Kerala High Court
Dr. Anupama S. Pillai vs Dr. Sija S on 22 November, 2023
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023 / 1ST AGRAHAYANA,
1945
OP(KAT) NO. 242 OF 2023
AGAINST THE ORDER DATED 31.05.2023 IN O.A.(EKM)NO.680/2022
OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
--------
PETITIONER:
DR.ANUPAMA S. PILLAI, AGED 37 YEARS,
W/O.DR.HARIKRISHNAN B., ASSISTANT PROFESSOR
(PEDIATRICS) GOVERNMENT TD MEDICAL COLLEGE,
ALAPPUZHA, RESIDING AT FLAT NO. 2E, CORDIAL
CASILDA, KOCHULLOOR, MEDICAL COLLEGE P.O.,
THIRUVANANTHAPURAM, PIN - 695011.
BY ADVS.
S.P.ARAVINDAKSHAN PILLAY
N.SANTHA
V.VARGHESE
PETER JOSE CHRISTO
S.A.ANAND
K.N.REMYA
L.ANNAPOORNA
VISHNU V.K.
ABHIRAMI K. UDAY
RESPONDENTS:
1 DR. SIJA S., W/O.DR.PRADEEP KUMAR P.,
ASSISTANT PROFESSOR, PEDIATRIC DEPARTMENT,
GOVERNMENT MEDICAL COLLEGE, KOZHIKODE,
RESIDING AT "DWARAKA", MYLAMPADI,
KUTHIRAVATTOM (P.O.), KOZHIKODE,
PIN - 673016.
O.P.(KAT) No.242/2023 2
2 THE STATE OF KERALA, REPRESENTED BY ITS
SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001.
3 THE DIRECTOR, DIRECTORATE OF MEDICAL EDUCATION,
MEDICAL COLLEGE (P.O.), THIRUVANANTHAPURAM,
PIN - 695011.
4 THE KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY, PATTOM,
THIRUVANANTHAPURAM, PIN - 695004.
BY ADVS.
JAWAHAR JOSE
JAWAHAR JOSE FOR R1
BY GOVERNMENT PLEADER, SRI.A.J.VARGHESE
P.C SASIDHARAN FOR R4
CISSY MATHEWS(K/423/2007)
SAFEER BAWA A.S.(K/002552/2022)
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY
HEARD ON 22.11.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
O.P.(KAT) No.242/2023 3
J U D G M E N T
A.Muhamed Mustaque, J.
The order of the Kerala Administrative Tribunal (for short, the 'Tribunal') in the matter of appointment of Assistant Professor(Neonatology) is called in question by one of the party respondents who got impleaded in the proceedings. The first respondent was an applicant before the Tribunal. The notification was issued on 27.5.2009 directing the Principals of all Medical Colleges to forward applications from qualified Doctors for appointment to the above post. The first respondent has been working as an Assistant Professor from 2018 onwards. She is having a qualification of MD(Paediatrics). The Tribunal referring to the Rules, produced as Annexures A2 and A3, held that MD (Paediatrics) candidates are also eligible to be considered, provided, there are no DM(Neonatology) candidates. At the time of notification, there were no DM Neonatology candidates. Therefore, MD(Paediatrics) candidates are also eligible to be considered, provided, they have qualifications as prescribed in Annexures A2 and A3. One of the stipulations is prescribed as qualification O.P.(KAT) No.242/2023 4 that such applicant should have two years of special training in the treatment of Neonatology. The rejection was on the ground that the certificate produced by the first respondent was from a private hospital in regard to the special experience. The Tribunal set aside the rejection of application on the ground that there was no prescription in the regulation that it should be obtained from the Government Hospital and directed consideration for the post notified in 2019. It is further observed that the veracity of the experience certificate also should be considered. The petitioner herein appears to have been appointed in the year 2021 as an Assistant Professor, with DM(Neonatology). According to her, if the first respondent has no requisite qualification based on the subsequent notification, she would be entitled to be considered for the post. The locus standi of her challenge to the order of the Tribunal has been answered by the interim order of this Court dated 15.06.2023. Anyway, as rightly noted by the Tribunal, there is no prescription that a special training experience should be obtained from the Government Hospital, that means, the experience certificate obtained from the private hospital can be considered subject to examination of the veracity of such O.P.(KAT) No.242/2023 5 experience certificate as well as competency of the certifier. In that sense, we are of the view that the impugned order has to be affirmed subject to the satisfaction as to the veracity of the experience certificate including the competency of the certifier. The second respondent in this original petition shall consider the same in the light of the directions and observations made in paragraph 25 of the Tribunal's order within a period of one month. The second respondent shall also afford an opportunity of hearing to the petitioner and the first respondent. Till such time, one vacancy shall not be filled.
