGH ITS DIRECTOR, GOVERNMENT
MEDICAL COLLEGE, PALAKKAD, EAST YAKKARA,
KUNNATHURMEDU P.O, PALAKKAD 678 013
6 COMMISSIONER OF ENTRANCE EXAMINATIONS,
HOUSING BOARD BUILDINGS, SANTHI NAGAR,
TRIVANDRUM 695 001
7 NATIONAL MEDICAL COMMISSION
REPRESENTED BY ITS SECRETARY, POCKET-14,
SECTOR-8, DWARAKA PHASE 1, NEW DELHI 110 077
8 POST GRADUATE MEDICAL EDUCATION BOARD OF
NATIONAL MEDICAL COMMISSION
REPRESENTED BY ITS PRESIDENT, POCKET-14, SECTOR
8, DWARAKA PHASE 1, NEW DELHI 110 077
9 UNION OF INDIA
REPRESENTED BY ITS DIRECTOR GENERAL OF HEALTH
SERVICES, THE DIRECTORATE GENERAL OF HEALTH
SERVICES (DGHS) ROOM NO. 446-A, NIRMAN BHAVAN,
RAJPATH AREA, CENTRAL SECRETARIAT, NEW DELHI
DELHI 110 001
10 DR.FIROS AHAMMED.A
AGED 33 YEARS
S/O. M. ABDUL SALIM, JUNIOR RESIDENT/ LECTURER,
DEPARTMENT OF GENERAL SURGERY,
GOVERNMENT MEDICAL COLLEGE, KALAMASSERY,
HMT COLONY, KOCHI 683 503, RESIDING AT SAMEER
MANZIL, P.V. NORTH, THAZHAVA P.O,
KARUNAGAPPALLY,
KOLLAM DISTRICT, PIN 690 523.
(ADDL.R10 IS IMPLEADED AS PER ORDER DT
22.04.2022 IN IA.3/2022 IN WPC.2403/2022)
BY ADVS.
SRI.JAISHANKAR V.NAIR, CGC
N.N.SUGUNAPALAN (SR.)
SRI.T.B.HOOD, GOVERNMENT PLEADER
S.SUJIN
ABDUL SALIM M.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.04.2022, ALONG WITH WP(C).2209/2022,
2244/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.2043/2022 & connected cases
:3:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 22ND DAY OF APRIL 2022 / 2ND VAISAKHA, 1944
WP(C) NO. 2209 OF 2022
PETITIONER:
DR.NANDAKUMAR.R.,
AGED 33 YEARS
S/O.C.RAJAN, "11/265", NANDANAM,
VELLOLI 1 ST LANE, PUTHUR, PIN-678 001, KERALA.
BY ADVS.
GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
A.R.DILEEP
MANU SRINATH
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001.
2 THE DIRECTOR OF MEDICAL EDUCAITON,
DIRECTORATE OF MEDICAL EDUCATION, MEDICAL
COLLEGE P.O., THIRUVANANTHAURAM, PIN-695 011,
KERALA.,
3 POSTGRADUATE COURSE SELECTION COMMITTEE,
REPRESENTED THROUGH ITS CHAIRMAN -SECRETARY TO
GOVERNMENT, HEALTH AND FAMILY WELFARE
DEPARTMENT, GOVERNMENT SECRETARIAT,
TRIVANDRUM-695 001.
4 SCHEDULED CASTES, SCHEDULED TRIBES, BACKWARD
CLASSES SELFARE AND GA DEPARTMENT,
REPRESENTED THROUGH ITS PRINCIPAL SECRETARY,
GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001.
W.P.(C) No.2043/2022 & connected cases
:4:
5 GOVERNMENT MEDICAL COLLEGE, PALAKAKD,
(ALSO KNOWN AS INSTITUTE OF INTEGRATED MEDICAL
SCIENCE, PALAKKAD), REPRESENTED THROUGH ITS
DIRECTOR, GOVERNMENT MEDICAL COLLEGE, PALAKAKD,
EAST YAKAKRA, KUNNATHURMEDU P.O.,
PALAKKAD-678 013.
6 COMMISSIONER OF ENTRANCE EXAMINATIONS,
HOUSING BOARD BUILDINGS, SANTHI NAGAR,
TRIVANDRUM-695 001.
7 NATIONAL MEDICAL COMMISSION,
REPRESENTED BY ITS SECRETARY, POCKET 14, SECTOR
8,M DWARAKA PHASE 1, NEW DELHI-110 077.
8 POST GRADUATE MEDICAL EDUCATION BOARD OF
NATIONAL MEDICAL COMMISSION,
REPRESENTED BY ITS PRESIDENT, POCKET 14, SECTOR
8, DWARKA PHASE1, NEW DELHI-110 077.
9 UNION OF INDIA,
REPRESENTED BY ITS DIRECTOR GENERAL OF HEALTH
SERVICES, THE DIRECTORATE GENERAL OF HEALTH
SERVICES (DGHS), ROOM NO.446-A NIRMAN BHAWAN,
RAJPATH AREA, CENTRAL SECRETARIAT, NEW DELHI,
DELHI-110 001.
10 DR.SHABEENA BASHEER,
AGED 36 YEARS
W/O.MUHAMMED THAHIR, R/O.NASEENA MANZIL,
THANKAYA, TRIKARIPUR, KASARGOD-671 310.
11 DR. GREESHMA SUMANASAN
AGED 34 YEARS
D/O.SUMANASAN, R/O.VILAYIL VEEDU, PANAYARA P.O,
CHEMMANUTHY, PANAYARA,
THIRUVANANTHAPURAM-695 145.
12 DR.SREEJA G,
AGED 40 YEARS
W/O.DEEPAK K.A, KANJIRAMKUZHIYIL, CHOTTANIKKARA
P.O, KANAYANNOOR, ERNAKULAM-682 312.
13 DR.MANOJ ANTHONY,
AGED 36 YEARS
S/O.ANTHONY P.J, R/O. DEEPAM (PARAYANKAL),
AISWARYA LANE, THRIKAKKARA P.O, KOCHI-682 021.
(ADDL R10 TO R13 ARE IMPLEADED AS PER ORDER
DATED 11-02-2022 IN IA 1/2022 IN
WP(C)2209/2022.
