Dr.Naveen K vs The Principal, Government ...
2021 Latest Caselaw 17838 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
                         WP(C) NO. 6738 OF 2021
PETITIONER:

          DR.NAVEEN K
          BONDED SENIOR RESIDENT, DEPARTMENT OF UROLOGY,
          GOVERNMENT MEDICAL COLLEGE, THIRUVANANTHAPURAM-695 011

          BY ADVS.
          U.BALAGANGADHARAN
          SRI.V.JAYANANDAKUMAR



RESPONDENTS:

    1     THE PRINCIPAL,
          GOVERNMENT MEDICAL COLLEGE, THIRUVANANTHAPURAM-695 011

    2     THE DIRECTOR,
          DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE POST,
          THIRUVANANTHAPURAM-695 011

    3     STATE OF KERALA,
          REPRESENTED BY SECRETARY, HEALTH AND FAMILY WELFARE
          DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695
          001

          BY ADV.SMT. DEEPA NARAYANAN, SENIOR GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.6738/2021
                             2



                 P.V.KUNHIKRISHNAN, J
           -------------------------------
                W.P.(C)No.6738 of 2021
          --------------------------------
       Dated this the 1st day of September 2021

                        JUDGMENT

The petitioner is a Senior Resident Doctor in

Government Medical College, Thiruvananthapuram.

According to the petitioner, he completed Master of

surgery in General Surgery and also completed the

statutory obligatory bonded service for one year.

Ext.P2 is the certificate which will show that the

petitioner worked as Senior Resident under bonded

obligation in the Department of General Surgery for

a period of one year from 10.07.2015 to 09.07.2016.

Thereafter the petitioner was admitted for the super

specialty course based on Ext.P3 prospectus. The

petitioner completed the super specialty course as

evident by Ext.P4 provisional degree certificate.

According to the petitioner, he was forced to

continue bonded service for another one year as per WP(C) NO.6738/2021

Ext.P7. In Ext.P7 the petitioner is serial No.15.

Admittedly, the petitioner is now doing the bonded

service based on Ext.P7. The petitioner is

challenging the same. According to the petitioner,

in the light of the completion of bonded service

after completing the specialty course as evident by

Ext.P2, the petitioner need not do the bonded

service again after the super specialty course.

Hence Ext.P7 is challenged.

2. Heard the learned counsel for the

petitioner and the learned Government Pleader.

3. The learned counsel for the petitioner

reiterated his contentions in the writ petition.

The learned counsel takes me through Clause 10.1.2

in Ext.P3 prospectus. The learned counsel submitted

that in Clause 10.1.2, it is clearly stated that the

total service rendered by the petitioner shall be

inclusive of obligation of compulsory bond for

specialty and super specialty course done in the

Government Medical College of Kerala. The learned

counsel submitted that, as per Ext.P5, the bonded WP(C) NO.6738/2021

service is reduced to one year. Since the

petitioner already completed one year after

completing the specialty course, the petitioner need

not undergo the bonded service after the super

specialty course. This is the sum and substance of

the argument. The learned counsel submitted that in

Paragraph No.3 of Ext.P6, it is clarified that the

bonded service is only one year after completing the

super specialty course.

4. The learned Government Pleader submitted

that a mere reading of Ext.P3 prospectus itself will

show that the petitioner has to undergo bonded

service after the specialty course and also after

the super specialty course. Admittedly, the bonded

service required after the super specialty course as

on now is only one year. The petitioner almost

completed the one year and the bonded service will

expire on 01.11.2021. In such circumstances, this

Court may not interfere with Ext.P7.

5. I perused the pleadings and also considered

the arguments of the petitioner and the learned WP(C) NO.6738/2021

Government Pleader. It will be better to extract

the relevant portion of Ext.P3 prospectus. Clause

10.1.2 of Ext.P3 prospectus is extracted hereunder:

"10.1.2. All candidates admitted to Government Medical Colleges will serve the Government of Kerala in Health Service/Medical Education Service for a period not less than two years continuously after the completion of the course. This total service rendered by him/her shall be inclusive of obligations of compulsory bond for specialty and super-specialty courses done in government Medical Colleges of Kerala (ie, there shall not be separate obligations of two years for both) shall not exceed 2 years. The facility of relieving will not be made available for observership, fellowship or any other courses. The service in Central or any other State Government or other Public Sector Undertakings (except Defence Service) will not count for relaxation of the compulsory services. They shall be relieved only after 2 years and such service should be done without any break immediately after the course. The Principals of the Colleges where they complete the courses shall retain the certificates till such time as proof of the satisfactory completion of the courses given by the competent authorities ie, DMO/Principal of the college where bond posting is given as the case may be.