The original petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE JUDGE Sd/-
SHOBA ANNAMMA EAPEN JUDGE ln O.P.(KAT) No.242/2023 6 APPENDIX OF OP(KAT) 242/2023 PETITIONER'S ANNEXURES ANNEXURE-A1 TRUE COPY OF THE NOTIFICATION DATED 27.05.2019 BEARING NUMBER F3/4129/2012/DME ISSUED BY THE DIRECTORATE OF MEDICAL EDUCATION.
ANNEXURE-A2 TRUE COPY OF THE ORDER DATED 21.07.2018 BEARING NUMBER G.O.(MS) 143/2018/H&FWD ISSUED BY GOVERNMENT OF KERALA.
ANNEXURE-A3 TRUE COPY OF THE ORDER DATED 18.3.2019 BEARING NUMBER G.O.(MS) 46/2019/H&FWD ISSUED BY GOVERNMENT OF KERALA.
ANNEXURE-A3(A) TRUE COPY OF THE ORDER DATED 5.8.2019 BEARING NUMBER S.O.(GEN.)1913/2019/H&FWD ISSUED BY GOVERNMENT OF KERALA.
ANNEXURE-A4 TRUE COPY OF THE ORDER DATED 5.3.2022 BEARING NUMBER F3/4129/2012/DME. ANNEXURE-A5 TRUE COPY OF THE RANK LIST BEARING NUMBER 19/2022/SSIV.
ANNEXURE-A6 TRUE COPY OF THE CERTIFICATE DATED 13.6.2015 ISSUED BY DR.P.M.C. NAIR ANNEXURE-A7 TRUE COPY OF THE CERTIFICATE DATED 20.8.2016 ISSUED BY DR.TONNY MAMPILLY. ANNEXURE-A8 TRUE COPY OF THE FELLOWSHIP CERTIFICATE ISSUED IN FAVOUR OF APPLICANT BY THE INDIAN ACADEMY OF PEDIATRICS.
ANNEXURE-A8(A) TRUE COPY OF THE CERTIFICATE DATED 13.6.2015 BEARING NUMBER CH/ADM/EXP/2015/06-01 ISSUED BY CREDENCE HOSPITAL, THIRUVANANTHAPURAM. ANNEXURE-A9 TRUE COPY OF THE CERTIFICATE DATED 11.8.2021 BEARING NUMBER O.P.(KAT) No.242/2023 7 CH/HRM/EXP/2021/08-01 ISSUED BY CREDENCE HOSPITAL, THIRUVANANTHAPURAM. ANNEXURE-A10 TRUE COPY OF THE CERTIFICATE DATED 16.8.2021 BEARING NUMBER E1/11552/2021/GMCHM ISSUED BY THE HEAD OF THE PAEDIATRICS DEPARTMENT, GOVERNMENT MEDIAL COLLEGE, MANJERI.
ANNEXURE-A11 TRUE COPY OF THE CERTIFICATE DATED 16.8.2021 BEARING NUMBER 59/PED/GMC/2021 ISSUED BY THE HEAD OF THE PAEDIATRIC DEPARTMENT, GOVERNMENT MEDICAL COLLEGE, KOZHIKODE.
ANNEXURE-A12 : TRUE COPY OF THE NOTIFICATION DATED 14.12.2022 BEARING NO.F3/2604/2020/MED EDN. ISSUED BY THE DIRECTOR OF MEDICAL EDUCATION.
ANNEXURE-R4(A) TRUE COPY OF THE CERTIFICATE DATED 31.01.2023 OF THE DOCTOR OF MEDICINE (DM) IN NEONATOLOGY ISSUED TO THE 4TH RESPONDENT IN O.A. BY THE KERALA UNIVERSITY OF HEALTH SCIENCES.
ANNEXURE-A13 TRUE COPY OF THE RELEVANT PAGES OF THE MINIMUM QUALIFICATIONS FOR TEACHERS IN MEDICAL INSTITUTIONS REGULATIONS 1998 (AMENDED UP TO 08.06.2017).