W.P.(C) No.2043/2022 & connected cases
:5:
14 DR.SWAVAB.P.
AGED 36 YEARS
S/O ABOOBACKER P, R/O PANTHAKKAL HOUSE,
TANUR P.O., MALAPPURAM, KERALA-676302
15 DR.SHABNA.M.A.
AGED 35 YEARS
D/O MOHAMMED EBRAHIM V S, R/O BEEPAS, OPPOSITE
COURT, PARAPPANANGADI P.O., MALAPPURAM
DISTRICT-676 303
16 DR.ABOOBACKER
AGED 34 YEARS
S/O MOHMAED KUTTY, R/O MADANPATT HOUSE, KALAD,
NIRAMARUTHOOR P.O., MALAPPURAM-676 109
17 DR.AFSAL ASSIS
AGED 35 YEARS
S/O T K ASSIS, R/O ANCHANATTU, ATTIKKAL,
PONKUNNAM P.O., KOTTAYAM-686 506
18 DR.BIPIN.B.PALLATH
AGED 38 YEARS
S/O BHARADWAJ PALLATH, R/O LAL BAAG, CHEMMAD,
TIRURANGADI, MALAPPURAM-676 306
19 DR.ARJUN.A.
AGED 32 YEARS
S/O ARAVINDAKSHAN K, R/O VIGHNESWARAM,
CHERUMKODE, TATTAMANGALAM P.O.,
PALAKKAD-678 102
(ADDL. R14 TO R19 ARE IMPLEADED AS PER ORDER
DATED 21-02-2022 IN IA 2/2022 IN WP(C)
2209/2022)
20 DR.FIROS AHAMMED.A
AGED 33 YEARS
S/O. M. ABDUL SALIM, JUNIOR RESIDENT/ LECTURER,
DEPARTMENT OF GENERAL SURGERY,
GOVERNMENT MEDICAL COLLEGE, KALAMASSERY,
HMT COLONY, KOCHI 683 503, RESIDING AT SAMEER
MANZIL, P.V. NORTH, THAZHAVA P.O,
KARUNAGAPPALLY,
KOLLAM DISTRICT, PIN 690 523.
(ADDL.R20 IS IMPLEADED AS PER ORDER DT
22.04.2022 IN IA.3/2022 IN WPC.2209/2022)
W.P.(C) No.2043/2022 & connected cases
:6:
BY ADVS.
TITUS MANI
SRI.JAISHANKAR V.NAIR, CGC
M.K.CHANDRA MOHANDAS
SRI.T.B.HOOD, GOVERNMENT PLEADER
SHAKTHI PRAKASH
PRATHEEK VISWANATHAN
HARIKRISHNAN M.S.
K.DHRUV KUMAR
S.SUJIN
ABDUL SALIM M.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.04.2022, ALONG WITH WP(C).2043/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.2043/2022 & connected cases
:7:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 22ND DAY OF APRIL 2022 / 2ND VAISAKHA, 1944
WP(C) NO. 2244 OF 2022
PETITIONERS:
1 DR.AMALKUMAR V
AGED 38 YEARS
LECTURER, DEPARTMENT OF GENERAL SURGERY,
GOVERNMENT MEDICAL COLLEGE, EAST YAKKARA,
KUNNATHURMEDU P.O.PALAKKAD-678 013.
2 DR. SARITHA K.M
LECTURER, DEPARTMENT OF GENERAL MEDICINE,
GOVERNMENT MEDICAL COLLEGE, EAST YAKKARA,
KUNNATHURMEDU P.O.PALAKKAD-678 013.
3 DR.NAYANA SUKUMAR,
LECTURER, DEPARTMENT OF GENERAL OF OBSTETRICS
AND GYNAECOLOGY, GOVERNMENT MEDICAL COLLEGE,
EAST YAKKARA, KUNNATHURMEDU P.O.
PALAKKAD-678 013.
BY ADVS.
P.NANDAKUMAR
AMRUTHA SANJEEV
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF HEALTH AND FAMILY WELFARE,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001
2 THE DIRECTOR OF MEDICAL EDUCATION,
MEDICAL COLLEGE P.O.,THIRUVANANTHAPURAM-695 011
3 THE DIRECTOR OF HEALTH SERVICES
PALAYAM-AIRPORT ROAD, NEAR GENERAL HOSPITAL
JUNCTION, THIRUVANANTHAPURAM-695 035.
4 COMMISSIONER FOR ENTRANCE EXAMINATIONS,
HOUSING BOARD BUILDINGS, SANTHI NAGAR,
THIRUVANNATHAPURAM-695 001
W.P.(C) No.2043/2022 & connected cases
:8:
5 THE DIRECTOR,
INSTITUTE OF INTERGRATED MEDICAL SCIENCES
(GOVERNMENT MEDICAL COLLEGE) EAST YAKKARA,
KUNNATHURMEDU P.O.PALAKKAD-678 013.
6 DR,AFSAL ASSIS
LECTURER AS GENERAL SURGERY, GOVERNMENT MEDICAL
COLLEGE, GANDHI NAGAR, KOTTAYAM - 686008
7 DR.GREESHMA SUMANASAN
LECTURER IN GENERAL MEDICINE, GOVERNMENT
MEDICAL COLLEGE, KALAMASSERY,
ERNAKULAM - 683503.
8 DR.MANOJ ANTONY
LECTURER IN GENERAL SURGERY, GOVERNMENT MEDICAL
COLLEGE, KALAMASSRY, ERNAKULAM - 683503.
(ADDL. R6 TO R8 ARE IMPLEADED AS PER ORDER
DATED 04.03.2022 IN IA 3/2022 IN WPC NO.
2244/2022.)
9 DR.FIROS AHAMMED.A
AGED 33 YEARS
S/O. M. ABDUL SALIM, JUNIOR RESIDENT/ LECTURER,
DEPARTMENT OF GENERAL SURGERY,
GOVERNMENT MEDICAL COLLEGE, KALAMASSERY,
HMT COLONY, KOCHI 683 503, RESIDING AT SAMEER
MANZIL, P.V. NORTH, THAZHAVA P.O,
KARUNAGAPPALLY,
KOLLAM DISTRICT, PIN 690 523.
(ADDL.R9 IS IMPLEADED AS PER ORDER DT
22.04.2022 IN IA.4/2022 IN WPC.2403/2022)
BY ADVS.
M.K.CHANDRA MOHANDAS
S.SUJIN
SRI.T.B.HOOD, GOVERNMENT PLEADER
ABDUL SALIM M.
N.N.SUGUNAPALAN (SR.)
K.SATHIYANANDAN PILLAY
SHAKTHI PRAKASH
PRATHEEK VISWANATHAN
K.DHRUV KUMAR
HARIKRISHNAN M.S.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.04.2022, ALONG WITH WP(C).2043/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.2043/2022 & connected cases
:9:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 22ND DAY OF APRIL 2022 / 2ND VAISAKHA, 1944
WP(C) NO. 2480 OF 2022
PETITIONER:
DR. ARUN V A
AGED 33 YEARS
S/O. ARAVINDAKSHAN V N, R/O VENGASSEY HOUSE NO.
