Kerala High Court
Dr. Arun V A vs State Of Kerala on 22 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 22ND DAY OF APRIL 2022 / 2ND VAISAKHA, 1944
WP(C) NO. 2043 OF 2022
PETITIONERS:
1 DR.ANIKUTTAN W.H
AGED 33 YEARS
XS/O. WILSON S, KOVILUVILA VEEDU, PULLAMALA
LANE, AMARAVILA P.O, THIRUVANANTHAPURAM 695 122
2 DR. KIRAN KUMAR
AGED 34 YEARS
S/O. KUMARAN K, AISWARYA, CHERUTHARA,
PUDHIYAKAM P.O, PALAKKAD 678 545
BY ADVS.
GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
A.R.DILEEP
P.J.JOE PAUL
MANU SRINATH
RAJAN G. GEORGE
NIMESH THOMAS
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVERNMENT SECRETARIAT, TRIVANDRAM 695 001
2 THE DIRECTOR OF MEDICAL EDUCATION
DIRECTORATE OF MEDICAL EDUCATION, MEDICAL
COLLEGE P.O, THIRUVANANTHAPURAM PIN 695 011,
KERALA
3 POSTGRADUATE COURSE SELECTION COMMITTEE
REPRESENTED THROUGH ITS CHAIRMAN-SECRETARY TO
GOVERNMENT, HEALTH AND FAMILY WELFARE
DEPARTMENT, GOVERNMENT SECRETARIAT,
TRIVANDRUM 695 001
4 SCHEDULED CASTES SCHEDULED TRIBES,
BACKWARD CLASSES WELFARE AND GA DEPARTMENT,
REPRESENTED THROUGH ITS PRINCIPAL SECRETARY,
GOVERNMENT SECRETARIAT, TRIVANDRUM 695 001
W.P.(C) No.2043/2022 & connected cases
:2:
5 GOVERNMENT MEDICAL COLLEGE
PALAKKAD, (ALSO KNOWN AS INSTITUTE OF
INTEGRATED MEDICAL SCIENCE, PALAKKAD)
REPRESENTED THROUGH ITS DIRECTOR, GOVERNMENT
MEDICAL COLLEGE, PALAKKAD, EAST YAKKARA,
KUNNATHURMEDU P.O, PALAKKAD 678 013
6 COMMISSIONER OF ENTRANCE EXAMINATIONS,
HOUSING BOARD BUILDINGS, SANTHI NAGAR,
TRIVANDRUM 695 001
7 NATIONAL MEDICAL COMMISSION
REPRESENTED BY ITS SECRETARY, POCKET-14,
SECTOR-8, DWARAKA PHASE 1, NEW DELHI 110 077
8 POST GRADUATE MEDICAL EDUCATION BOARD OF
NATIONAL MEDICAL COMMISSION
REPRESENTED BY ITS PRESIDENT, POCKET-14, SECTOR
8, DWARAKA PHASE 1, NEW DELHI 110 077
9 UNION OF INDIA
REPRESENTED BY ITS DIRECTOR GENERAL OF HEALTH
SERVICES, THE DIRECTORATE GENERAL OF HEALTH
SERVICES (DGHS) ROOM NO. 446-A, NIRMAN BHAVAN,
RAJPATH AREA, CENTRAL SECRETARIAT, NEW DELHI
DELHI 110 001
10 DR.FIROS AHAMMED.A
AGED 33 YEARS
S/O. M. ABDUL SALIM, JUNIOR RESIDENT/ LECTURER,
DEPARTMENT OF GENERAL SURGERY,
GOVERNMENT MEDICAL COLLEGE, KALAMASSERY,
HMT COLONY, KOCHI 683 503, RESIDING AT SAMEER
MANZIL, P.V. NORTH, THAZHAVA P.O,
KARUNAGAPPALLY,
KOLLAM DISTRICT, PIN 690 523.
(ADDL.R10 IS IMPLEADED AS PER ORDER DT
22.04.2022 IN IA.3/2022 IN WPC.2403/2022)
BY ADVS.
SRI.JAISHANKAR V.NAIR, CGC
N.N.SUGUNAPALAN (SR.)
SRI.T.B.HOOD, GOVERNMENT PLEADER
S.SUJIN
ABDUL SALIM M.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.04.2022, ALONG WITH WP(C).2209/2022,
2244/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.2043/2022 & connected cases
:3:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 22ND DAY OF APRIL 2022 / 2ND VAISAKHA, 1944
WP(C) NO. 2209 OF 2022
PETITIONER:
DR.NANDAKUMAR.R.,
AGED 33 YEARS
S/O.C.RAJAN, "11/265", NANDANAM,
VELLOLI 1 ST LANE, PUTHUR, PIN-678 001, KERALA.
BY ADVS.
GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
A.R.DILEEP
MANU SRINATH
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001.
2 THE DIRECTOR OF MEDICAL EDUCAITON,
DIRECTORATE OF MEDICAL EDUCATION, MEDICAL
COLLEGE P.O., THIRUVANANTHAURAM, PIN-695 011,
KERALA.,
3 POSTGRADUATE COURSE SELECTION COMMITTEE,
REPRESENTED THROUGH ITS CHAIRMAN -SECRETARY TO
GOVERNMENT, HEALTH AND FAMILY WELFARE
DEPARTMENT, GOVERNMENT SECRETARIAT,
TRIVANDRUM-695 001.
4 SCHEDULED CASTES, SCHEDULED TRIBES, BACKWARD
CLASSES SELFARE AND GA DEPARTMENT,
REPRESENTED THROUGH ITS PRINCIPAL SECRETARY,
GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001.
W.P.(C) No.2043/2022 & connected cases
:4:
5 GOVERNMENT MEDICAL COLLEGE, PALAKAKD,
(ALSO KNOWN AS INSTITUTE OF INTEGRATED MEDICAL
SCIENCE, PALAKKAD), REPRESENTED THROUGH ITS
DIRECTOR, GOVERNMENT MEDICAL COLLEGE, PALAKAKD,
EAST YAKAKRA, KUNNATHURMEDU P.O.,
PALAKKAD-678 013.
6 COMMISSIONER OF ENTRANCE EXAMINATIONS,
HOUSING BOARD BUILDINGS, SANTHI NAGAR,
TRIVANDRUM-695 001.
7 NATIONAL MEDICAL COMMISSION,
REPRESENTED BY ITS SECRETARY, POCKET 14, SECTOR
8,M DWARAKA PHASE 1, NEW DELHI-110 077.
8 POST GRADUATE MEDICAL EDUCATION BOARD OF
NATIONAL MEDICAL COMMISSION,
REPRESENTED BY ITS PRESIDENT, POCKET 14, SECTOR
8, DWARKA PHASE1, NEW DELHI-110 077.
9 UNION OF INDIA,
REPRESENTED BY ITS DIRECTOR GENERAL OF HEALTH
SERVICES, THE DIRECTORATE GENERAL OF HEALTH
SERVICES (DGHS), ROOM NO.446-A NIRMAN BHAWAN,
RAJPATH AREA, CENTRAL SECRETARIAT, NEW DELHI,
DELHI-110 001.