ANNEXURE-A14 TRUE COPY OF THE CERTIFICATE DATED 3.7.2019 ISSUED BY THE PROFESSOR AND HEAD OF THE DEPARTMENT OF PAEDIATRICS, GOVERNMENT MEDICAL COLLEGE, GOA. ANNEXURE-A15 TRUE COPY OF THE LETTER DATED 9.7.2019 OF THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, MANJERI TO THE 2ND RESPONDENT.
ANNEXURE-R4(B) TRUE COPY OF THE RELEVANT PAGES OF EVIDENCE BASED CLINICAL PRACTICE GUIDELINES PUBLISHED BY NATIONAL O.P.(KAT) No.242/2023 8 NEONATOLOGY FORUM OF INDIA.
ANNEXURE-R4(C) TRUE COPY OF THE RELEVANT EXTRACT OF DETAILS SHOWING THE RESEARCH PROJECTS IN PAEDIATRICS DOWNLOADED FROM THE OFFICIAL WEBSITE OF SREE GOKULAM MEDICAL COLLEGE. ANNEXURE-R4(D) TRUE COPY OF THE SCREENSHOT OF THE LIST OF DOCTORS IN THE DEPARTMENT OF PAEDIATRICS AND NEONATOLOGY IN KIMS HOSPITAL AS ON 12.1.2012 DOWNLOADED FROM THE WEB ARCHIVES.
EXHIBIT-P1 TRUE COPY OF O.A.(EKM)NO.680/2022 FILED BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, ADDITIONAL BENCH, ERNAKULAM.
EXHIBIT-P2 TRUE COPY OF THE M.A.(EKM) NO. 2288/2022 IN EXT.P1 O.A. FOR ACCEPTING ADDITIONAL DOCUMENT.
EXHIBIT-P2(A) TRUE COPY OF THE M.A.(EKM) NO. 2289/2022 IN EXT.P1 O.A. FOR A DIRECTION TO KEEP ONE VACANCY OF ASSISTANT PROFESSOR (NEONATOLOGY) UNFILLED.
EXHIBIT-P3 TRUE COPY OF THE INTERIM ORDER DATED 22.12.2022 ON M.A.NO.2289/2022 IN O.A. (EKM)680/2022 OF THE KAT.
EXHIBIT-P4 TRUE COPY OF MA(EKM) 57/2023 FILED BY THE PETITIONER FOR IMPLEADING.
EXHIBIT-P5 TRUE COPY OF THE REPLY STATEMENT DATED 27.09.2022 OF THE 3RD RESPONDENT IN EXT.P1 O.A. EXHIBIT-P6 TRUE COPY OF THE REPLY STATEMENT DATED 29.09.2022 FILED BY THE 2ND RESPONDENT IN EXT.P1 O.A. EXHIBIT-P7 TRUE COPY OF THE ADDITIONAL REPLY STATEMENT DATED 13.04.2023 FILED BY THE O.P.(KAT) No.242/2023 9 2ND RESPONDENT IN EXT.P1 O.A. EXHIBIT-P8 TRUE COPY OF THE REJOINDER FILED BY THE APPLICANT IN EXT.P1 O.A. EXHIBIT-P9 TRUE COPY OF THE REPLY STATEMENT FILED BY THE ADDITIONAL 4TH RESPONDENT IN EXT.P1 O.A. EXHIBIT-P10 TRUE COPY OF THE M.A.(EKM)NO.815/2023 FILED BY THE PETITIONER HEREIN FOR VACATING EXT.P3 INTERIM ORDER.
EXHIBIT-P11 TRUE COPY OF THE REJOINDER FILED BY THE APPLICANT IN THE O.A. TO THE EXT.P9 REPLY STATEMENT.
EXHIBIT-P12 TRUE COPY OF THE ADDITIONAL REPLY STATEMENT FILED BY THE ADDITIONAL 4TH RESPONDENT IN THE O.A. EXHIBIT-P13 TRUE COPY OF THE REJOINDER FILED BY THE APPLICANT AGAINST THE ADDITIONAL REPLY STATEMENT FILED BY THE ADDITIONAL 4TH RESPONDENT IN EXT.P1 O.A. EXHIBIT-P14 TRUE COPY OF THE FINAL ORDER DATED 31.05.2023 IN O.A.(EKM) 680/2022 OF THE KERALA ADMINISTRATIVE TRIBUNAL.