Dr. M Rejadheesh vs State Of Kerala
2021 Latest Caselaw 16935 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
                        WP(C) NO. 14517 OF 2021
PETITIONERS:

    1     DR. M REJADHEESH
          AGED 44 YEARS
          S/O M. RAGHAVAN (LATE) THANALORAM, CHANDININAGAR,
          ERANHIPALAM P.O.CALICUT-673 006

    2     SAJITH CHANDRAN M,
          S/O M RAMACHANDRAN, BHATTATHIRIPAD, AGED 47,
          INDRADHANU, PADANNAKKARA, PINARAYI P.O, KANNUR-670 741.

    3     ANEESH VARGHESE,
          S/O P.E.VARGHESE, AGED 40, PUTHUSSERY MEPPURATH, PAYAM
          P.O.KANNUR-670 704.

          BY ADVS.
          JOHNSON JOSE PANJIKKARAN
          T.R.JERRY SEBASTIAN



RESPONDENTS:

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

    2     KERALA STATE COUNCIL FOR CLINICAL ESTABLISHMENTS,
          2ND FLOOR, HOSTEL BLOCK OF KERALA STATE INSTITUTE OF
          HEALTH AND FAMILY WELFARE, THYCAUD, THIRUVANANTHAPURAM,
          PIN-695 014, REPRESENTED BY CHAIRPERSON.



          SRI. BIJOY CHANDRAN-SR. G.P


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14517 OF 2021

                                        2


                                    JUDGMENT

This writ petition is filed seeking the following reliefs:

a) direct the 2nd respondent to issue an addendum notification so as to enable persons having M.Sc Medical Biochemistry, M.Sc Biochemistry, M.Sc Medical Microbiology, M.Sc Microbiology, B.Sc Medical Microbiology or B.Sc in Medical Biochemistry qualification be included with degree in B.Sc Medical Laboratory Technology for the Lab Technician/Medical Equipment Technician criteria for the panel of Assessors in the Ext.P4 notification.

b) Issue a writ of mandamus or any other appropriate writs, directions, or order in the nature of mandamus directing the respondents to take a decision on Exhibit P1 & P2 representations expeditiously.

2. Heard the learned counsel for the petitioners and the learned

Government Pleader.

3. It is submitted by the learned counsel for the petitioners that

Ext.P11 representation has been submitted by the petitioners before

respondents 1 and 2 and that Ext.P13 is a representation preferred by

the Association of Clinical Microbiologists and Biochemists which has

also been preferred before the 2nd respondent. It is submitted that the

said representations are liable to be considered in accordance with law. WP(C) NO. 14517 OF 2021

Having heard the learned Government Pleader also, there will be

a direction to the 2nd respondent to consider and pass orders on

Exts.P11 and P13 representations with notice to the petitioners and any

authorized representative of the Association and after hearing them

through any appropriate means, including video conferencing, within a

period of three months from the date of receipt of a copy of this

judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 14517 OF 2021

APPENDIX OF WP(C) 14517/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF REPRESENTATION DATED 11.7.2019 SUBMITTED BY ASSOCIATION OF CLINICAL MICROBIOLOGISTS AND BIOCHEMISTS (ACMB)

Exhibit P2 TRUE COPY OF REPRESENTATION DATED 4.1.2020 SUBMITTED BY ASSOCIATION OF CLINICAL MICROBIOLOGISTS AND BIOCHEMISTS (ACMB)

Exhibit P3 TRUE RELEVANT EXTRACT OF THE NOTIFICATION DATED 14.2.2020 OF THE MINISTRY OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF INDIA

Exhibit P4 TRUE COPY OF THE NOTIFICATION BEARING NO 1/2021 DATED 14.6.2021

Exhibit P5 TRUE COPY OF THE M.SCMEDICAL MICROBIOLOGY CERTIFICATE ISSUED BY CALICUT UNIVERSITY

Exhibit P6 TRUE COPY OF THE PHD CERTIFICATE ISSUED BY THE ANNAMALAI UNIVERSITY

Exhibit P7 TRUE COPY OF THE CERTIFICATE DATED 20.2.2020 ISSUED BY CHEST HOSPITAL, CALICUT

Exhibit P8 TRUE COPY OF THE M.SCMEDICAL BIOCHEMISTRY CERTIFICATE ISSUED BY MAHATMA GANDHI UNIVERSITY

Exhibit P9 TRUE COPY OF THE M.SC BIOCHEMISTRY CERTIFICATE ISSUED BY PERIYAR UNIVERSITY

Exhibit P10 TRUE COPY OF THE CERTIFICATE DATED 15.7.2021 ISSUED BY INDIRA GANDHI CO- OPERATIVE HOSPITAL, THALASSERY

Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED 26.07.2021 SUBMITTED BY PETITIONERS TO RESPONDENTS 1 & 2 WP(C) NO. 14517 OF 2021

EXHIBIT P12 TRUE COPY OF THE POSTAL RECEIPTS DATED 26.07.2021

EXHIBIT P13 TRUE COPY OF THE REPRESENTATION DATED 27.07.2021 SUBMITTED BY ACMB TO 2ND RESPONDENT