38/11
PALIYEKKARA JUNCTION NEAR TOLL PLAZA,
CHITISSERY P.O, THRISSUR, PIN 680 301
PRESENTLY WORKING AS LECTURER, DEPARTMENT OF
ORTHOPAEDICS, GOVERNMENT MEDICAL COLLEGE,
PALAKKAD.
BY ADVS.
JOSE ABRAHAM
N.RAGESH
E.ADITHYAN
MURALEEDHARAN R.
MEERA RAMESH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVERNMENT SECRETARIAT, TRIVANDRUM 695 001
2 THE DIRECTOR OF MEDICAL EDUCATION
DIRECTORATE OF MEDICAL EDUCATION, MEDICAL
COLLEGE P.O, THIRUVANANTHAPURAM PIN 695 011,
KERALA
3 POSTGRADUATE COURSE SELECTION COMMITTEE
REPRESENTED THROUGH ITS CHAIRMAN-SECRETARY TO
GOVERNMENT, HEALTH AND FAMILY WELFARE
DEPARTMENT, GOVERNMENT SECRETARIAT,
TRIVANDRUM 695 001
W.P.(C) No.2043/2022 & connected cases
: 10 :
4 SCHEDULED CASTES SCHEDULED TRIBES,
BACKWARD CLASSES, WELFARE AND GA DEPARTMENT,
REPRESENTED THROUGH ITS PRINCIPAL SECRETARY,
GOVERNMENT SECRETARIAT, TRIVANDRUM 695 001
5 GOVERNMENT MEDICAL COLLEGE
PALAKKAD, ( ALSO KNOWN AS INSTITUTE OF
INTEGRATED MEDICAL SCIENCE, PALAKKAD),
REPRESENTED THROUGH ITS DIRECTOR, GOVERNMENT
MEDICAL COLLEGE, PALAKKAD, EAST YAKKARA,
KUNNATHURMEDU P.O, PALAKKAD 678 013
6 COMMISSIONER OF ENTRANCE EXAMINATIONS
FOR ENTRANCE EXAMINATIONS, HOUSING BOARD
BUILDINGS, SANTHI NAGAR, TRIVANDRUM 695 001
7 NATIONAL MEDICAL COMMISSION
REPRESENTED BY ITS SECRETARY, POCKET 14,
SECTOR, 8, DWARKA PHASE 1, NEW DELHI 110 077
8 POST GRADUATE MEDICAL EDUCATION BOARD OF
NATIONAL MEDICAL COMMISSION, REPRESENTED BY ITS
PRESIDENT, POCKET 14, SECTOR 8, DWARAKA PHASE
1, NEW DELHI 110 077
9 UNION OF INDIA
REPRESENTED BY ITS DIRECTOR GENERAL OF HEALTH
SERVICES, THE DIRECTORATE GENERAL OF HEALTH
SERVICES (DGHS) ROOM NO. 446-A NIRMAN BHAVAN,
RAIPATH AREA, CENTRAL SECRETARIAT, NEW DELHI
DELHI 110 001
BY ADVS.
MANU S., ASG OF INDIA
N.N.SUGUNAPALAN (SR.)
SRI.T.B.HOOD, GOVERNMENT PLEADER
SRI.JAISHANKAR V.NAIR, CGC
JAISHANKAR V.NAIR
TITUS MANI
S.SUJIN
ABDUL SALIM M.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.04.2022, ALONG WITH WP(C).2043/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.2043/2022 & connected cases
: 11 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 22ND DAY OF APRIL 2022 / 2ND VAISAKHA, 1944
WP(C) NO. 6451 OF 2022
PETITIONERS:
1 DR. JYOTHISH .E
AGED 33 YEARS
S/O SUBRAMANIAM, MOOTHEDATHU HOUSE, MORAYUR,
MALAPPURAM,KERALA-673642.
2 DR.NANDAKUMAR.R,
S/O.C.RAJAN, "11/265" NANDANAM, VELLOLI 1 ST
LANE, PUTHUR, PIN-678001, KERALA.
BY ADVS.
GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
A.R.DILEEP
P.J.JOE PAUL
MANU SRINATH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVERNMENT SECRETARIAT,
TRIVANDRUM-695001.
2 THE DIRECTOR OF MEDICAL EDUCATION,
DIRETORATE OF MEDICAL EDUCATION, MEDICAL
COLLEGE.P.O,
THIRUVANANTHAPURAM, PIN-695011, KERALA.
3 POSTGRADUATE COURE SELECTOIN COMMITTEE,
REPRESENTED THROUGH ITS CHAIRMAN-SECRETARY TO
GOVERNMENT,
HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVERNMENT SECRETARIAT,
TRIVANDUM-695001.
4 SCHEDULED CASTES,
SCHEDULED TRIBES, BACKWARD CLASSES WELFARE AND
GA DEPARTMENT,REPRESENTED THROUGH ITS PRINCIPAL
SECRETARY,GOVERNMENT SECRETARIAT,
TRIVANDRUM-695001.
W.P.(C) No.2043/2022 & connected cases
: 12 :
5 GOVERNMENT MEDICAL COLLEGE, PALAKKAD
(ALSO KNOWN AS INSTITUTE OF INTEGRATED MEDICAL
SCIENCE, PALAKKAD),
REPRESENTED THROUGH ITS DIRECTOR,
GOVERNMENT MEDICAL COLLEGE,
PALAKKAD, EAST YAKKARA, KUNNATHURMEDU.P.O,
EAST YAKKARA,
KUNNATHURMEDU.P.O, PALAKKAD-678013.
6 COMMISSIONER FOR ENTRANCE EXAMINATION
HOUSING BOARD BUILDINGS, SANTHI NAGAR,
TRIVANDRUM-695001.
7 NATIONAL MEDICAL COMMISSION
REPRESENTED BY ITS SECRETARY, POCKET-14,
SECTOR-8, DWARKA PHASE-1, NEW DELHI-110077.
8 NATIONAL BOARD OF EXAMINATIONS IN MEDICAL
SCIENCES (NBEMS)
MEDICAL ENCLAVE, ANSARI NAGAR, RING ROAD, NEW
DELHI-110029,
REPRESENTED BY ITS EXECUTIVE DIRECTOR.
9 UNION OF INDIA,
REPRESENTED BY ITS DIRECTOR GENERAL OF HEALTH
SERVICES,THE DIRECTORATE GENERAL OF HEALTH
SERVICES(DGHS), ROOM NO.446-A NIRMAN BHAWAN,
RAJPATH AREA, CENTRAL SECRETARIAT, NEW DELHI,
DELHI-110001.