'All students of Regional Cancer Center-

Thiruvananthapuram shall do compulsory service of not less than 1 year after their Post Graduate course in Regional Cancer Center/MCC or Oncology Department of a Government Medical College(For WP(C) NO.6738/2021

further details regarding compulsory service please refer to the website of RCC-

Thiruvananthapuram(http://www.rcctvm.org/)'"

6. Admittedly, the petitioner joined for the

super specialty course based on Ext.P3 prospectus.

So the petitioner is bound by the Clauses in Ext.P3

prospectus. A reading of Clause 10.1.2 of Ext.P3

prospectus, it is clear that the total service

rendered by the petitioner shall be inclusive of

obligations of compulsory bond for specialty and

super specialty course done in government Medical

Colleges of Kerala. Since 'and' is used after the

specialty and super specialty courses, it is clear

that the bonded service is necessary for the

specialty course and the super specialty course.

Admittedly, the bonded service after super specialty

course is now reduced to one year. In such

circumstances, the petitioner is bound to undergo

one year bonded service after super specialty course

also. The petitioner is relying the beginning part

of the sentence in Clause 10.1.2 of Ext.P3 in which WP(C) NO.6738/2021

it is stated that, "This total service rendered by

him/her shall be inclusive of obligations of

compulsory bond for specialty and super-specialty

courses done in government Medical Colleges of

Kerala (ie, there shall not be separate obligations

of two years for both) shall not exceed 2 years."

But subsequently in the same sentence it is clearly

stated that "specialty and super specialty course".

In such circumstances, according to me, the

contention of the petitioner will not stand. I

perused Ext.P8 judgment also. In that case, this

Court issued orders because of specific clause in

the prospectus. There is no such clause in Ext.P3

prospectus. Therefore, I am not in a position to

accept the contentions of the petitioner. Therefore,

this writ petition is devoid of merit and

accordingly dismissed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

DM WP(C) NO.6738/2021

APPENDIX OF WP(C) 6738/2021

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE POST GRADUATE DEGREE CERTIFICATE IN MS (GENERAL SURGERY) NO. 121520021 DATED 18.2.2016 ISSUED BY KERALA UNIVERSITY OF HEALTH AND SCIENCE.

EXHIBIT P2 A TRUE COPY OF THE CERTIFICATE NO.

G3/23896/2016/GMCT DATED 16.7.2016 ISSUED BY 1ST RESPONDENT.

EXHIBIT P3 A TRUE COPY OF GO(RT) NO. 1921/2017/H&FWD DATED 10.07.2017.

EXHIBIT P4 A TRUE COPY OF THE PROVISIONAL DEGREE CERTIFICATE IN M CH NO. 0111793 DATED 9.11.2020 ISSUED BY KERALA UNIVERSITY OF HEALTH SCIENCES, THRISSUR.

EXHIBIT P5 A TRUE COPY OF GO(MS) NO. 30/2018/H&FWD DATED 20.02.2018.

EXHIBIT P6 A TRUE COPY OF GO(MS) NO. 192/2020/H&FWD DATED 06.11.2020.

EXHIBIT P7 A TRUE COPY OF ORDER NO.G3/21835/2020/GMCT DATED 12.11.2020 OF 1ST RESPONDENT.

EXHIBIT P8 A TRUE COPY OF JUDGMENT IN W.P.C NO.

27652/2016 DATED 2.12.2016 OF HON. HIGH COURT OF KERALA.

EXHIBIT P9 A TRUE COPY OF THE APPLICATION WITH TOKEN ISSUED BY THE TAMILNADU MEDICAL COUNCIL.

EXHIBIT P10 A TRUE COPY OF THE APPICATION DATED 2.3.21 SUBMITTED BEFORE THE 1ST RESPONDENT.

EXHIBIT P11 A TRUE COPY OF THE NO OBJECTION WP(C) NO.6738/2021

CERTIFICATE SL.NO. 960179 DATED 4.2.2021 ISSUED BY TRAVANCORE COCHIN COUNCIL OF MODERN MEDICINE.

RESPONDENTS EXHIBITS : NIL

//TRUE COPY//

PA TO JUDGE