10 DR.SHABEENA BASHEER,
AGED 36 YEARS
W/O.MUHAMMED THAHIR, R/O.NASEENA MANZIL,
THANKAYA, TRIKARIPUR, KASARGOD-671 310.
11 DR. GREESHMA SUMANASAN
AGED 34 YEARS
D/O.SUMANASAN, R/O.VILAYIL VEEDU, PANAYARA P.O,
CHEMMANUTHY, PANAYARA,
THIRUVANANTHAPURAM-695 145.
12 DR.SREEJA G,
AGED 40 YEARS
W/O.DEEPAK K.A, KANJIRAMKUZHIYIL, CHOTTANIKKARA
P.O, KANAYANNOOR, ERNAKULAM-682 312.
13 DR.MANOJ ANTHONY,
AGED 36 YEARS
S/O.ANTHONY P.J, R/O. DEEPAM (PARAYANKAL),
AISWARYA LANE, THRIKAKKARA P.O, KOCHI-682 021.
(ADDL R10 TO R13 ARE IMPLEADED AS PER ORDER
DATED 11-02-2022 IN IA 1/2022 IN
WP(C)2209/2022.
W.P.(C) No.2043/2022 & connected cases
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14 DR.SWAVAB.P.
AGED 36 YEARS
S/O ABOOBACKER P, R/O PANTHAKKAL HOUSE,
TANUR P.O., MALAPPURAM, KERALA-676302
15 DR.SHABNA.M.A.
AGED 35 YEARS
D/O MOHAMMED EBRAHIM V S, R/O BEEPAS, OPPOSITE
COURT, PARAPPANANGADI P.O., MALAPPURAM
DISTRICT-676 303
16 DR.ABOOBACKER
AGED 34 YEARS
S/O MOHMAED KUTTY, R/O MADANPATT HOUSE, KALAD,
NIRAMARUTHOOR P.O., MALAPPURAM-676 109
17 DR.AFSAL ASSIS
AGED 35 YEARS
S/O T K ASSIS, R/O ANCHANATTU, ATTIKKAL,
PONKUNNAM P.O., KOTTAYAM-686 506
18 DR.BIPIN.B.PALLATH
AGED 38 YEARS
S/O BHARADWAJ PALLATH, R/O LAL BAAG, CHEMMAD,
TIRURANGADI, MALAPPURAM-676 306
19 DR.ARJUN.A.
AGED 32 YEARS
S/O ARAVINDAKSHAN K, R/O VIGHNESWARAM,
CHERUMKODE, TATTAMANGALAM P.O.,
PALAKKAD-678 102
(ADDL. R14 TO R19 ARE IMPLEADED AS PER ORDER
DATED 21-02-2022 IN IA 2/2022 IN WP(C)
2209/2022)
20 DR.FIROS AHAMMED.A
AGED 33 YEARS
S/O. M. ABDUL SALIM, JUNIOR RESIDENT/ LECTURER,
DEPARTMENT OF GENERAL SURGERY,
GOVERNMENT MEDICAL COLLEGE, KALAMASSERY,
HMT COLONY, KOCHI 683 503, RESIDING AT SAMEER
MANZIL, P.V. NORTH, THAZHAVA P.O,
KARUNAGAPPALLY,
KOLLAM DISTRICT, PIN 690 523.
(ADDL.R20 IS IMPLEADED AS PER ORDER DT
22.04.2022 IN IA.3/2022 IN WPC.2209/2022)
W.P.(C) No.2043/2022 & connected cases
:6:
BY ADVS.
TITUS MANI
SRI.JAISHANKAR V.NAIR, CGC
M.K.CHANDRA MOHANDAS
SRI.T.B.HOOD, GOVERNMENT PLEADER
SHAKTHI PRAKASH
PRATHEEK VISWANATHAN
HARIKRISHNAN M.S.
K.DHRUV KUMAR
S.SUJIN
ABDUL SALIM M.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.04.2022, ALONG WITH WP(C).2043/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.2043/2022 & connected cases
:7:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 22ND DAY OF APRIL 2022 / 2ND VAISAKHA, 1944
WP(C) NO. 2244 OF 2022
PETITIONERS:
1 DR.AMALKUMAR V
AGED 38 YEARS
LECTURER, DEPARTMENT OF GENERAL SURGERY,
GOVERNMENT MEDICAL COLLEGE, EAST YAKKARA,
KUNNATHURMEDU P.O.PALAKKAD-678 013.
2 DR. SARITHA K.M
LECTURER, DEPARTMENT OF GENERAL MEDICINE,
GOVERNMENT MEDICAL COLLEGE, EAST YAKKARA,
KUNNATHURMEDU P.O.PALAKKAD-678 013.
3 DR.NAYANA SUKUMAR,
LECTURER, DEPARTMENT OF GENERAL OF OBSTETRICS
AND GYNAECOLOGY, GOVERNMENT MEDICAL COLLEGE,
EAST YAKKARA, KUNNATHURMEDU P.O.
PALAKKAD-678 013.
BY ADVS.
P.NANDAKUMAR
AMRUTHA SANJEEV
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF HEALTH AND FAMILY WELFARE,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001
2 THE DIRECTOR OF MEDICAL EDUCATION,
MEDICAL COLLEGE P.O.,THIRUVANANTHAPURAM-695 011
3 THE DIRECTOR OF HEALTH SERVICES
PALAYAM-AIRPORT ROAD, NEAR GENERAL HOSPITAL
JUNCTION, THIRUVANANTHAPURAM-695 035.
4 COMMISSIONER FOR ENTRANCE EXAMINATIONS,
HOUSING BOARD BUILDINGS, SANTHI NAGAR,
THIRUVANNATHAPURAM-695 001
W.P.(C) No.2043/2022 & connected cases
:8:
5 THE DIRECTOR,
INSTITUTE OF INTERGRATED MEDICAL SCIENCES
(GOVERNMENT MEDICAL COLLEGE) EAST YAKKARA,
KUNNATHURMEDU P.O.PALAKKAD-678 013.
6 DR,AFSAL ASSIS
LECTURER AS GENERAL SURGERY, GOVERNMENT MEDICAL
COLLEGE, GANDHI NAGAR, KOTTAYAM - 686008
7 DR.GREESHMA SUMANASAN
LECTURER IN GENERAL MEDICINE, GOVERNMENT
MEDICAL COLLEGE, KALAMASSERY,
ERNAKULAM - 683503.
8 DR.MANOJ ANTONY
LECTURER IN GENERAL SURGERY, GOVERNMENT MEDICAL
COLLEGE, KALAMASSRY, ERNAKULAM - 683503.
(ADDL. R6 TO R8 ARE IMPLEADED AS PER ORDER
DATED 04.03.2022 IN IA 3/2022 IN WPC NO.
2244/2022.)
