Kerala High Court
Dr. Isabella John vs State Of Kerala on 9 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942
WP(C).No.9006 OF 2020(A)
PETITIONERS:
1 DR. ISABELLA JOHN
AGED 26 YEARS
D/O.JOHN.J.ELAMKUNNAM,
RESIDING AT KALEKATTIL, P.O.EAST THODUPUZHA,
IDUKKI DISTRICT, M.D.(PSYCHIATRY)STUDENT,
(2015-18 BATCH), DEPARTMENT OF PSYCHIATRY,
KANNUR MEDICAL COLLEGE,ANJARAKANDY).
2 DR.ANCY MARY JACOB,
D/O.JACOB THOMAS,
RESIDING AT KOCHUPURACKAL HOUSE,
S.V.MARKET.P.O, KARUNAGAPPALLY,
KOLLAM M.D.(COMMUNITY MEDICINE)
STUDENT (2015-2018 BATCH),
DEPARTMENT OF COMMUNITY MEDICINE,
KANNUR MEDICAL COLLEGE.
3 DR.JIBI SURESH,
D/O.K.R.SURESH,
RESIDING AT KEECHERIL HOUSE,
S.N.JUNCTION, PALARIVATTOM, COCHIN-682025,
M.S.(OPHTHALMOLOGY), STUDENT(2015-2018 BATCH),
DEPARTMENT OF OPHTHALMOLOGY),KANNUR MEDICAL COLLEGE,
(ANJARAKANDY).
4 DR.TITTO RAHIM,
S/O.ABDUL RAHIMAN,
RESIDING AT VELIYILKILAKKTTIL,
MUTHUKULAM SOUTH.P.O,
KANAKAKKUNNU, ALAPPUZHA-690506,
M.D.(PATHOLOGY) 2015-2018 BATCH) STUDENT,
DEPARTMENT OF PATHOLOGY.
5 DR.JAYAPRABHA.P.V,
D/O.P.RAJEEVAN, RESIDING AT RAJAPRABHA,
HOUSE NO.28/3685, P.O.GOVINDAPURAM,
KANNUR-673016,(M.D.(PATHOLOGY)(2015-2018
BATCH)STUDENT, DEPARTMENT OF PATHOLOGY,
KANNUR MEDICAL COLLEGE, ANJARAKANDY).
WP(C).NoS.9006/2020 & 11392/2020
2
6 DR.SAFNA.M.A,
D/O.M.B.ABDULKHADER,
RESIDING AT CHANGANPALLY,
KATTIPPRUTHI, MALAPPURAM M.D.(PEDIOLOGY)
(2015-2018 BATCH), STUDENT,
DEPARTMENT OF PEDIOLOGY,
KANNUR MEDICAL COLLEGE, ANJARAKANDY.
BY ADV. SRI.M.S.RADHAKRISHNAN NAIR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF HEALTH AND FAMILY WELFARE
SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE KERALA UNIVERSITY OF HEALTH SCIENCE,
REPRESENTED BY ITS REGISTRAR,
MULAMKUNNATHUKAVU, THRISSUR-682032.
3 THE MEDICAL COUNCIL OF INDIA,
REPRESENTED BY ITS SECRETARY,
DWARAKA PHASE-1, NEW DELHI-110077.
4 THE COMMISSIONER FOR ENTRANCE EXAMINATION,
THIRUVANANTHAPURAM-695012.
5 THE CHAIRMAN,
KANNUR MEDICAL COLLEGE, ANJARAKANDY,
KANNUR DISTRICT-670612.
6 THE PRINCIPAL,
KANNUR MEDICAL COLLEGE, ANJARAKANDY,
KANNUR DISTRICT-670612.
BY SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF
HEALTH SCIENCES
BY SRI.TITUS MANI VETTOM, SC, MEDICAL COUNCIL OF
INDIA
BY ADV. SRI.ABDUL RAOOF PALLIPATH
BY ADV. SRI.K.R.AVINASH (KUNNATH)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
09.02.2021, ALONG WITH WP(C).11392/2020(Y), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C).NoS.9006/2020 & 11392/2020
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942
WP(C).No.11392 OF 2020(Y)
PETITIONERS:
1 DR.SUHAIBA A MEERA
D/O. T.P. ABDUL HAMEED,
RESIDING AT RAINBOW,
ARTILLERY ROAD, KANNUR-670001,
M.D. (DERMATOLOGY), STUDENT, (2016-19 BATCH)
DERMATOLOGY AND LEPROSY DEPARTMENT,
KANNUR MEDICAL COLLEGE, ANJARAKANDY.