10 DR.GREESHMA SUMANSAN,AGED 34 YEARS
D/O.SUMANASAN, RESIDENT OF VILAYIL VEEDU,
PANAYARA P.O., CHEMMANUTHY, PARAYARA P.O.,
THIRUVANANTHAPURAM 694145.
11 DR.BIPIN P. PALLATH, AGED 38 YEARS
S/O.BHARADWAJ PALLATH, RESIDENT OF LAL BAAG,
CHEMMAD, THIRURANGADI, MALAPPURAM 676 306.
BY ADVS.
SHRI.T.SANJAY, SC,
SRI.T.B.HOOD, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.04.2022, ALONG WITH WP(C).2043/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.2043/2022 & connected cases
: 13 :
N. NAGARESH, J.
`````````````````````````````````````````````````````````````
W.P.(C) Nos.2043, 2209, 2244, 2480
and 6451 of 2022
`````````````````````````````````````````````````````````````
Dated this the 22nd day of April, 2022
JUDGMENT
~~~~~~~~~ The petitioners in these writ petitions are working as Medical Officers in the Institute of Integrated Medical Sciences, Palakkad. The petitioners have approached this Court aggrieved by the provisions in the Kerala Medical Officers Admission to Post Graduate Courses under Service Quota Act, 2008, the Rules made thereunder and the Prospectus for Admission to Medical Post Graduate Degree Courses 2021-2022 whereby the petitioners are barred from consideration of Medical Officers working in the said Medical College, Palakkad towards the selection under in-service quota within the State Quota seats in Government Medical W.P.(C) No.2043/2022 & connected cases : 14 : Colleges and Institutions in Kerala.
2. The petitioners state that the Institute of Integrated Medical Sciences (IIMS), Palakkad is administered by the Scheduled Caste and Scheduled Tribe Department of Government of Kerala. The petitioners are working as Medical Officers in the College. The petitioners in W.P.(C) Nos.2043, 2209, 2244 and 2480 of 2022 appeared in the NEET PG-2021 Examination held in September, 2021 and were qualified. The petitioners in W.P.(C) No.6451/2022 aspire for admission to DNB Post MBBS Degree Course. The respondents are not considering the petitioners for admission to Medical PG Courses under the in-service quota for the reason that the Kerala Medical Officers Admission to Post Graduate Courses under Service Quota Act, 2008 (hereinafter referred to as 'the Act, 2008', for brevity) contemplates the in-service quota seats to be allotted only to Medical Officers working under Health Services Department (HSD), Medical Education Service (MES) and Insurance Medical Service (IMS).
W.P.(C) No.2043/2022 & connected cases : 15 :
3. The petitioners contend that though a Society named Institute of Integrated Medical Sciences (IIMS) is formed by the Government of Kerala for running the Medical College at Palakkad, the Society is wholly owned and controlled by the Government of Kerala. The Medical College is treated as a Government Medical College. The Medical College Hospital has been started to serve the downtrodden population in Palakkad District, mainly belonging to Tribal sects. The Medical College Hospital is a referral Hospital of other Government Tribal Hospitals in the District. The denial of admission to the petitioners in the in- service quota for Medical PG Courses, ultimately affects the Scheduled Caste / Scheduled Tribe population. The Act, 2008 and the Rules made thereunder is a classic example of 'under inclusion' as the Act does not take in Medical Officers working under IIMS.
4. The learned counsel for the petitioners in W.P.(C) No.2244/2022 pointed out that the 2 nd respondent-DME has filed a counter affidavit wherein it has been stated that the W.P.(C) No.2043/2022 & connected cases : 16 : "Government Medical College, Palakkad" is not an institution functioning under the Department of Medical Education and that the institution is functioning under the SC/ST Department. This is a clear admission that the IIMS Medical College, Palakkad is a Government Medical College.
5. The Government was considering to include the Medical College at Palakkad also within the ambit of the Act, 2008, as is evident from Ext.P14 (in W.P.(C) No.2244/2022), but surprisingly, the additional counter affidavit filed on behalf of the 1st respondent-State of Kerala states that it has decided not to consider the Medical Officers of the IIMS Medical College, Palakkad for service quota "in the current academic year".
6. The learned counsel representing the petitioners in W.P.(C) Nos.2403/2022 and 2209/2022, relying on the judgment of the Apex Court in Tamil Nadu Medical Officers Association and others v. Union of India and others [(2021) 6 SCC 568] urged that maintenance of public health is indispensable in view of Article 21 of the Constitution of W.P.(C) No.2043/2022 & connected cases : 17 : India. Right to life includes right to health. Therefore, the right to health is a fundamental right. Ext.P20 Statement of Objects and Reasons to the Act, 2008 (in W.P.(C) No.2043/2022) makes it clear that the benefit of the Act is meant for all Medical Officers under the State. The Medical Colleges under the Directorate of Medical Education are functioning in urban areas alone. Therefore, the benefit of in-service quota admission to Medical PG Courses granted to the Medical Officers under the MES will not in any manner benefit rural population of the State.
7. The counsel for the petitioners further pointed out that Medical Officers working in the IIMS Medical College are being deputed to various Tribal Hospitals for treatment of tribal population. The appointment to the Medical College, even if they are made by the Society, the Government has to regularise the appointments. This would show that the Government has deep and pervasive control over the affairs of the Medical College at Palakkad. Pointing out at Ext.R10(a) Vacancy Circular dated 13.01.2022 (in W.P.(C) W.P.(C) No.2043/2022 & connected cases : 18 : No.2209/2022), the learned counsel pointed out that even the vacancy of Director of the Society is filled up by the Government. In fact, the Government of Kerala and the IIMS themselves described the IIMS Medical College as "Government Medical College" in their various communications.
8. Relying on the judgment of the Hon'ble Apex Court in Ramana Dayaram Shetty v. International Airport Authority of India and others [AIR 1979 SC 1628], the counsel for the petitioners argued that the IIMS is an agency of the State. The Government which represents the executive authority of the State, may act through the instrumentality or agency of natural persons or it may employ the instrumentality or agency of juridical persons to carry out its functions. If Government acting through its officers is subject to certain constitutional and public law limitations, it must follow a fortiori that Government acting through the instrumentality or agency of corporations should equally be subject to the same limitations.