9 DR.FIROS AHAMMED.A
AGED 33 YEARS
S/O. M. ABDUL SALIM, JUNIOR RESIDENT/ LECTURER,
DEPARTMENT OF GENERAL SURGERY,
GOVERNMENT MEDICAL COLLEGE, KALAMASSERY,
HMT COLONY, KOCHI 683 503, RESIDING AT SAMEER
MANZIL, P.V. NORTH, THAZHAVA P.O,
KARUNAGAPPALLY,
KOLLAM DISTRICT, PIN 690 523.
(ADDL.R9 IS IMPLEADED AS PER ORDER DT
22.04.2022 IN IA.4/2022 IN WPC.2403/2022)
BY ADVS.
M.K.CHANDRA MOHANDAS
S.SUJIN
SRI.T.B.HOOD, GOVERNMENT PLEADER
ABDUL SALIM M.
N.N.SUGUNAPALAN (SR.)
K.SATHIYANANDAN PILLAY
SHAKTHI PRAKASH
PRATHEEK VISWANATHAN
K.DHRUV KUMAR
HARIKRISHNAN M.S.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.04.2022, ALONG WITH WP(C).2043/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.2043/2022 & connected cases
:9:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 22ND DAY OF APRIL 2022 / 2ND VAISAKHA, 1944
WP(C) NO. 2480 OF 2022
PETITIONER:
DR. ARUN V A
AGED 33 YEARS
S/O. ARAVINDAKSHAN V N, R/O VENGASSEY HOUSE NO.
38/11
PALIYEKKARA JUNCTION NEAR TOLL PLAZA,
CHITISSERY P.O, THRISSUR, PIN 680 301
PRESENTLY WORKING AS LECTURER, DEPARTMENT OF
ORTHOPAEDICS, GOVERNMENT MEDICAL COLLEGE,
PALAKKAD.
BY ADVS.
JOSE ABRAHAM
N.RAGESH
E.ADITHYAN
MURALEEDHARAN R.
MEERA RAMESH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVERNMENT SECRETARIAT, TRIVANDRUM 695 001
2 THE DIRECTOR OF MEDICAL EDUCATION
DIRECTORATE OF MEDICAL EDUCATION, MEDICAL
COLLEGE P.O, THIRUVANANTHAPURAM PIN 695 011,
KERALA
3 POSTGRADUATE COURSE SELECTION COMMITTEE
REPRESENTED THROUGH ITS CHAIRMAN-SECRETARY TO
GOVERNMENT, HEALTH AND FAMILY WELFARE
DEPARTMENT, GOVERNMENT SECRETARIAT,
TRIVANDRUM 695 001
W.P.(C) No.2043/2022 & connected cases
: 10 :
4 SCHEDULED CASTES SCHEDULED TRIBES,
BACKWARD CLASSES, WELFARE AND GA DEPARTMENT,
REPRESENTED THROUGH ITS PRINCIPAL SECRETARY,
GOVERNMENT SECRETARIAT, TRIVANDRUM 695 001
5 GOVERNMENT MEDICAL COLLEGE
PALAKKAD, ( ALSO KNOWN AS INSTITUTE OF
INTEGRATED MEDICAL SCIENCE, PALAKKAD),
REPRESENTED THROUGH ITS DIRECTOR, GOVERNMENT
MEDICAL COLLEGE, PALAKKAD, EAST YAKKARA,
KUNNATHURMEDU P.O, PALAKKAD 678 013
6 COMMISSIONER OF ENTRANCE EXAMINATIONS
FOR ENTRANCE EXAMINATIONS, HOUSING BOARD
BUILDINGS, SANTHI NAGAR, TRIVANDRUM 695 001
7 NATIONAL MEDICAL COMMISSION
REPRESENTED BY ITS SECRETARY, POCKET 14,
SECTOR, 8, DWARKA PHASE 1, NEW DELHI 110 077
8 POST GRADUATE MEDICAL EDUCATION BOARD OF
NATIONAL MEDICAL COMMISSION, REPRESENTED BY ITS
PRESIDENT, POCKET 14, SECTOR 8, DWARAKA PHASE
1, NEW DELHI 110 077
9 UNION OF INDIA
REPRESENTED BY ITS DIRECTOR GENERAL OF HEALTH
SERVICES, THE DIRECTORATE GENERAL OF HEALTH
SERVICES (DGHS) ROOM NO. 446-A NIRMAN BHAVAN,
RAIPATH AREA, CENTRAL SECRETARIAT, NEW DELHI
DELHI 110 001
BY ADVS.
MANU S., ASG OF INDIA
N.N.SUGUNAPALAN (SR.)
SRI.T.B.HOOD, GOVERNMENT PLEADER
SRI.JAISHANKAR V.NAIR, CGC
JAISHANKAR V.NAIR
TITUS MANI
S.SUJIN
ABDUL SALIM M.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.04.2022, ALONG WITH WP(C).2043/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.2043/2022 & connected cases
: 11 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 22ND DAY OF APRIL 2022 / 2ND VAISAKHA, 1944
WP(C) NO. 6451 OF 2022
PETITIONERS:
1 DR. JYOTHISH .E
AGED 33 YEARS
S/O SUBRAMANIAM, MOOTHEDATHU HOUSE, MORAYUR,
MALAPPURAM,KERALA-673642.
2 DR.NANDAKUMAR.R,
S/O.C.RAJAN, "11/265" NANDANAM, VELLOLI 1 ST
LANE, PUTHUR, PIN-678001, KERALA.
BY ADVS.
GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
A.R.DILEEP
P.J.JOE PAUL
MANU SRINATH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVERNMENT SECRETARIAT,
TRIVANDRUM-695001.
2 THE DIRECTOR OF MEDICAL EDUCATION,
DIRETORATE OF MEDICAL EDUCATION, MEDICAL
COLLEGE.P.O,
THIRUVANANTHAPURAM, PIN-695011, KERALA.
3 POSTGRADUATE COURE SELECTOIN COMMITTEE,
REPRESENTED THROUGH ITS CHAIRMAN-SECRETARY TO
GOVERNMENT,
HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVERNMENT SECRETARIAT,
TRIVANDUM-695001.
4 SCHEDULED CASTES,
SCHEDULED TRIBES, BACKWARD CLASSES WELFARE AND
GA DEPARTMENT,REPRESENTED THROUGH ITS PRINCIPAL
SECRETARY,GOVERNMENT SECRETARIAT,
TRIVANDRUM-695001.
W.P.(C) No.2043/2022 & connected cases
: 12 :
5 GOVERNMENT MEDICAL COLLEGE, PALAKKAD
(ALSO KNOWN AS INSTITUTE OF INTEGRATED MEDICAL
SCIENCE, PALAKKAD),
REPRESENTED THROUGH ITS DIRECTOR,
GOVERNMENT MEDICAL COLLEGE,
PALAKKAD, EAST YAKKARA, KUNNATHURMEDU.P.O,
EAST YAKKARA,
KUNNATHURMEDU.P.O, PALAKKAD-678013.