2 DR. SHIJOY P KUNJUMON,
S/O. KALLADA P. KUNJUMON,
RESIDING AT PUTHENVEEDU,
EAST KALLADA P O, KOLLAM M.D(PSYCHIATRY)
STUDENT (2016-2019 BATCH),
DEPARTMENT OF PSYCHIATRY,
KANNUR MEDICAL COLLEGE, ANJARAKANDY.
3 DR. HADIK AL JOUHAR
S/O. ABDUL HAMEED K,
RESIDING AT KUNNATH,
MUTHUPARAMBA POST, MOOCHIKKAL,
MALAPPURAM,M.D(PSYCHIATRY)
STUDENT (2016-2019 BATCH),
DEPARTMENT OF PSYCHIATRY,
KANNUR MEDICAL COLLEGE, ANJARAKANDY.
4 DR. DHANYA SACHEENDRAN,
D/O. SACHEENDRAN, KAKKATAN,
RESIDING AT FLAT 7E,
MADHAVAM APARTMENTS, MUTTIMUKK. P O,
RAMAVARMAPURAM, M.D(PHARMACOLOGY)
STUDENT (2016-2019 BATCH),
DEPARTMENT OF PHARMACOLOGY,
KANNUR MEDICAL COLLEGE, ANJARAKANDY.
WP(C).NoS.9006/2020 & 11392/2020
4
5 DR. ABBY.A JOSEPH
S/O. DR.A. JOSEPH, RESIDING AT ABBY BHAVAN,
P O NIRMALAGIRI, KANNUR-670701,
M.S (OPHTHALMOLOGY) STUDENT,
(2016-2019 BATCH) DEPARTMENT OF OPHTHALMOLOGY),
KANNUR MEDICAL COLLEGE, ANJARAKANDY.
6 DR. RENJI JACOB,
S/O.MR. JACOB VARGHESE,
RESIDING AT PAMPOORETHU, VNRA 325,
VIKAS NAGAR, SREEKARYAM,
THIRUVANANTHAPURAM-695017, M.D(PATHOLOGY)(2016-
2019 BATCH)STUDENT, DEPARTMENT OF PATHOLOGY,
KANNUR MEDICAL COLLEGE, ANJARAKANDY.
7 DR. SHANID MUHAMMED
D/O. C. MUHAMMED, RESIDING AT SUBA MAHAL,
THOKKILANGADI, P O KUTHUPARAMBA,
KANNUR-670643, M.D(PEDIOLOGY)
STUDENT (2016-2019 BATCH),
DEPARTMENT OF PEDIOLOGY,
KANNUR MEDICAL COLLEGE, ANJARAKANDY.
8 DR.MINU VENGA
D/O. DR.V BHASKARAN, RESIDING AT PRANAVAM,
NUT STREET, VADAKARA, KOZHIKODE,
(M.D.PEDIOLOGY) (2016-2019 BATCH), STUDENT,
DEPARTMENT OF PEDIOLOGY,
KANNUR MEDICAL COLLEGE, ANJARAKANDY.
BY ADV. SRI.M.S.RADHAKRISHNAN NAIR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF HEALTH AND FAMILY WELFARE
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE KERALA UNIVERSITY OF HEALTH SCIENCE
REPRESENTED BY ITS REGISTRAR,
MULAMKUNNATHUKAVU, THRISSUR - 682032.
3 THE MEDICAL COUNCIL OF INDIA
REPRESENTED BY ITS SECRETARY,
DWARAKA PHASE-1, NEW DELHI-110077.
WP(C).NoS.9006/2020 & 11392/2020
5
4 THE COMMISSIONER FOR ENTRANCE EXAMINATION
THIRUVANANTHAPURAM-695012.
5 THE CHAIRMAN,
KANNUR MEDICAL COLLEGE, ANJARAKANDY,
KANNUR DISTRICT-670612.
6 THE PRINCIPAL
KANNUR MEDICAL COLLEGE, ANJARAKANDY,
KANNUR DISTRICT-670612.