W.P.(C) No.2043/2022 & connected cases : 19 :
9. The learned counsel for the petitioners also relied on the judgment in Ajay Hasia v. Khalid Mujib Sehravardi and others [AIR 1981 SC 487] and urged that a Society can be an "authority" and therefore "State" within the meaning of Article 12. In that case, it must follow that it is subject to the Constitutional obligation under Article 14. Equality is a dynamic concept. The classification must be founded on an intelligible differentia and the differentia must have a rational relation to the objects sought to be achieved.
10. The Government has treated the IIMS College at Palakkad as a Government Medical College. The Medical College is administered by the SC/ST Develoment Department of the Government of Kerala. The Medical Officers working in the College cannot be discriminated vis-a-vis Medical Officers working in the DME/DHS/IMS, contended the learned counsel for the petitioners.
11. The learned Government Pleader contested the writ petitions on behalf of the respondents and submitted that the College where the petitioners are working, is not a W.P.(C) No.2043/2022 & connected cases : 20 : Government Medical College. The College is run by a Society named IIMS. The petitioners are appointed by the Society. The Act, 2008, especially Sections 2(b), 2(c), 2(d) and 2(k) as also Rule 4(ii) and Rule 4(iii), would clearly show that it is only the Medical Officers working under the DME/DHS/IMS alone are eligible for admission to PG Medical Courses under in-service quota.
12. The learned Government Pleader further urged that when the Act, 2008 was enacted in the year 2008, the IIMS Medical College in Palakkad was not even in existence. A decision to start Medical College at Palakkad was taken only in the year 2012 and the College started functioning in the academic side only in the year 2014. Therefore, the petitioners cannot be heard to contend that the Act, 2008 is bad for under inclusion.
13. The Government Pleader further pointed out that only the Director of the Society is appointed by the Government and all other members of the staff of the IIMS Medical College including Medical Officers are appointed by W.P.(C) No.2043/2022 & connected cases : 21 : the Society only. Ext.P11 order of appointment produced in W.P.(C) No.2244/2022 would show that appointment orders to staff members, are issued by the Society.
14. The Society may fall within the ambit of Article 12 of the Constitution of India, but it does not come within the definition of Government under Section 2(b) of the Act, 2008. The Government Pleader further argued that the Society is the appointing authority of the Medical Officers in IIMS Medical College. In Government services, appointments are through the Public Service Commission. In the case of the petitioners, the appointments were done by the Society directly. A part of the expenditure for running the Medical College is met through plan funds allocated to the SC/ST Development Department. From the above, it is evident that the Medical College at Palakkad is not a Government Medical College and therefore, the petitioners are not entitled to any relief in these writ petitions.
15. The learned counsel for the additional respondents 10 to 19 in W.P.(C) No.2209/2022 and W.P.(C) No.2043/2022 & connected cases : 22 : additional respondents 6 to 8 in W.P.(C) No.2244/2022 vehemently resisted the writ petitions. The counsel for the additional respondents pointed out that by giving admission to PG Courses for the persons from the IIMS Medical College, the Medical Officers from DME will be affected. The petitioners were not recruited through any regular selection process. There were even vigilance cases against the recruitments made by the Society. The Society is an autonomous body independent from the Government. The Medical Officers under the Society are not transferable. While the salary of government servants in Kerala are made through SPARK, the salary paid to the petitioners are from Plan Fund transferred to the Society. The service conditions of the Government Medical Officers and the Medical Officers in the Palakkad Medical College are different.
16. The learned counsel for the additional respondents further pointed out that the retirement age of Government Medical Officers is 62, whereas the petitioners' retirement age is 70. The Government Medical Officers are W.P.(C) No.2043/2022 & connected cases : 23 : gazetted officers, whereas the petitioners have no gazetted rank. The additional respondents are governed by the provisions of the KSR, whereas the petitioners are not governed by any statutory service rules.
17. The counsel for the additional respondents underlined that inclusion or non-inclusion of the petitioners within the ambit of the Act, 2008, is a policy matter, a decision on which should be left to be taken by the Government of Kerala. There were other similar Government Institutions in Kerala registered as Societies and running Medical Colleges and those Institutions were also not brought within the ambit of the Act, 2008. The petitioners therefore cannot raise any grievance.
18. I have heard the learned counsel for the petitioners, the learned Government Pleader representing the respondents, respective Standing Counsel representing the National Medical Commission and National Board of Examinations in Medical Sciences and the learned counsel representing the additional respondents. W.P.(C) No.2043/2022 & connected cases : 24 :
19. Admission to Post Graduate Medical Courses under in-service quota is governed by the Act, 2008. The term "Medical Officer" is defined under Section 2(d) so as to mean a Doctor with MBBS qualification who is in service under the control of a Head of Department and includes a Lecturer or any other Doctor with a different designation as the Government may specify. Therefore, to be a Medical Officer eligible for admission under in-service quota, one should be in service under the control of a Head of Department. The term "Head of Department" is defined under Section 2(c) so as to mean the Director of Medical Education or the Director of Health Services or the Director of Insurance Medical Services or the Director of Municipal Administration of the State of Kerala. The petitioners are not working under any of the Directors falling within the ambit of "Head of Department" as defined in Section 2(c). Therefore, undoubtedly, the petitioners, who are working as Medical Officers under a registered Society, though coming under the administrative jurisdiction of the SC/ST Development W.P.(C) No.2043/2022 & connected cases : 25 : Department, cannot aspire for admission to Post Graduate Medical Courses under the in-service quota provided by the Act, 2008.
20. The petitioners contend that the Society IIMS is only a mask and it is the Government of Kerala who is running the IIMS Medical College for all practical purposes. The petitioners would point out that even the Government Orders and proceedings of the Director, IIMS in various communications, have described the College as Government Medical College. The College is run utilising the Plan Funds of the Government of Kerala. All the Office Bearers and Executive Committee of the Society are Government Officers. The Government has deep and pervasive control over the Society and even the appointment of the Director of the Society is made by the Government. Recruitment of staff of the Society requires regularisation orders by the Government of Kerala. Therefore, going by the judgments of the Apex Court in Ramana Dayaram Shetty (Supra) and Ajay Hasia (Supra), the IIMS Medical College should be W.P.(C) No.2043/2022 & connected cases : 26 : treated at par with other Government Medical Colleges.
21. The argument is that the Society IIMS should be treated as an instrumentality or agency of the Government and consequently, the petitioners should be extended with the benefit of reserved PG Medical Seats under in-service quota. In Ramana Dayaram Shetty (Supra), the Hon'ble Apex Court observed that the modern State operates a multitude of public enterprises and discharges a host of other public functions and if the functions of the Corporation are of public importance and closely related to governmental functions, it would be a relevant factor in classifying the Corporation as an instrumentality or agency of the Government.