6 COMMISSIONER FOR ENTRANCE EXAMINATION
HOUSING BOARD BUILDINGS, SANTHI NAGAR,
TRIVANDRUM-695001.
7 NATIONAL MEDICAL COMMISSION
REPRESENTED BY ITS SECRETARY, POCKET-14,
SECTOR-8, DWARKA PHASE-1, NEW DELHI-110077.
8 NATIONAL BOARD OF EXAMINATIONS IN MEDICAL
SCIENCES (NBEMS)
MEDICAL ENCLAVE, ANSARI NAGAR, RING ROAD, NEW
DELHI-110029,
REPRESENTED BY ITS EXECUTIVE DIRECTOR.
9 UNION OF INDIA,
REPRESENTED BY ITS DIRECTOR GENERAL OF HEALTH
SERVICES,THE DIRECTORATE GENERAL OF HEALTH
SERVICES(DGHS), ROOM NO.446-A NIRMAN BHAWAN,
RAJPATH AREA, CENTRAL SECRETARIAT, NEW DELHI,
DELHI-110001.
10 DR.GREESHMA SUMANSAN,AGED 34 YEARS
D/O.SUMANASAN, RESIDENT OF VILAYIL VEEDU,
PANAYARA P.O., CHEMMANUTHY, PARAYARA P.O.,
THIRUVANANTHAPURAM 694145.
11 DR.BIPIN P. PALLATH, AGED 38 YEARS
S/O.BHARADWAJ PALLATH, RESIDENT OF LAL BAAG,
CHEMMAD, THIRURANGADI, MALAPPURAM 676 306.
BY ADVS.
SHRI.T.SANJAY, SC,
SRI.T.B.HOOD, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.04.2022, ALONG WITH WP(C).2043/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.2043/2022 & connected cases
: 13 :
N. NAGARESH, J.
`````````````````````````````````````````````````````````````
W.P.(C) Nos.2043, 2209, 2244, 2480
and 6451 of 2022
`````````````````````````````````````````````````````````````
Dated this the 22nd day of April, 2022
JUDGMENT
~~~~~~~~~
The petitioners in these writ petitions are working
as Medical Officers in the Institute of Integrated Medical
Sciences, Palakkad. The petitioners have approached this
Court aggrieved by the provisions in the Kerala Medical
Officers Admission to Post Graduate Courses under Service
Quota Act, 2008, the Rules made thereunder and the
Prospectus for Admission to Medical Post Graduate Degree
Courses 2021-2022 whereby the petitioners are barred from
consideration of Medical Officers working in the said Medical
College, Palakkad towards the selection under in-service
quota within the State Quota seats in Government Medical
W.P.(C) No.2043/2022 & connected cases
Colleges and Institutions in Kerala.
2. The petitioners state that the Institute of Integrated
Medical Sciences (IIMS), Palakkad is administered by the
Scheduled Caste and Scheduled Tribe Department of
Government of Kerala. The petitioners are working as
Medical Officers in the College. The petitioners in W.P.(C)
Nos.2043, 2209, 2244 and 2480 of 2022 appeared in the
NEET PG-2021 Examination held in September, 2021 and
were qualified. The petitioners in W.P.(C) No.6451/2022
aspire for admission to DNB Post MBBS Degree Course.
The respondents are not considering the petitioners for
admission to Medical PG Courses under the in-service quota
for the reason that the Kerala Medical Officers Admission to
Post Graduate Courses under Service Quota Act, 2008
(hereinafter referred to as 'the Act, 2008', for brevity)
contemplates the in-service quota seats to be allotted only to
Medical Officers working under Health Services Department
(HSD), Medical Education Service (MES) and Insurance
Medical Service (IMS).
W.P.(C) No.2043/2022 & connected cases
3. The petitioners contend that though a Society
named Institute of Integrated Medical Sciences (IIMS) is
formed by the Government of Kerala for running the Medical
College at Palakkad, the Society is wholly owned and
controlled by the Government of Kerala. The Medical
College is treated as a Government Medical College. The
Medical College Hospital has been started to serve the
downtrodden population in Palakkad District, mainly
belonging to Tribal sects. The Medical College Hospital is a
referral Hospital of other Government Tribal Hospitals in the
District. The denial of admission to the petitioners in the in-
service quota for Medical PG Courses, ultimately affects the
Scheduled Caste / Scheduled Tribe population. The Act,
2008 and the Rules made thereunder is a classic example of
'under inclusion' as the Act does not take in Medical Officers
working under IIMS.
4. The learned counsel for the petitioners in W.P.(C)
No.2244/2022 pointed out that the 2 nd respondent-DME has
filed a counter affidavit wherein it has been stated that the
W.P.(C) No.2043/2022 & connected cases
"Government Medical College, Palakkad" is not an institution
functioning under the Department of Medical Education and
that the institution is functioning under the SC/ST
Department. This is a clear admission that the IIMS Medical
College, Palakkad is a Government Medical College.
5. The Government was considering to include the
Medical College at Palakkad also within the ambit of the Act,
2008, as is evident from Ext.P14 (in W.P.(C) No.2244/2022),
but surprisingly, the additional counter affidavit filed on behalf
of the 1st respondent-State of Kerala states that it has
decided not to consider the Medical Officers of the IIMS
Medical College, Palakkad for service quota "in the current
academic year".
6. The learned counsel representing the petitioners
in W.P.(C) Nos.2403/2022 and 2209/2022, relying on the
judgment of the Apex Court in Tamil Nadu Medical Officers
Association and others v. Union of India and others
[(2021) 6 SCC 568] urged that maintenance of public health
is indispensable in view of Article 21 of the Constitution of
W.P.(C) No.2043/2022 & connected cases
India. Right to life includes right to health. Therefore, the
right to health is a fundamental right. Ext.P20 Statement of
Objects and Reasons to the Act, 2008 (in W.P.(C)
No.2043/2022) makes it clear that the benefit of the Act is
meant for all Medical Officers under the State. The Medical
Colleges under the Directorate of Medical Education are
functioning in urban areas alone. Therefore, the benefit of
in-service quota admission to Medical PG Courses granted
to the Medical Officers under the MES will not in any manner
benefit rural population of the State.
7. The counsel for the petitioners further pointed out
that Medical Officers working in the IIMS Medical College are
being deputed to various Tribal Hospitals for treatment of
tribal population. The appointment to the Medical College,
even if they are made by the Society, the Government has to
regularise the appointments. This would show that the
Government has deep and pervasive control over the affairs
of the Medical College at Palakkad. Pointing out at
Ext.R10(a) Vacancy Circular dated 13.01.2022 (in W.P.(C)
W.P.(C) No.2043/2022 & connected cases
No.2209/2022), the learned counsel pointed out that even
the vacancy of Director of the Society is filled up by the
Government. In fact, the Government of Kerala and the IIMS
themselves described the IIMS Medical College as
"Government Medical College" in their various
communications.