BY SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF
HEALTH SCIENCES
BY ADV. SRI.TITUS MANI
BY ADV. SRI.ABDUL RAOOF PALLIPATH
BY ADV. SRI.K.R.AVINASH (KUNNATH)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
09.02.2021, ALONG WITH WP(C).9006/2020(A), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C).NoS.9006/2020 & 11392/2020
6
JUDGMENT
[ WP(C).9006/2020, WP(C).11392/2020 ]
Dated this the 9th day of February 2021
The common prayer in the captioned writ petitions is for
directing the respondents 5 and 6 to pay monthly stipends to
petitioners who were post graduate students of different batches
2015-2018 and 2016-2019 in Kannur, Medical College. In W.P.(C)
No.9006/2020 the petitioners were admitted against the
management quota and in W.P.(C) No.11392/2020 petitioners 1,
2, 4, 5, 7 and 8 were admitted in management quota and
petitioners 3 & 6 in merit quota. At the time of admission the
petitioners were insisted upon to pay an extra amount of
Rs.50,000/- as additional fees and also made to sign certain
documents. The petitioners were not paid the stipend entitled to
receive. Government of Kerala vide order dated 18.11.2015 (W.P.
(C) No.11392/2020) enhanced the monthly stipend of junior
residents (Post graduate students) in Government Medical
Colleges and Dental Colleges. On the basis of the aforementioned
order the 2nd respondent- Kerala University of Health Sciences
issued circular instructing self-financing colleges to grant stipend
WP(C).NoS.9006/2020 & 11392/2020
to interns of the UG and PG courses at par with the interns of
Government Colleges, non payment of same would be considered
serious. The Medical Council of India also came out with the
regulations Clause 13.3 entitling the students undergoing post
graduate degree/ diploma/ super-specialty course for payment of
stipends.
2. Learned counsel appearing on behalf of the petitioners
submitted that despite repeated requests, respondents did not
pay the stipend. Post graduate students similar to petitioners had
approached this Court vide W.P.(C).No.41316/2016 and obtained
an interim order directing the respondents to pay the stipend to
the petitioners, which was confirmed while disposing of the
matter. The review petition filed by the respondents therein was
also dismissed. Having left with no other option, the petitioners
are constrained to approach this Court.
3. Learned counsel appearing on behalf of the
respondents in support of the counter affidavit submitted that the
petitioners had already passed out their post graduation and are
practicing professional doctors long time ago. No such complaint
was filed before the principal or authority of non-payment of their
WP(C).NoS.9006/2020 & 11392/2020
stipend, they raised this claim belatedly. The stipend applicable at
the time of admission of 2015-16 batch was totally different.
Owing to the anomaly, from the year 2017 onwards, Government
adopted a uniform fee structure across all the categories without
cross-subsidy. The actual amount of stipend had been paid
monthly to each candidate depends upon the number of the days.
Petitioners agreed not to claim the stipend and therefore, not
paid.
4. I have heard the learned counsel for the parties and
appraised the paper book.
5. The entire counter and the documents attached
thereto do not reveal any such undertaking allegedly submitted
by the petitioners foregoing their claim/right to seek stipend.
Even though they have completed their post graduate course, the
legitimate claim vis-a-vis the stipend cannot be negated
particularly when there is a direction of the Government vide
order referred above as well as the Medical Council of India. The
Judgment of this Court ordering payment of stipend to other
students has also not been disputed. Fixation of different
structure of stipend for 2015-2016 batch is also not in dispute.
WP(C).NoS.9006/2020 & 11392/2020
The stand of the respondents in not honouring the orders qua
payment of the stipend has no legal or just foundation to oust the
claim of the petitioners. As a result thereof, the writ petitions are
allowed. Respondents are directed to pay the entire stipend due
to the petitioners within a period of one month from the receipt of
a certified copy of this judgment; failing to pay the amount within
the aforementioned period shall entail into payment of interest at
the rate of 9% per annum.
These writ petitions stand allowed in the aforementioned
terms.
Sd/-
AMIT RAWAL
JUDGE
nak
WP(C).NoS.9006/2020 & 11392/2020
APPENDIX OF WP(C) 9006/2020
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF
G.O(MS)NO.101/2013/H&FWD.DATED
25.3.2013 ISSUED BY THE HEALTH &
FAMILY WELFARE(S)DEPARTMENT.
