Kerala High Court
Dr.Sarath Chandran P vs State Of Kerala on 22 July, 2024
WP(C) No.25902/2024 1/8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
Monday, the 22nd day of July 2024 / 31st Ashadha, 1946
WP(C) NO. 25902 OF 2024 (K)
PETITIONER:
DR.SARATH CHANDRAN P., AGED 37 YEARS, S/O. CHANDRAN P, SV NIVAS,
CHEETA, KOZHUMMAL POST, KANNUR, KERALA 670521. WORKING AS LECTURER
IN DEPARTMENT OF ORAL & MAXILLOFACIAL SURGERY, GOVERNMENT DENTAL
COLLEGE, KANNUR, MEDICAL COLLEGE P.O., KANNUR, PIN - 670521
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HEALTH
AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM,
PIN - 695001
2. THE DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION,
MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM, KERALA, PIN - 695011
3. POSTGRADUATE COURSE SELECTION COMMITTEE, REPRESENTED THROUGH ITS
CHAIRMAN- SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE
DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM , PIN - 695001
4. GOVERNMENT DENTAL COLLEGE, KANNUR REPRESENTED THROUGH ITS PRINCIPAL,
GOVERNMENT DENTAL COLLEGE, KANNUR, MEDICAL COLLEGE P.O., KANNUR ,
PIN - 670321
5. COMMISSIONER OF ENTRANCE EXAMINATIONS, HOUSING BOARD BUILDINGS,
SANTHI NAGAR, TRIVANDRUM, PIN - 695001
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to :
1) direct 1st Respondent-Secretary, 2nd Respondent DME, 3rd
Respondent- Committee and 5th respondent- CEE to permit the Petitioner to
provisionally attend the counselling and admission process to Medical
Education Service Quota for admission to Post Graduate Courses in Dental
Surgery (MDS- Master of Dental Surgery) in Dental Colleges in Kerala-
2024, notwithstanding the non-issuance of formal orders of accommodation/
regularisation and that of probation;
2) alternatively, direct 1st, 2nd and 5th Respondents to not proceed
with the counselling and admission process to Medical Education Service
Quota for admission to Post Graduate Courses in Dental Surgery (MDS-
Master of Dental Surgery) in Dental Colleges in Kerala- 2024 until further
orders;
3) any other order that may be deemed necessary for protecting the
legal interests and rights of the Petitioner;
WP(C) No.25902/2024 2/8
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. GEORGE VARGHESE(PERUMPALLIKUTTIYIL), MANU SRINATH, NIMESH THOMAS,
LIJO JOHN THAMPY & SAURAV VINOD, Advocates for the petitioner and of
GOVERNMENT PLEADER for respondents, the court passed the following:
P.T.O
WP(C) No.25902/2024 3/8
ZIYAD RAHMAN A.A., J.
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W.P.C Nos. 25882, 25941 and 25902 of 2024
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Dated this the 22nd day of July, 2024
ORDER
The learned counsel for the petitioners pressed for an interim order permitting them to attend the counseling and the admission process of the Medical Post Graduate courses in service quota. The reason which prompted the petitioners to approach this Court was that, they were denied permission to attend the counseling and admission process on account of the fact that they were Doctors working in Government Dental College, Kannur which was earlier taken over by the Government as per the Kerala Co-operative Hospital Complex, the Academy of Medical Sciences and Allied Institutions (Taking over and Administration)Act, 2019 (hereinafter referred to as the Act, 2019).
2. The learned Government Pleader on the other hand, contended that, even though the institution in which the petitioners were working, was taken over by the Government as per the Act, 2019, so far the integration of the services with the Government has not taken place and therefore their services WP(C) No.25902/2024 4/8 W.P.C Nos. 25882, 25941 and 25902 of 2024 2 cannot be treated as Government service which is a mandatory requirement for the purpose of considering them for service quota as contemplated under Kerala Medical Officers admission to postgraduate courses under Service Quota Act, 2008. The learned Government Pleader also referred to Ext.P8 prospectus, which stipulates that, as per clause 11.2, it was contemplated that the applicants under Service quota should be regular staff under Medical Education Department/Health Service Department /Insurance Medical Service and should be successfully completed probation. Therefore, it was contended that the petitioners are not eligible. The learned Government Pleader also places reliance upon a decision rendered by this Court in W.P.C No.34856/2022.
3. The learned counsel for the petitioners in response to the same submitted that, as per Section 12 of the Act 2019 by which the institution was taken over, the service conditions of the petitioners were protected as it was specifically contemplated therein that, an employee employed in or in connection with the establishment and allied institutions will hold office even after commencement of the Act from the date of that order as officer or WP(C) No.25902/2024 5/8 W.P.C Nos. 25882, 25941 and 25902 of 2024 3 other employee as the case may be for the same tenure with the same remuneration and upon the same terms and conditions till the prescribed date as he would have held if this Act has not been passed. It was also contemplated that after vesting of the establishment in the Government by virtue of the Act, the service conditions of such Teacher, Officers and employees shall be as prescribed as per the orders issued by the Government in this behalf. Thus, it was pointed out that, even though the said Act was passed and was enacted as early as in the year 2019, the formal orders on the integration process have not been passed. Therefore, it was contended that the delay happened in completing the process cannot hamper the prospects of the petitioners being considered for the benefit of service quota. Besides, it was also contended that, the probation of the petitioners were already declared while they were in the erstwhile institution and hence they are to be treated as persons eligible for service quota as per Section 12 of the Act, 2019.
4. The learned counsel also placed reliance upon an interim order passed by this Court in a similarly situated case WP(C) No.25902/2024 6/8 W.P.C Nos. 25882, 25941 and 25902 of 2024 4 which is produced as Ext.P14 in W.P(C) No. 25941/2024, wherein the petitioners therein was permitted to attend the admission process without insisting on the condition regarding the regularization and declaration of probation.
5. After considering all the relevant aspects, I find a prima facie case in favour of the petitioner. This is particularly because, Section 12 contemplates an integration of the services of the petitioners with the Government employee and it is only a matter of time. Therefore, denying the benefit merely because of the said reason may not be proper. As far as the decision rendered in W.P(C) No. 34856/2022 is concerned, the statutory provisions in the 2019 Act and the consequence of the same were not brought to the notice of this Court. It is to be noted in this regard that, as per Ext P14, this court has already passed an interim order in favour of a similarly situated person, which was after the judgment in W.P(C) No. 34856/2022.
Therefore, I am of the view that an interim order has to be passed in this case. Accordingly, the petitioners shall be permitted to participate in the admission process for the post graduate WP(C) No.25902/2024 7/8 W.P.C Nos. 25882, 25941 and 25902 of 2024 5 courses in Dental Surgery (MDS-Master of Dental Surgery) notwithstanding the non-issuance of formal orders of regularization of service, provisionally.
Sd/-
ZIYAD RAHMAN A.A. JUDGE rpk 22-07-2024 /True Copy/ Assistant Registrar WP(C) No.25902/2024 8/8 APPENDIX OF WP(C) 25902/2024 Exhibit P8 TRUE COPY OF THE RELEVANT PAGES OF PROSPECTUS FOR ADMISSION TO POST GRADUATE COURSES IN DENTAL SURGERY (MDS- MASTER OF DENTAL SURGERY) IN DENTAL COLLEGES IN KERALA- 2024 ISSUED BY THE 1ST RESPONDENT 22-07-2024 /True Copy/ Assistant Registrar