22. While observing so, the Hon'ble Apex Court laid down certain tests and criteria to decide whether such a Corporation / Institution can be treated as an agency of the Government. The Hon'ble Apex Court, considered the judgment in Ramana Dayaram Shetty (Supra), in Ajay Hasia (Supra) and summarised the relevant tests gathered W.P.(C) No.2043/2022 & connected cases : 27 : from the decision in Ramana Dayaram Shetty (Supra) as follows:
"(1) One thing is clear that if the entire share capital of the corporation is held by Government it would go a long way towards indicating that the corporation is an instrumentality or agency of Government.
(2) Where the financial assistance of the State is so much as to meet almost entire expenditure of the corporation, it would afford some indication of the corporation being impregnated with governmental character.
(3) It may also be a relevant
factor.........whether the corporation enjoys
monopoly status which is the State conferred or State protected.
(4) Existence of deep and pervasive State control may afford an indication that the Corporation is a State agency or instrumentality.
(5) If the functions of the corporation of public importance and closely related to governmental functions, it would be a relevant factor in classifying the corporation as an instrumentality or agency of Government.
(6) Specifically, if a department of Government is transferred to a corporation, it would be a strong factor supportive of this inference of the corporation being an instrumentality or agency of Government."
An agency of Government whether should be treated as an "Authority" and "State" within the meaning of the expression W.P.(C) No.2043/2022 & connected cases : 28 : under Article 12, can be determined only on the basis of the tests prescribed by the Hon'ble Apex Court.
23. The first test prescribed by the Apex Court is as regards the share capital of the Corporation / Agency. If the entire share capital is held by the Government, it would go a long way towards indicating that the agency is an instrumentality of the State. The pleadings available in the writ petition would not indicate any capital investment by the Government in the Society, though there are averments to the effect that expenditure of the IIMS is met from the Plan Funds of the Government.
24. The Government Pleader would urge that the Society is not functioning based on the sole funding of the Government of Kerala and the Society has its own ways and means to raise funds. Therefore, it cannot be said that the Medical College under the Society is run by the Funds of the Government of Kerala alone. This Court finds that the materials available in the writ petition are not sufficient to come to a conclusion as regards the capital fund of the W.P.(C) No.2043/2022 & connected cases : 29 : Society.
25. The Hon'ble Apex Court held that where the financial assistance of the State is so much as to mean almost entire expenditure of the Corporation, it would afford some indication of the Corporation being impregnated with governmental character. But, in this case, the extent of financial assistance of the State provided to the Society, is not discernible.
26. The third test is as regards enjoyment of monopoly status by the agency. The Society is running a Medical College Hospital. It cannot be said that the Society has a monopoly over the Medical Colleges in Kerala. Therefore, the IIMS does not satisfy the third test prescribed in Ajay Hasia (Supra).
27. The next test is existence of "Deep and Pervasive State Control" so as to afford an indication that the Institution is a State agency or instrumentality. Apart from the averment in the writ petitions that all members of the Executive Committee of the Society are Government Officers, the W.P.(C) No.2043/2022 & connected cases : 30 : petitioners have not produced any dependable materials to decide whether such a Committee has deep and pervasive "State Control". Neither the bye-laws of the Society nor the rules and regulations governing the Society are made available to the Court. It is possible that in spite of all the members of the Executive Committee being Government Officers, the Society still has autonomy and the Government control is limited and regulatory in nature. Therefore, this Court finds that the petitioners have not established that there exist deep and pervasive control by the Government over the Society.
28. Admittedly, the IIMS is not a Society to which a Department of Government is transferred. The said test is also not satisfied in the case of the IIMS. If the functions of Society is of public importance and closely related to governmental functions, it would be a relevant factor in classifying the Society as an instrumentality or agency of Government. It is true that the IIMS is discharging functions which are closely related to governmental function of W.P.(C) No.2043/2022 & connected cases : 31 : providing medical assistance and health services in a tribal dominated area. But, that alone is not sufficient to hold that the IIMS is an instrumentality or agency of Government.
29. The conclusions that can be drawn from the afore discussions is that the petitioners do not satisfy the requirements of "Medical Officers" as prescribed under the Act, 2008 and hence are not entitled to in-service quota reservations. The petitioners could not establish that the IIMS is an instrumentality of the State, providing sufficient materials to show that the IIMS satisfy the tests prescribed by the Hon'ble Apex Court in Ramana Dayaram Shetty (Supra) and Ajay Hasia (Supra).
The writ petitions therefore fail and are consequently dismissed.
Sd/-
N. NAGARESH, JUDGE aks/23.04.2022 W.P.(C) No.2043/2022 & connected cases : 32 : APPENDIX OF WP(C) 2043/2022 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF IDENTITY CARD ISSUED TO THE 1ST PETITIONER Exhibit P1A A TRUE COPY OF IDENTITY CARD ISSUED TO THE 2ND PETITIONER.
Exhibit P2 A TRUE COPY OF THE REGULARISATION AND APPOINTMENT ORDER DATED 04-04-2020 ISSUED BY 5TH RESPONDENT WITH RESPECT TO 1ST PETITIONER.
Exhibit P2A A TRUE COPY OF THE REGULARISATION AND APPOINTMENT ORDER DATED 30-03-2020 ISSUED BY 5TH RESPONDENT WITH RESPECT TO 2ND PETITIONER Exhibit P3 A TRUE COPY OF THE ORDER DATED 07-05-
2020 ISSUED BY 5TH RESPONDENT DECLARING THE SATISFACTORY COMPLETION OF PROBATION OF 1ST PETITIONER Exhibit P3A A TRUE COPY OF THE ORDER DATED 06- 052020 ISSUED BY 5TH RESPONDENT DECLARING THE SATISFACTORY COMPLETION OF PROBATION OF 2ND PETITIONER.
Exhibit P4 A TRUE COPY OF THE NEET PG 2021 SCORECARD OF THE 1ST PETITIONER.
Exhibit P4A A TRUE COPY OF THE NEET PG 2021 SCORECARD OF THE 2ND PETITIONER Exhibit P5 A TRUE COPY OF THE KERALA MEDICAL OFFICERS ADMISSION TO POSTGRADUATE COURSES UNDER SERVICE QUOTA ACT, 2008 Exhibit P6 A TRUE COPY OF THE KERALA MEDICAL OFFICERS ADMISSION TO POSTGRADUATE COURSES UNDER SERVICE QUOTA RULES, 2009 Exhibit P7 A TRUE COPY OF THE G.O(MS) NO.