EXHIBIT P2 TRUE COPY OF THE CIRCULAR N0.938/AC-
H/2016/KUHS DATED 22.1.2016 ISSUED BY
THE UNIVERSITY OF HEALTH SCIENCES
EXHIBIT P3 TRUE COPY OF THE MEDICAL COUNCIL OF
INDIA POST GRADUATE MEDICAL EDUCATION
REGULATIONS,2000 AMENDED UPTO
JANUARY,2017
EXHIBIT P4 TRUE COPY OF THE ORDER G.O.
(MS)NO.262/2015/H&FWCD DATED
18.11.2015 ISSUED BY THE HELTH AND
WELFARE(S)DEPARTMENT.
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 21.2.2017
IN W.P(C)NO.41316/2016 PASSED BY THIS
HONOURABLE COURT
EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN
W.P(C)NO.41316/2016 DATED 30.3.2017 OF
THIS HONOURABLE COURT.
EXHIBIT P7 TRUE COPY OF ORDER DATED 14.10.2017 IN
R.P.NO.825/2017 PASSED BY THIS
HONOURBLE COURT.
EXHIBIT P8 TRUE COY OF JUDGMENT DATED 14.07.2020
INWPC NO.22558/2019 OF THIS HONOURABLE
COURT
RESPONDENTS' EXHIBITS:
EXHIBIT R6(a) THE TRUE COPY OF THE ORDER DATED 24.03.2020
OF DISTRICT COLLECTOR, KANNUR.
EXHIBIT R6(b) TRUE COPY OF THE AGREEMENT DATED
28.03.2015.
WP(C).NoS.9006/2020 & 11392/2020
EXHIBIT R6(c) TRUE COPY OF THE GOVERNMENT ORDER
NO.GO(MS)NO.101/2013/H &FWD DATED
25.03.2013 ISSUED BY THE GOVERNMENT.
EXHIBIT R6(d) TRUE COPY OF THE GOVERNMENT ORDER NO.GO(MS)
NO.262/2015/H&FWD DATED 18.11.2015 ISSUED
BY THE GOVERNMENT.
WP(C).NoS.9006/2020 & 11392/2020
APPENDIX OF WP(C) 11392/2020
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER G.O.(MS)
NO.262/2015/H & FWC DATED 18.11.2015
ISSUED BY THE HEALTH & FAMILY WELFARE
(S) DEPARTMENT.
EXHIBIT P2 TRUE COPY OF THE CIRCULAR NO.938/AC-
H/2016/KUHS DATED 21.1.2016 ISSUED BY
THE UNIVERSITY OF HEALTH SCIENCES.
EXHIBIT P3 TRUE COPY OF THE MEDICAL COUNCIL OF
INDIA POST GRADUATE MEDICAL EDUCATION
REGULATIONS, 2000 AMENDED UPTO
JANUARY,2017.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED
21.02.2017 IN WP(C) NO.41316/2016
PASSED BY THIS HONOURABLE COURT.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN WP(C)
NO. 41316/2016 DATED 30.03.2017 OF
THIS HONOURABLE COURT.
EXHIBIT P6 TRUE COPY OF ORDER DATED 4.10.2017 IN
RP NO.825/2017 PASSED BY THIS
HONOURABLE COURT.
EXHIBIT P8 TRUE COPY OF JUDGMENT DATED
14.07.2020 IN W.P.(C).NO.22558/2019
OF THIS HONOURABLE COURT
RESPONDENTS'EXHIBITS
:
EXHIBIT R6(a) TRUE COPY OF THE ORDER DATED
24.03.2020 OF DISTRICT COLLECTOR,
KANNUR
EXHIBIT R6(b)
TRUE COPY OF THE AGREEMENT DATED
28.03.2015
EXHIBIT R6(C) TRUE COPY OF THE GOVERNMENT ORDER NO,
GO(MS)NO.101/2013/H&FWD DATED
25.03.2013 ISSUED BY THE GOVERNMENT
WP(C).NoS.9006/2020 & 11392/2020
EXHIBIT R6(D) TRUE COPYOF THE GOVERNMETN ORDER
NO.GO(MS)NO.262/2015/H&FWD
DATED18.11.2015 ISSUED BY THE
GOVERNMEN