8. Relying on the judgment of the Hon'ble Apex
Court in Ramana Dayaram Shetty v. International Airport
Authority of India and others [AIR 1979 SC 1628], the
counsel for the petitioners argued that the IIMS is an agency
of the State. The Government which represents the
executive authority of the State, may act through the
instrumentality or agency of natural persons or it may employ
the instrumentality or agency of juridical persons to carry out
its functions. If Government acting through its officers is
subject to certain constitutional and public law limitations, it
must follow a fortiori that Government acting through the
instrumentality or agency of corporations should equally be
subject to the same limitations.
W.P.(C) No.2043/2022 & connected cases
9. The learned counsel for the petitioners also relied
on the judgment in Ajay Hasia v. Khalid Mujib Sehravardi
and others [AIR 1981 SC 487] and urged that a Society can
be an "authority" and therefore "State" within the meaning of
Article 12. In that case, it must follow that it is subject to the
Constitutional obligation under Article 14. Equality is a
dynamic concept. The classification must be founded on an
intelligible differentia and the differentia must have a rational
relation to the objects sought to be achieved.
10. The Government has treated the IIMS College at
Palakkad as a Government Medical College. The Medical
College is administered by the SC/ST Develoment
Department of the Government of Kerala. The Medical
Officers working in the College cannot be discriminated
vis-a-vis Medical Officers working in the DME/DHS/IMS,
contended the learned counsel for the petitioners.
11. The learned Government Pleader contested the
writ petitions on behalf of the respondents and submitted that
the College where the petitioners are working, is not a
W.P.(C) No.2043/2022 & connected cases
Government Medical College. The College is run by a
Society named IIMS. The petitioners are appointed by the
Society. The Act, 2008, especially Sections 2(b), 2(c), 2(d)
and 2(k) as also Rule 4(ii) and Rule 4(iii), would clearly show
that it is only the Medical Officers working under the
DME/DHS/IMS alone are eligible for admission to PG
Medical Courses under in-service quota.
12. The learned Government Pleader further urged
that when the Act, 2008 was enacted in the year 2008, the
IIMS Medical College in Palakkad was not even in existence.
A decision to start Medical College at Palakkad was taken
only in the year 2012 and the College started functioning in
the academic side only in the year 2014. Therefore, the
petitioners cannot be heard to contend that the Act, 2008 is
bad for under inclusion.
13. The Government Pleader further pointed out that
only the Director of the Society is appointed by the
Government and all other members of the staff of the IIMS
Medical College including Medical Officers are appointed by
W.P.(C) No.2043/2022 & connected cases
the Society only. Ext.P11 order of appointment produced in
W.P.(C) No.2244/2022 would show that appointment orders
to staff members, are issued by the Society.
14. The Society may fall within the ambit of Article 12
of the Constitution of India, but it does not come within the
definition of Government under Section 2(b) of the Act, 2008.
The Government Pleader further argued that the Society is
the appointing authority of the Medical Officers in IIMS
Medical College. In Government services, appointments are
through the Public Service Commission. In the case of the
petitioners, the appointments were done by the Society
directly. A part of the expenditure for running the Medical
College is met through plan funds allocated to the SC/ST
Development Department. From the above, it is evident that
the Medical College at Palakkad is not a Government
Medical College and therefore, the petitioners are not entitled
to any relief in these writ petitions.
15. The learned counsel for the additional
respondents 10 to 19 in W.P.(C) No.2209/2022 and
W.P.(C) No.2043/2022 & connected cases
additional respondents 6 to 8 in W.P.(C) No.2244/2022
vehemently resisted the writ petitions. The counsel for the
additional respondents pointed out that by giving admission
to PG Courses for the persons from the IIMS Medical
College, the Medical Officers from DME will be affected. The
petitioners were not recruited through any regular selection
process. There were even vigilance cases against the
recruitments made by the Society. The Society is an
autonomous body independent from the Government. The
Medical Officers under the Society are not transferable.
While the salary of government servants in Kerala are made
through SPARK, the salary paid to the petitioners are from
Plan Fund transferred to the Society. The service conditions
of the Government Medical Officers and the Medical Officers
in the Palakkad Medical College are different.
16. The learned counsel for the additional
respondents further pointed out that the retirement age of
Government Medical Officers is 62, whereas the petitioners'
retirement age is 70. The Government Medical Officers are
W.P.(C) No.2043/2022 & connected cases
gazetted officers, whereas the petitioners have no gazetted
rank. The additional respondents are governed by the
provisions of the KSR, whereas the petitioners are not
governed by any statutory service rules.
17. The counsel for the additional respondents
underlined that inclusion or non-inclusion of the petitioners
within the ambit of the Act, 2008, is a policy matter, a
decision on which should be left to be taken by the
Government of Kerala. There were other similar Government
Institutions in Kerala registered as Societies and running
Medical Colleges and those Institutions were also not
brought within the ambit of the Act, 2008. The petitioners
therefore cannot raise any grievance.
18. I have heard the learned counsel for the
petitioners, the learned Government Pleader representing
the respondents, respective Standing Counsel representing
the National Medical Commission and National Board of
Examinations in Medical Sciences and the learned counsel
representing the additional respondents.
W.P.(C) No.2043/2022 & connected cases
19. Admission to Post Graduate Medical Courses
under in-service quota is governed by the Act, 2008. The
term "Medical Officer" is defined under Section 2(d) so as to
mean a Doctor with MBBS qualification who is in service
under the control of a Head of Department and includes a
Lecturer or any other Doctor with a different designation as
the Government may specify. Therefore, to be a Medical
Officer eligible for admission under in-service quota, one
should be in service under the control of a Head of
Department. The term "Head of Department" is defined
under Section 2(c) so as to mean the Director of Medical
Education or the Director of Health Services or the Director
of Insurance Medical Services or the Director of Municipal
Administration of the State of Kerala. The petitioners are not
working under any of the Directors falling within the ambit of
"Head of Department" as defined in Section 2(c). Therefore,
undoubtedly, the petitioners, who are working as Medical
Officers under a registered Society, though coming under the
administrative jurisdiction of the SC/ST Development
W.P.(C) No.2043/2022 & connected cases
Department, cannot aspire for admission to Post Graduate
Medical Courses under the in-service quota provided by the
Act, 2008.
20. The petitioners contend that the Society IIMS is
only a mask and it is the Government of Kerala who is
running the IIMS Medical College for all practical purposes.
The petitioners would point out that even the Government
Orders and proceedings of the Director, IIMS in various
communications, have described the College as Government
Medical College. The College is run utilising the Plan Funds
of the Government of Kerala. All the Office Bearers and
Executive Committee of the Society are Government
Officers. The Government has deep and pervasive control
over the Society and even the appointment of the Director of
the Society is made by the Government. Recruitment of staff
of the Society requires regularisation orders by the
Government of Kerala. Therefore, going by the judgments of
the Apex Court in Ramana Dayaram Shetty (Supra) and
Ajay Hasia (Supra), the IIMS Medical College should be
W.P.(C) No.2043/2022 & connected cases
treated at par with other Government Medical Colleges.