195/2021/H AND FWD DATED 30-`10-2021 ISSUED BY THE 1ST RESPONDENT W.P.(C) No.2043/2022 & connected cases : 33 : Exhibit P8 A TRUE COPY OF THE GO(MS) NO. 18/2022 H AND FWD DATED 15-01-2022 ISSUED BY THE 1ST RESPONDENT ALONG WITH THE RELEVANT PAGES OF PROSPECTUS FOR ADMISSION TO MEDICAL POST GRADUATE DEGREE COURSES, 2021-2022 ISSUED BY THE 2ND RESPONDENT DME Exhibit P9 A TRUE COPY OF THE NOTIFICATION DATED 15-01-2022 ISSUED BY 6TH RESPONDENT CEE Exhibit P10 A TRUE COPY OF THE CERTIFICATE DATED 18-01-2022 ISSUED IN FAVOUR OF THE 1ST PETITIONER Exhibit P11 A TRUE COPY OF ACKNOWLEDGMENT PAGE REGARDING APPLICATIONS SUBMITTED BY THE 1ST PETITIONER.
P11(a) COPY OF ACKNOWLEDGEMENT PAGE REGARDING APPLICATIONS BY 2ND PETITIONER.
P12 COPY OF LETTER DT 31.10.2021 BY 2ND RESPONDENT P13 COPY OF ORDER DT 2.11.2021 BY 5TH RESPONDENT P14 COPY OF COMMUNICATION DT 5.11.2021 BY 5TH RESPONDENT P15 COPY OF GO DT 20.1.2022 P16 COPY OF GO DT 3.6.2019 P17 COPY OF REPLY DT 31.1.2017 P18 COPY OF COLLEGE4WISE SEAT DISTRIBUTION OF PG MEDICAL ADMISSION P19 COPY OF GO DT 2.12.2021 P20 COPY OF STATEMENT OF OBJECTS AND REASONS TO KERALA MEDICAL OFFICERS ADMISSION TO PG COURSES UNDER SERVICE QUOTA ACT, 2008 RESPONDENT EXHIBITS R1(a) COPY OF PROSPECTUS R2(a) COPY OF LIST NO.1 PREPARED WITHOUT INCLUDING CANDIDATES FROM GOVT MEDICAL COLLEGE PALAKKAD W.P.(C) No.2043/2022 & connected cases : 34 : R2(b) COPY OF LIST NO.2 INCLUDING MEDICAL OFFICERS OF GOVT MEDICAL COLLEGE PALAKKAD W.P.(C) No.2043/2022 & connected cases : 35 : APPENDIX OF WP(C) 2209/2022 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF IDENTITY CARD ISSUED TO THE PETITIONER.
Exhibit P2 A TRUE COPY OF THE REGULARISATION AND APPOINTMENT ORDER DATED 27.03.2020 ISSUED BY 5TH RESPONDENT WITH RESPECT TO THE PETITIONER.
Exhibit P3 A TRUE COPY OF THE ORDER DATED 07.05.2020 ISSUED BY 5TH RESPONDENT DECLARING THE SATISFACTORY COMPLETION OF PROBATION OF PETITIONER.
Exhibit P4 A TRUE COPY OF THE NEET PG 2021 SCORECARD OF THE PETITIONER.
Exhibit P5 A TRUE COPY OF THE KERALA MEDICAL OFFICERS ADMISSION TO POSTGRADUATE COURSES UNDER SERVICE QUOTA ACT, 2008. Exhibit P6 A TRUE COPY OF THE KERALA MEDICAL OFFICERS' ADMISSION TO POSTGRADUATE COURSES UNDER SERVICE QUOTA RULES 2009.
Exhibit P7 A TRUE COPY OF THE GO(MS)
NO.195/2021/H&FWD DATED 30.10.2021
ISSUED BY THE 1ST RESPONDENT.
Exhibit P8 A TRUE COPY OF THE GO(MS) NO.18/2022 H
& FWD DATED 15.01.2022 ISSUED BY THE 1ST RESPONDENT ALONG WITH THE RELEVANT PAGES OF PROSPECTUS FOR ADMISSION TO MEDICAL POST GRADUATE DEGREE COURSES, 2021 2022 ISSUED BY THE 2ND RESPONDENT DME.
Exhibit P9 A TRUE COPY OF THE NOTIFICATION DATED 15.01.2022 ISSUED BY THE 6TH RESPONDENT CEE.
Exhibit P10 A TRUE COPY OF THE CERTIFICATE DATED 19.01.2022 ISSUED IN FAVOUR OF THE PETITIONER.
Exhibit P11 A TRUE COPY OF ACKNOWLEDGMENT PAGE REGARDING APPLICATIONS SUBMITTED BY THE PETITIONER.
W.P.(C) No.2043/2022 & connected cases : 36 : RESPONDENT EXHIBITS R1(a) COPY OPF GO DT 20.1.2022 R1(a) COPY OF PROSPECTUS R2(a) COPY OF LIST NO.1 PREPARED WITHOUT INCLUDING CANDIDATES FROM GOVT MEDICAL COLLEGE PALAKKAD R2(b) COPY OF LIST NO.2 INCLUDING MEDICAL OFFICERS OF GOVT MEDICAL COLLEGE PALAKKAD R10(a) COPY OF VACANCY CIRCULAR W.P.(C) No.2043/2022 & connected cases : 37 : APPENDIX OF WP(C) 2244/2022 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF ORDER DATED 27.3.2020 OF THE 2ND RESPONDENT IN RESPECT OF THE 1ST PETITIONER Exhibit P2 TRUE COPY OF ORDERS DATED 27.3.2020 OF THE 2ND RESPONDENT IN RESPECT OF THE 2ND PETITIONER Exhibit P3 TRUE COPY OF ORDER DATED 6.4.2020 ISSUED BY THE 5TH RESPONDENT Exhibit P4 TRUE COPY OF ORDER DATED 18.5.2020 ISSUED BY THE 5TH RESPONDENT Exhibit P5 TRUE COPY OF ORDER DATED 7.5.2020 ISSUED BY THE 5TH RESPONDENT Exhibit P6 TRUE COPY OF ORDER DATED 3.7.2020 ISSUED BY THE 5TH RESPONDENT Exhibit P7 TRUE COPY OF GO(MS) NO 18/2022/H&FWD DATED 15.1.2022 ISSUED BY THE 1ST RESPONDENT ALONG WITH THE PROSPECTUS Exhibit P8 TRUE COPY OF THE ACKNOWLEDGMENT PAGE OF APPLICATION OF THE 1ST PETITIONER DATED 17.1.2022 Exhibit P9 TRUE COPY OF THE ACKNOWLEDGMENT PAGE OF APPLICATION OF THE 2ND PETITIONER DATED 17.1.2022 Exhibit P10 TRUE COPY OF THE ACKNOWLEDGMENT PAGE OF APPLICATION OF THE 3RD PETITIONER DATED 17.1.2022 P11 COPY OF LETTER DT 31.10.2021 OF 2ND RESPONDENT P12 COPY OF ORDER DT 2.11.2021 P13 COPY OF LIST OF CANDIDATES DT 5.11.2021 P14 COPY OF ORDER DT 5.11.2021 BY 1ST RESPONDENT P15 COPY OF ORDER DT 2.12.2021 W.P.