Dr. Suraj Menon M vs The State Of Kerala

Kerala High Court

Dr. Suraj Menon M vs The State Of Kerala on 21 May, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
         TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                          WP(C) NO. 27794 OF 2017
PETITIONERS:

     1     DR. SURAJ MENON M
           AGED 32 YEARS, S/O P. MADHAVAN KUTTY MENON, 'KOUSTHUBHAM',
           SHIVJI NAGAR, KALLEKULANGARA PO, PALAKKAD - 678 009.

     2     DR. JITHIN LAL M
           S/O M. VIJAYAN, AGED 32 YEARS, 'AMMINI HOUSE',
           CHEVAYOOR PO, KOZHIKODE.

     3     DR. SANKAR DAS
           S/O K.V DAMODARAN, AGED 37 YEARS, SANTHI NAGAR,
           PUTHUPALLY PO, KOTTAYAM.

     4     DR. ARUN BABU JOSEPH
           S/O BABU JOSEPH, 33 YEARS, 'KIZHAKKETHOTTIYIL',
           KADAPOOR,VATTUKKULAM PO, KOTTAYAM.

           BY ADVS.
           SRI.S.SREEKUMAR (SR.)
           SRI.R.GITHESH
           SRI.P.MARTIN JOSE
           SRI.MANJUNATH MENON
           SRI.P.PRIJITH
           SRI.THOMAS P.KURUVILLA



RESPONDENTS:

     1     THE STATE OF KERALA
           REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HEALTH AND
           FAMILY WELFARE,GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM - 695 001.

     2     THE DIRECTOR OF MEDICAL EDUCATION
           DIRECTORATE OF MEDICAL EDUCATION, TRIVANDRUM - 695 001.

     3     THE JOINT DIRECTOR OF MEDICAL EDUCATION
           TRIVANDRUM - 695 001.

     4     THE PRINCIPAL
           GOVERNMENT T.D MEDICAL COLLEGE, ALAPPUZHA - 688 001.
 WP(C) NO. 27794 OF 2017


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    5      THE PRINCIPAL
           GOVERNMENT MEDICAL COLLEGE,
           KOTTAYAM - 686 001.

BY ADV.

           SRI. V.K.SUNIL, SR.GP



        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 27794 OF 2017


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               P.V.KUNHIKRISHNAN, J.
           --------------------------------------------
               W.P.(C) No.27794 of 2017
          ----------------------------------------------
        Dated this the 21st day of May, 2024


                          JUDGMENT

The above writ petition is filed with the following prayers:

"i) declare that Clause 13.1.3 of Exhibit P9 prospectus and Exhibit. P10 order applicable to the petitioners with respect to compulsory bonded service and not bound to compulsory bonded service after the completion of their respective Super Specialty Courses for the academic session 2014-

2017:

ii) call for the records leading to Exhibit P13 and Exhibit P14 orders and quash the same with respect to the petitioners by a writ of certiorari or such other writ order or direction.

iii) issue a Writ of Mandamus or other Writ Order or WP(C) NO. 27794 OF 2017 4 direction compelling the respondents 4 and 5 to relieve the petitioners from compulsory bonded service and to return the original certificates;

iv) issue such other Writ order or direction as may be necessary in the interest of Justice." SIC

2. When this writ petition came up for consideration on 30.08.2017, this Court passed the following order;

"Admit.

The learned Government Pleader takes notice for the respondents.

If the petitioners, who have been admitted for super speciality courses during 2014-'17, are similarly placed as the petitioners covered by Ext.P11 case who have been admitted for super speciality courses during 2013-'16, they shall be extended the benefit of Ext.P11 judgment."

In the light of the above order, no further direction is necessary in this case. Endorsing the WP(C) NO. 27794 OF 2017 5 order dated 30.08.2017, this writ petition is disposed of.

Sd/-

P.V.KUNHIKRISHNAN nvj JUDGE WP(C) NO. 27794 OF 2017 6 APPENDIX OF WP(C) 27794/2017 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE CERTIFICATE DATED 4.6.2011 ISSUED BY THE STATE MISSION DIRECTOR (NRHM) CERTIFYING ONE YEAR BONDED SERVICE OF 1ST PETITIONER.

EXHIBIT P2 TRUE COPY OF CERTIFICATE DTD.5.8.2017 ISSUED BY 4TH RESPONDENT CERTIFYING THE COMPLETION OF D.M. NEUROLOGY COURSE BY 1ST PETITIONER.

EXHIBIT P3 TRUE COPY OF CERTIFICATE DATED 25.7.2014 ISSUED BY 4TH RESPONDENT CERTIFYING THAT 2ND PETITIONER HAD COMPLETED BONDED SERVICE FOR ONE YEAR FROM 8.7.2013 TO 7.7.2014.

EXHIBIT P4 TRUE COPY OF COURSE CERTIFICATE ISSUED BY 5TH RESPONDENT DATED 14.8.2017 CERTIFYING THE COMPLETION OF MCH GENIOTO URINARY SURGERY BY 2ND PETITIONER.

EXHIBIT P5 TRUE COPY OF ORDER DATED 24.8.2012 BY 4TH RESPONDENT EVIDENCING THE SUCCESSFUL COMPLETION OF 1 YEAR BONDED SERVICE BY 3RD PETITIONER FROM 25.8.2011 TO 24.8.2012.

EXHIBIT P6 TRUE COPY OF THE COURSE CERTIFICATE DATED 14.8.2017 ISSUED BY 5TH RESPONDENT CERTIFYING THAT 3RD PETITIONER HAD COMPLETED THE MCH. IN PLASTIC AND RECONSTRUCTIVE SURGERY.

EXHIBIT P7           TRUE COPY OF CERTIFICATE 28.10.2009
                     ISSUED   BY    CHIEF    EXECUTIVE
 WP(C) NO. 27794 OF 2017


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OFFICER/DISTRICT MEDICAL OFFICER, (HEALTH) KOTTAYAM, CERTIFYING THAT 4TH PETITIONER HAD COMPLETED ONE YEAR COMPULSORY RURAL SERVICE.

EXHIBIT P8 TRUE COPY OF CERTIFICATE DATED 38.2017 ISSUED BY THE 5TH RESPONDENT CERTIFYING THE 4TH PETITIONER HAD COMPLTED MCH. IN NEURO SURGERY DURING 2014-2017 EXHIBIT P9 TRUE COPY RELEVANT PAGES OF PROSPECTUS 2014.

EXHIBIT P10 TRUE COPY OF G.O(MS) 533/2008/ H & FWD DATED 7.10.2008.

EXHIBIT P11 TRUE COPY OF THE COMMON JUDGMENT IN WP(C) 31031 OF 2016 DATED 2.12.2016 OF THIS HON'BLE COURT.

EXHIBIT P12 TRUE COPY OF RELEVANT PAGES OF 2013 PROSPECTUS.

EXHIBIT P13 TRUE COPY OF ORDER DATED 2.8.2017 WITH RESPECT TO GOVERNMENT T.D MEDICAL COLLEGE, ALAPPUZHA.

EXHIBIT P14 TRUE COPY OF ORDER DATED 2.8.2017 WITH RESPECT TO GOVERNMENT MEDICAL COLLEGE, KOTTAYAM.

RESPONDENTS EXHIBITS            :NIL

                          // TRUE COPY //

                           PA TO JUDGE