21. The argument is that the Society IIMS should be
treated as an instrumentality or agency of the Government
and consequently, the petitioners should be extended with
the benefit of reserved PG Medical Seats under in-service
quota. In Ramana Dayaram Shetty (Supra), the Hon'ble
Apex Court observed that the modern State operates a
multitude of public enterprises and discharges a host of other
public functions and if the functions of the Corporation are of
public importance and closely related to governmental
functions, it would be a relevant factor in classifying the
Corporation as an instrumentality or agency of the
Government.
22. While observing so, the Hon'ble Apex Court laid
down certain tests and criteria to decide whether such a
Corporation / Institution can be treated as an agency of the
Government. The Hon'ble Apex Court, considered the
judgment in Ramana Dayaram Shetty (Supra), in Ajay
Hasia (Supra) and summarised the relevant tests gathered
W.P.(C) No.2043/2022 & connected cases
from the decision in Ramana Dayaram Shetty (Supra) as
follows:
"(1) One thing is clear that if the entire share
capital of the corporation is held by Government it
would go a long way towards indicating that the
corporation is an instrumentality or agency of
Government.
(2) Where the financial assistance of the
State is so much as to meet almost entire
expenditure of the corporation, it would afford some
indication of the corporation being impregnated with
governmental character.
(3) It may also be a relevant
factor.........whether the corporation enjoys
monopoly status which is the State conferred or
State protected.
(4) Existence of deep and pervasive State
control may afford an indication that the Corporation
is a State agency or instrumentality.
(5) If the functions of the corporation of
public importance and closely related to
governmental functions, it would be a relevant factor
in classifying the corporation as an instrumentality or
agency of Government.
(6) Specifically, if a department of
Government is transferred to a corporation, it would
be a strong factor supportive of this inference of the
corporation being an instrumentality or agency of
Government."
An agency of Government whether should be treated as an
"Authority" and "State" within the meaning of the expression
W.P.(C) No.2043/2022 & connected cases
under Article 12, can be determined only on the basis of the
tests prescribed by the Hon'ble Apex Court.
23. The first test prescribed by the Apex Court is as
regards the share capital of the Corporation / Agency. If the
entire share capital is held by the Government, it would go a
long way towards indicating that the agency is an
instrumentality of the State. The pleadings available in the
writ petition would not indicate any capital investment by the
Government in the Society, though there are averments to
the effect that expenditure of the IIMS is met from the Plan
Funds of the Government.
24. The Government Pleader would urge that the
Society is not functioning based on the sole funding of the
Government of Kerala and the Society has its own ways and
means to raise funds. Therefore, it cannot be said that the
Medical College under the Society is run by the Funds of the
Government of Kerala alone. This Court finds that the
materials available in the writ petition are not sufficient to
come to a conclusion as regards the capital fund of the
W.P.(C) No.2043/2022 & connected cases
Society.
25. The Hon'ble Apex Court held that where the
financial assistance of the State is so much as to mean
almost entire expenditure of the Corporation, it would afford
some indication of the Corporation being impregnated with
governmental character. But, in this case, the extent of
financial assistance of the State provided to the Society, is
not discernible.
26. The third test is as regards enjoyment of monopoly
status by the agency. The Society is running a Medical
College Hospital. It cannot be said that the Society has a
monopoly over the Medical Colleges in Kerala. Therefore,
the IIMS does not satisfy the third test prescribed in Ajay
Hasia (Supra).
27. The next test is existence of "Deep and Pervasive
State Control" so as to afford an indication that the Institution
is a State agency or instrumentality. Apart from the averment
in the writ petitions that all members of the Executive
Committee of the Society are Government Officers, the
W.P.(C) No.2043/2022 & connected cases
petitioners have not produced any dependable materials to
decide whether such a Committee has deep and pervasive
"State Control". Neither the bye-laws of the Society nor the
rules and regulations governing the Society are made
available to the Court. It is possible that in spite of all the
members of the Executive Committee being Government
Officers, the Society still has autonomy and the Government
control is limited and regulatory in nature. Therefore, this
Court finds that the petitioners have not established that
there exist deep and pervasive control by the Government
over the Society.
28. Admittedly, the IIMS is not a Society to which a
Department of Government is transferred. The said test is
also not satisfied in the case of the IIMS. If the functions of
Society is of public importance and closely related to
governmental functions, it would be a relevant factor in
classifying the Society as an instrumentality or agency of
Government. It is true that the IIMS is discharging functions
which are closely related to governmental function of
W.P.(C) No.2043/2022 & connected cases
providing medical assistance and health services in a tribal
dominated area. But, that alone is not sufficient to hold that
the IIMS is an instrumentality or agency of Government.
29. The conclusions that can be drawn from the afore
discussions is that the petitioners do not satisfy the
requirements of "Medical Officers" as prescribed under the
Act, 2008 and hence are not entitled to in-service quota
reservations. The petitioners could not establish that the
IIMS is an instrumentality of the State, providing sufficient
materials to show that the IIMS satisfy the tests prescribed
by the Hon'ble Apex Court in Ramana Dayaram Shetty
(Supra) and Ajay Hasia (Supra).
The writ petitions therefore fail and are
consequently dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/23.04.2022
W.P.(C) No.2043/2022 & connected cases
APPENDIX OF WP(C) 2043/2022
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF IDENTITY CARD ISSUED TO
THE 1ST PETITIONER
Exhibit P1A A TRUE COPY OF IDENTITY CARD ISSUED TO
THE 2ND PETITIONER.
Exhibit P2 A TRUE COPY OF THE REGULARISATION AND
APPOINTMENT ORDER DATED 04-04-2020
ISSUED BY 5TH RESPONDENT WITH RESPECT
TO 1ST PETITIONER.
Exhibit P2A A TRUE COPY OF THE REGULARISATION AND
APPOINTMENT ORDER DATED 30-03-2020
ISSUED BY 5TH RESPONDENT WITH RESPECT
TO 2ND PETITIONER
Exhibit P3 A TRUE COPY OF THE ORDER DATED 07-05-
2020 ISSUED BY 5TH RESPONDENT
DECLARING THE SATISFACTORY COMPLETION
OF PROBATION OF 1ST PETITIONER
Exhibit P3A A TRUE COPY OF THE ORDER DATED 06-
052020 ISSUED BY 5TH RESPONDENT
DECLARING THE SATISFACTORY COMPLETION
OF PROBATION OF 2ND PETITIONER.
Exhibit P4 A TRUE COPY OF THE NEET PG 2021
SCORECARD OF THE 1ST PETITIONER.
Exhibit P4A A TRUE COPY OF THE NEET PG 2021
SCORECARD OF THE 2ND PETITIONER
Exhibit P5 A TRUE COPY OF THE KERALA MEDICAL
OFFICERS ADMISSION TO POSTGRADUATE
COURSES UNDER SERVICE QUOTA ACT, 2008
Exhibit P6 A TRUE COPY OF THE KERALA MEDICAL
OFFICERS ADMISSION TO POSTGRADUATE
COURSES UNDER SERVICE QUOTA RULES,
Exhibit P7 A TRUE COPY OF THE G.O(MS) NO.