(C) No.2043/2022 & connected cases : 38 : RESPONDENT EXHIBITS R1(a) COPY OF GO DT 20.1.2022 R1(a) COPY OF RELEVANT PORTION OF PROSPECTUS R2(a) COPY OF LIST NO.1 PREPARED WITHOUT INCLUDING CANDIDATES FROM GOVT MEDICAL COLLEGE PALAKKAD R2(b) COPY OF LIST NO.2 INCLUDING MEDICAL OFFICERS OF GOVT MEDICAL COLLEGE PALAKKAD W.P.(C) No.2043/2022 & connected cases : 39 : APPENDIX OF WP(C) 2480/2022 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE IDENTITY CARDS ISSUED TO THE PETITIONER Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER DATED 3-5-2017 IN THE DEPARTMENT OF ORTHOPEDICS ISSUED BY 5TH RESPONDENT WITH RESPECT TO PETITIONER Exhibit P3 TRUE COPY OF THE ORDER DATED 7/5/2020 ISSUED BY 5TH RESPONDENT DECLARING THE SATISFACTORY COMPLETION OF PROBATION OF PETITIONER ON 4-5-2017 (FN) AS PER GVT ORDER GO(MS) NO. 9/2020/SC ST DD AND ORDER NO. 417/E1/GMC/PKD/2020(16) Exhibit P4 TRUE COPY OF THE NEET PG 2021 SCORECARD OF THE PETITIONER Exhibit P5 TRUE COPY OF THE KERALA MEDICAL OFFICERS ADMISSION TO POSTGRADUATE COURSES UNDER SERVICE QUOTA ACT 2008 Exhibit P6 TRUE COPY OF THE KERALA MEDICAL OFFICERS ADMISSION TO POSTGRADUATE COURSES UNDER SERVICE QUOTA RULES, 2009 Exhibit P7 TRUE COPY OF THE GO(MS) NO 18/2022 H AND FWD DATED 15-1-2022 ISSUED BY THE 1ST RESPONDENT ALONG WITH THE RELEVANT PAGES OF PROSPECTUS FOR ADMISSION TO MEDICAL POST GRADUATE DEGREE COURSES, 2021-2022 ISSUED BY THE 2ND RESPONDENT DME Exhibit P8 TRUE COPY OF THE NOTIFICATION DATED 30-11-2021 FORWARDED TO THE FIRST RESPONDENT Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 30-11-2021 FORWARDED TO THE FIRST RESPONDENT Exhibit P10 TRUE COPY OF THE ORDER DATED 20-01- 2022 ISSUED BY THE FIRST RESPONDENT Exhibit P11 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 20-01-2022 W.P.(C) No.2043/2022 & connected cases : 40 : RESPONDENT EXHIBITS R1(a) COPY OF RELEVANT PORTION OF PROSPECTUS R2(a) COPY OF LIST NO.1 PREPARED WITHOUT INCLUDING CANDIDATES FROM GOVT MEDICAL COLLEGE PALAKKAD R2(b) COPY OF LIST NO.2 INCLUDING MEDICAL OFFICERS OF GOVT MEDICAL COLLEGE PALAKKAD W.P.(C) No.2043/2022 & connected cases : 41 : APPENDIX OF WP(C) 6451/2022 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF OFFICE ORDER SHOWING THE SERVICE DETAILS OF THE 1ST PETITIONER Exhibit P1(A) A TRUE COPY OF OFFICE ORDER SHOWING THE SERVICE DETAILS OF THE 2ND PETITIONER Exhibit P2 A TRUE COPY OF NEET-PG 2021 SCORECARD OF THE 1ST PETITIONER Exhibit P2(A) A TRUE COPY OF NEET-P5 2021 SCORECARD OF THE 2ND PETITIONER Exhibit P3 A TRUE COPY OF THE KERALA MEDICAL OFFICER'S ADMISSION TO THE POSTGRADUATE COURSES UNDER SERVICE QUOTA ACT, 2008 Exhibit P4 A TRUE COPY OF THE KERALA MEDICAL OFFICER'S ADMISSION TO POSTGRADUATES COURSES UNDER SERVICE QUOTO RULES, 2009.
Exhibit P5 A TRUE COPY OF THE GO(RT.)NO.363/.2022 H&FWD DATED 15.02.2022 ISSUED BY THE 1ST RESPONDENT ALONG WITH THE PROSPECTUS FOR ADMISSION TO DNB POST MBBS DEGREE COURSES, 2021-2022 UNDER STATE SERVICE QUOTA Exhibit P6 A TRUE COPY OF THE NOTIFICATION DATED 21.02.2022 ISSUED BY THE 6TH RESPONDENT-CEE Exhibit P7 A TRUE COPY OF THE CERTIFICATE DATED 22.02.2022 ISSUED IN FAVOUR OF THE 1ST PETITIONER.
Exhibit P7(A) A TRUE COPY OF THE CERTIFICATE DATED 22.02.2022 ISSUED IN FAVOUR OF THE 2ND PETITIONER Exhibit P8 A TRUE COPY OF ACKNOWLEDGMENT PAGE REGARDING APPLICATIONS SUBMITTED BY THE 1ST PETITIONER W.P.(C) No.2043/2022 & connected cases : 42 : Exhibit P8(A) A TRUE COPY OF THE ACKNOWLEDGEMENT PAGE REGARDING APPLICATIONS SUBMITTED BY THE 2ND PETITIONER Exhibit P9 A TRUE COPY OF THE LETTER DATED 23.2.2022 ISSUED BY THE 5TH RESPONDENT TO THE 2ND RESPONDENT DME Exhibit P10 A TRUE COPY OF THE JUDGMENT DATED 31.01.2022 IN WA NO.153 OF 2022 AND CONNECTED CASES.
Exhibit P11 A TRUE COPY OF THE LIST OF CANDIDATES FOR BEING CONSIDERED FOR ADMISSION UNDER THE VARIOUS SERVICE QUOTA PUBLISHED BY THE 2ND RESPONDENT DME ON 05/03/2022.