IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
WP(C) NO. 13828 OF 2013
PETITIONER:
DR.NASEER CHAKKIPARAMBIL
ASSISTANT SUREGEON, PRIMARY HEALTH CENTRE,
P.O.NEDIYIRIPPU, KONDOTTY, 673638, RESIDING AT
C.P.HOUSE, KALOTH, KONDOTTY.
BY ADV SRI.V.RAJENDRAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH
& FAMILY WELFARE DEPARTMENT, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM-695 001
2 THE COMMISSIONER FOR ENTRANCE EXAMINATION
HOUSING BOARD BUILDING, SHANTHINAGAR,
THIRUVANANTHAPURAM-695 001.
3 THE DIRECTOR OF MEDICAL EDUCATION
DIRECTORATE OF MEDICAL EDUCATION,
THIRUVANANTHAPURAM-695 011.
OTHER PRESENT:
SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.05.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.13828/2013
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.13828 of 2013
----------------------------------------------
Dated this the 27th day of May, 2022
JUDGMENT
This writ petition is filed with following prayers:
i. Direct the respondents by the issue of a writ in the nature of mandamus or other appropriate writ order or direction to consider the petitioner's application for admission to P.G. Course without insisting on production of income certificate. ii. Declare that the prescription of Rs.4.5.Lakh as the limit of annual family income of a candidate for consideration under the Service Quota is arbitrary and discriminatory and therefore illegal. iii. Issue such other writ, order or direction as this Hon'ble Court deem fit in the facts and circumstances of the case; and award the costs of these proceedings.
(SIC)
2. When this writ petition came up for consideration on 28.05.2013, this Court passed the following order:
"Admit. Urgent notice.With regard to the interim relief sought for, to process the application of the petitioner for W.P.(C).No.13828/2013 3 admission to Medical P.G. Degree/Diploma without imposing any condition as to the annual family income, the petitioner seeks to assert that the stipulation with reference to the annual income was incorporated after the process of selection by the National Board of Examinations by way of NEET P.G., which was conducted in November, 2012 wherein the petitioner has become successful.
2. The subject matter of challenge pertains to the selection in respect of 'in-service candidates'. The petitioner is working as a Doctor in the Taluk Hospital, Shasthamkotta and is having 8 years of service. The stipulation in Clause No.VI (iv) in Ext.P5 prospectus approved by the State Government insists that the candidates claiming reservation under 'SEBC Quota' should invariably produce Community and Income Certificates obtained from the concerned Revenue authorities and that the persons. having annual income of more than Rs. 4.5 lakhs are not eligible for reservation or any other relaxation.
3. Mr. Mathai M. Paikeday, the learned Senior Counsel appearing for the petitioner submits that the said stipulation is rather onerous and does not have any nexus to the object, if any, and that it does not have any basis in relation to the actual facts and figures.
4. The learned Government Pleader appearing for the respondents submits on instructions, that the entry level salary in respect of the Doctors in the W.P.(C).No.13828/2013 4 Medical Education Service is Rs.60,000/-, while that of the Doctors in the Health Service Department is Rs.40,000/- per month. This naturally shows that the annual income of a Doctor at the entry level in the Health Department itself is 4.8 lakhs. The petitioner is a Doctor working in the Taluk Hospital for nearly 8 years, who would have earned several increments by this time. Even a entry Doctor having an entry level salary of Rs.40,000/-, will stand let down by the stipulation now fixed. If the ceiling as now appears is let to stand, no Doctor, even at the entry level who is working in the Health Service Department or in the Medical Education service could be considered for Medical P.G. Admissions. In the said circumstance, this Court finds that, there is considerable force in the case projected from the part of the petitioner.
Accordingly, there will be an interim order as prayed for, which shall be subject to the result of the writ petition. The respondents are directed to file counter affidavit."
3. As per the interim order, this Court directed the respondents to consider the petitioner's application for admission to P.G Course without insisting on production of income certificate. The order was passed on 28.05.2013. At this distance of time, I think nothing survives in this case. The interim order can be retained and the writ petition can be closed.
W.P.(C).No.13828/2013 5 Therefore, this writ petition is closed retaining the interim order dated 28.05.2013. I make it clear that the points raised in this writ petition are left open.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.13828/2013
6
APPENDIX OF WP(C) 13828/2013
PETITIONER EXHIBITS
EXHIBIT P1.TRUE COPY OF THE ADMIT CARD ISSUED TO THE PETITIONER FOR THE NEET EXHIBIT P2.TRUE COPY OF THE RESULT OF THE PETITIONER EXHIBIT P3.TRUE COPY OF THE FIRST PAGE OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR PG ADMISSION.
EXHIBIT P4.TRUE COPY OF THE NON CREAMY LAYER CERTIFICATE IN RESPECT OF THE PETITIONER.