195/2021/H AND FWD DATED 30-`10-2021
ISSUED BY THE 1ST RESPONDENT
W.P.(C) No.2043/2022 & connected cases
Exhibit P8 A TRUE COPY OF THE GO(MS) NO. 18/2022
H AND FWD DATED 15-01-2022 ISSUED BY
THE 1ST RESPONDENT ALONG WITH THE
RELEVANT PAGES OF PROSPECTUS FOR
ADMISSION TO MEDICAL POST GRADUATE
DEGREE COURSES, 2021-2022 ISSUED BY
THE 2ND RESPONDENT DME
Exhibit P9 A TRUE COPY OF THE NOTIFICATION DATED
15-01-2022 ISSUED BY 6TH RESPONDENT
CEE
Exhibit P10 A TRUE COPY OF THE CERTIFICATE DATED
18-01-2022 ISSUED IN FAVOUR OF THE 1ST
PETITIONER
Exhibit P11 A TRUE COPY OF ACKNOWLEDGMENT PAGE
REGARDING APPLICATIONS SUBMITTED BY
THE 1ST PETITIONER.
P11(a) COPY OF ACKNOWLEDGEMENT PAGE REGARDING
APPLICATIONS BY 2ND PETITIONER.
P12 COPY OF LETTER DT 31.10.2021 BY 2ND
RESPONDENT
P13 COPY OF ORDER DT 2.11.2021 BY 5TH
RESPONDENT
P14 COPY OF COMMUNICATION DT 5.11.2021 BY
5TH RESPONDENT
P15 COPY OF GO DT 20.1.2022
P16 COPY OF GO DT 3.6.2019
P17 COPY OF REPLY DT 31.1.2017
P18 COPY OF COLLEGE4WISE SEAT DISTRIBUTION
OF PG MEDICAL ADMISSION
P19 COPY OF GO DT 2.12.2021
P20 COPY OF STATEMENT OF OBJECTS AND
REASONS TO KERALA MEDICAL OFFICERS
ADMISSION TO PG COURSES UNDER SERVICE
QUOTA ACT, 2008
RESPONDENT EXHIBITS
R1(a) COPY OF PROSPECTUS
R2(a) COPY OF LIST NO.1 PREPARED WITHOUT
INCLUDING CANDIDATES FROM GOVT MEDICAL
COLLEGE PALAKKAD
W.P.(C) No.2043/2022 & connected cases
R2(b) COPY OF LIST NO.2 INCLUDING MEDICAL
OFFICERS OF GOVT MEDICAL COLLEGE
PALAKKAD
W.P.(C) No.2043/2022 & connected cases
APPENDIX OF WP(C) 2209/2022
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF IDENTITY CARD ISSUED TO
THE PETITIONER.
Exhibit P2 A TRUE COPY OF THE REGULARISATION AND
APPOINTMENT ORDER DATED 27.03.2020
ISSUED BY 5TH RESPONDENT WITH RESPECT
TO THE PETITIONER.
Exhibit P3 A TRUE COPY OF THE ORDER DATED
07.05.2020 ISSUED BY 5TH RESPONDENT
DECLARING THE SATISFACTORY COMPLETION
OF PROBATION OF PETITIONER.
Exhibit P4 A TRUE COPY OF THE NEET PG 2021
SCORECARD OF THE PETITIONER.
Exhibit P5 A TRUE COPY OF THE KERALA MEDICAL
OFFICERS ADMISSION TO POSTGRADUATE
COURSES UNDER SERVICE QUOTA ACT, 2008.
Exhibit P6 A TRUE COPY OF THE KERALA MEDICAL
OFFICERS' ADMISSION TO POSTGRADUATE
COURSES UNDER SERVICE QUOTA RULES
2009.
Exhibit P7 A TRUE COPY OF THE GO(MS)
NO.195/2021/H&FWD DATED 30.10.2021
ISSUED BY THE 1ST RESPONDENT.
Exhibit P8 A TRUE COPY OF THE GO(MS) NO.18/2022 H
& FWD DATED 15.01.2022 ISSUED BY THE
1ST RESPONDENT ALONG WITH THE RELEVANT
PAGES OF PROSPECTUS FOR ADMISSION TO
MEDICAL POST GRADUATE DEGREE COURSES,
2021 2022 ISSUED BY THE 2ND RESPONDENT
DME.
Exhibit P9 A TRUE COPY OF THE NOTIFICATION DATED
15.01.2022 ISSUED BY THE 6TH
RESPONDENT CEE.
Exhibit P10 A TRUE COPY OF THE CERTIFICATE DATED
19.01.2022 ISSUED IN FAVOUR OF THE
PETITIONER.
Exhibit P11 A TRUE COPY OF ACKNOWLEDGMENT PAGE
REGARDING APPLICATIONS SUBMITTED BY
THE PETITIONER.
W.P.(C) No.2043/2022 & connected cases
RESPONDENT EXHIBITS
R1(a) COPY OPF GO DT 20.1.2022
R1(a) COPY OF PROSPECTUS
R2(a) COPY OF LIST NO.1 PREPARED WITHOUT
INCLUDING CANDIDATES FROM GOVT MEDICAL
COLLEGE PALAKKAD
R2(b) COPY OF LIST NO.2 INCLUDING MEDICAL
OFFICERS OF GOVT MEDICAL COLLEGE
PALAKKAD
R10(a) COPY OF VACANCY CIRCULAR
W.P.(C) No.2043/2022 & connected cases
APPENDIX OF WP(C) 2244/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF ORDER DATED 27.3.2020 OF
THE 2ND RESPONDENT IN RESPECT OF THE
1ST PETITIONER
Exhibit P2 TRUE COPY OF ORDERS DATED 27.3.2020 OF
THE 2ND RESPONDENT IN RESPECT OF THE
2ND PETITIONER
Exhibit P3 TRUE COPY OF ORDER DATED 6.4.2020
ISSUED BY THE 5TH RESPONDENT
Exhibit P4 TRUE COPY OF ORDER DATED 18.5.2020
ISSUED BY THE 5TH RESPONDENT
Exhibit P5 TRUE COPY OF ORDER DATED 7.5.2020
ISSUED BY THE 5TH RESPONDENT
Exhibit P6 TRUE COPY OF ORDER DATED 3.7.2020
ISSUED BY THE 5TH RESPONDENT
Exhibit P7 TRUE COPY OF GO(MS) NO 18/2022/H&FWD
DATED 15.1.2022 ISSUED BY THE 1ST
RESPONDENT ALONG WITH THE PROSPECTUS
Exhibit P8 TRUE COPY OF THE ACKNOWLEDGMENT PAGE
OF APPLICATION OF THE 1ST PETITIONER
DATED 17.1.2022
Exhibit P9 TRUE COPY OF THE ACKNOWLEDGMENT PAGE
OF APPLICATION OF THE 2ND PETITIONER
DATED 17.1.2022
Exhibit P10 TRUE COPY OF THE ACKNOWLEDGMENT PAGE
OF APPLICATION OF THE 3RD PETITIONER
DATED 17.1.2022
P11 COPY OF LETTER DT 31.10.2021 OF 2ND
RESPONDENT
P12 COPY OF ORDER DT 2.11.2021
P13 COPY OF LIST OF CANDIDATES DT
5.11.2021
P14 COPY OF ORDER DT 5.11.2021 BY 1ST
RESPONDENT
P15 COPY OF ORDER DT 2.12.2021
W.P.(C) No.2043/2022 & connected cases
RESPONDENT EXHIBITS
R1(a) COPY OF GO DT 20.1.2022
R1(a) COPY OF RELEVANT PORTION OF PROSPECTUS
R2(a) COPY OF LIST NO.1 PREPARED WITHOUT
INCLUDING CANDIDATES FROM GOVT MEDICAL
COLLEGE PALAKKAD
R2(b) COPY OF LIST NO.2 INCLUDING MEDICAL
OFFICERS OF GOVT MEDICAL COLLEGE
PALAKKAD
W.P.(C) No.2043/2022 & connected cases
APPENDIX OF WP(C) 2480/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE IDENTITY CARDS ISSUED
TO THE PETITIONER
Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER
DATED 3-5-2017 IN THE DEPARTMENT OF
ORTHOPEDICS ISSUED BY 5TH RESPONDENT
WITH RESPECT TO PETITIONER
Exhibit P3 TRUE COPY OF THE ORDER DATED 7/5/2020
ISSUED BY 5TH RESPONDENT DECLARING THE
SATISFACTORY COMPLETION OF PROBATION
OF PETITIONER ON 4-5-2017 (FN) AS PER
GVT ORDER GO(MS) NO. 9/2020/SC ST DD
AND ORDER NO. 417/E1/GMC/PKD/2020(16)
Exhibit P4 TRUE COPY OF THE NEET PG 2021
SCORECARD OF THE PETITIONER
Exhibit P5 TRUE COPY OF THE KERALA MEDICAL
OFFICERS ADMISSION TO POSTGRADUATE
COURSES UNDER SERVICE QUOTA ACT 2008
Exhibit P6 TRUE COPY OF THE KERALA MEDICAL
OFFICERS ADMISSION TO POSTGRADUATE
COURSES UNDER SERVICE QUOTA RULES,
Exhibit P7 TRUE COPY OF THE GO(MS) NO 18/2022 H
AND FWD DATED 15-1-2022 ISSUED BY THE
1ST RESPONDENT ALONG WITH THE RELEVANT
PAGES OF PROSPECTUS FOR ADMISSION TO
MEDICAL POST GRADUATE DEGREE COURSES,
2021-2022 ISSUED BY THE 2ND RESPONDENT
DME
Exhibit P8 TRUE COPY OF THE NOTIFICATION DATED
30-11-2021 FORWARDED TO THE FIRST
RESPONDENT
Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED
30-11-2021 FORWARDED TO THE FIRST
RESPONDENT
Exhibit P10 TRUE COPY OF THE ORDER DATED 20-01-
2022 ISSUED BY THE FIRST RESPONDENT
Exhibit P11 TRUE COPY OF THE APPLICATION SUBMITTED
BY THE PETITIONER DATED 20-01-2022
W.P.(C) No.2043/2022 & connected cases
RESPONDENT EXHIBITS
R1(a) COPY OF RELEVANT PORTION OF PROSPECTUS
R2(a) COPY OF LIST NO.1 PREPARED WITHOUT
INCLUDING CANDIDATES FROM GOVT MEDICAL
COLLEGE PALAKKAD
R2(b) COPY OF LIST NO.2 INCLUDING MEDICAL
OFFICERS OF GOVT MEDICAL COLLEGE
PALAKKAD
W.P.(C) No.2043/2022 & connected cases
APPENDIX OF WP(C) 6451/2022
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF OFFICE ORDER SHOWING
THE SERVICE DETAILS OF THE 1ST
PETITIONER
Exhibit P1(A) A TRUE COPY OF OFFICE ORDER SHOWING
THE SERVICE DETAILS OF THE 2ND
PETITIONER
Exhibit P2 A TRUE COPY OF NEET-PG 2021 SCORECARD
OF THE 1ST PETITIONER
Exhibit P2(A) A TRUE COPY OF NEET-P5 2021 SCORECARD
OF THE 2ND PETITIONER
Exhibit P3 A TRUE COPY OF THE KERALA MEDICAL
OFFICER'S ADMISSION TO THE
POSTGRADUATE COURSES UNDER SERVICE
QUOTA ACT, 2008
Exhibit P4 A TRUE COPY OF THE KERALA MEDICAL
OFFICER'S ADMISSION TO POSTGRADUATES
COURSES UNDER SERVICE QUOTO RULES,
2009.
Exhibit P5 A TRUE COPY OF THE GO(RT.)NO.363/.2022
H&FWD DATED 15.02.2022 ISSUED BY THE
1ST RESPONDENT ALONG WITH THE
PROSPECTUS FOR ADMISSION TO DNB POST
MBBS DEGREE COURSES, 2021-2022 UNDER
STATE SERVICE QUOTA
Exhibit P6 A TRUE COPY OF THE NOTIFICATION DATED
21.02.2022 ISSUED BY THE 6TH
RESPONDENT-CEE
Exhibit P7 A TRUE COPY OF THE CERTIFICATE DATED
22.02.2022 ISSUED IN FAVOUR OF THE 1ST
PETITIONER.
Exhibit P7(A) A TRUE COPY OF THE CERTIFICATE DATED
22.02.2022 ISSUED IN FAVOUR OF THE 2ND
PETITIONER
Exhibit P8 A TRUE COPY OF ACKNOWLEDGMENT PAGE
REGARDING APPLICATIONS SUBMITTED BY
THE 1ST PETITIONER
W.P.(C) No.2043/2022 & connected cases
Exhibit P8(A) A TRUE COPY OF THE ACKNOWLEDGEMENT
PAGE REGARDING APPLICATIONS SUBMITTED
BY THE 2ND PETITIONER
Exhibit P9 A TRUE COPY OF THE LETTER DATED
23.2.2022 ISSUED BY THE 5TH RESPONDENT
TO THE 2ND RESPONDENT DME
Exhibit P10 A TRUE COPY OF THE JUDGMENT DATED
31.01.2022 IN WA NO.153 OF 2022 AND
CONNECTED CASES.
Exhibit P11 A TRUE COPY OF THE LIST OF CANDIDATES
FOR BEING CONSIDERED FOR ADMISSION
UNDER THE VARIOUS SERVICE QUOTA
PUBLISHED BY THE 2ND RESPONDENT DME ON
05/03/2022.
