Kerala High Court
Dr. Arjun.A vs Secretary To Government on 11 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 11TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943
WP(C) NO. 3179 OF 2012
PETITIONERS:
1 DR. ARJUN.A.
GOVINDALAYAM, NEDUMPRAKKAD, CHERTHLA.P.O., ALAPPUZHA,
PIN-688 524.
2 DR.YUNUS.K.K.
KOTTEKODE HOUSE, CHEMMANIYODE P.O., MALAPPURAM.
3 DR.SANDHYA VIJAYAN
KADAVATH HOUSE, AYYAPPAN KAVU P.O.,
THRISSUR, PIN-680 751.
4 DR.REKHA.P.S.
PLOT NO.III, PRIYADARSINI NAGAR, PARAVATTANI, THRISSUR,
PIN-680 005.
5 DR.KEVIN KOSHY JACOB
TC 2/3394 (17), KRA-60, KEDARAM NAGAR, CHALAKKUZHY
ROAD, PATTAM PALACE P.O.,
THIRUVANANTHAPURAM, PIN-695004.
6 DR.SREEJITH BABU U.S.
P.K.PUTHENVEEDU, NARUVAMOODU P.O.,
THIRUVANANTHAPURAM-PIN-695020.
7 DR.SREEVEENA.G.
2/944, KARUNYA, PUTHUPPALLY LANE, MEDICAL COLLEGE P.O.,
THIRUVANANTHAPURAM-PIN-695011.
8 DR.LOUJI BHASKARAN
ASHIANA, MADAPPILLY COLLEGE, VADAKARA,
KOZHIKODE-673102.
9 DR.LEKHA.P.K.
PULICKALEDATH HOUSE, RAMAPURAM BAZAR.P.O., KOTTAYAM,
PIN-686576.
10 DR.ANJU.K.BABU
SREETHILAKAM, SURABHI GARDENS, PALLISSERY P.O.,
THRISSUR-PIN-680 027.
11 DR.YOUSEF HISHAM
WP(C) NO. 3179 OF 2012
2
VALLIL HOUSE, CHERUR P.O.,
MALAPPURAM, PIN-676314.
12 DR.SHANAVAS.K.
KAKKAT HOUSE, PULAMANTHOLE.P.O., MALAPPURAM.
13 DR.SANDEEP GOPAL
ELARANKOTT HOUSE, FEROKE COLLEGE.P.O.,
KOZHIKODE.
14 DR.SHAMSEER PALORA
PALORA HOUSE, NEAR ARD-19, NALLALAM.P.O.,
KOZHIKODE, PIN-673 027.
15 DR.VARADA ARAVINDAN
KIDANGAPPILLY HOUSE, CHEMBUTHARA,
PATTIKKAD.P.O., THRISSUR, PIN-680 652.
16 DR.NANOO PRATIBHA SIVAPRASADAN
PRATHIBHA, VRA-104, VADAKKUMBAGHOM, KOLLAM,
PIN-691001.
17 DR.MOHAMMED SHAMEEM.P.M.
12/1214, AL-AMEEN, PANAYAPILLY,
KOCHI, PIN-682 002.
BY ADVS.
SRI.VIJAYAN. K.U.
SRI.K.N.SREEKUMARAN
RESPONDENTS:
1 SECRETARY TO GOVERNMENT
HEALTH & FAMILY WELFAARE DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM- 695 001.
2 DIRECTOR OF MEDICAL EDUCATION
THIRUVANANTHAPURAM - 695 004.
3 DIRECTOR OF HEALTH SERVICES
THIRUVANANTHAPURAM - 695 001.
4 PRINCIPAL
GOVERNMENT MEDICAL COLLEGE,
WP(C) NO. 3179 OF 2012
3
THRISSUR - 680 751.
5 PRINCIPAL
GOVERNMENT MEDICAL COLLEGE,
KOZHIKODE - 673 102
6 PRINCIPAL
GOVERNMENT MEDICAL COLLEGE,
THIRUVANANTHAPURAM - 695 004.
7 PRINCIPAL
GOVERNMENT MEDICAL COLLEGE,
ALAPPUZHA - 687 001.
8 PRINCIPAL
GOVERNMENT MEDICAL COLLEGE, KOTTAYAM - 686
576.
SMT.VIDYA KURIAKOSE, GOVERNMENT PLEADER.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.01.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 3179 OF 2012
4
P.V.KUNHIKRISHNAN, J
-------------------------------------
W.P.(C)No.3179 of 2012
-------------------------------------
Dated this the 11th day of January, 2022
JUDGMENT
The above writ petition is filed with following
prayers:
"i) call for records leading to Ext.P2 order and quash
the same by issuance of a writ of certiorari.
ii) issue a writ of mandamus or any other writ,
direction or order directing the respondents 4 to 8 to
relieve the petitioners on completion of the period
prescribed under Ext-P1 Government Order subject to
eligibility.
iii) direct the respondents 4 to 8 to cause issuance of
completion certificate, bond furnished and return of
proof of qualifications furnished by the petitioners within
a time frame found fit and proper by this Honourable
Court, if found eligible, ignoring Ext-P2 direction.
iv) grant any other relief found fit and proper by this
Honourable Court on the facts and in the circumstances
of the case including award of cost to the petitioners."
2. When this writ petition came up for
consideration on 24.02.2012, this court passed the
following order:
WP(C) NO. 3179 OF 2012
"Admit.
The learned Government Pleader takes notice on
behalf of the respondents.
The learned Government Pleader submits that
subsequent to Ext.P1, another Government order has
been passed making it obligatory on the part of the
petitioners and the persons like them to continue
bonded obligation as provided in that order. Prima facie,
I am not satisfied that the petitioners can be made liable
for any further obligation other than what is contained in
the bonds executed by them at the time of admission.
In the above circumstances, there would be an interim
order directing the respondents to see that the
petitioners are relieved on completion of the one year
period of bonded obligation as contemplated in Ext.P1
order, on the petitioners executing bonds undertaking to
serve the Government for the balance period, if
ultimately the writ petition is dismissed."
In the light of the above order, no further order is
necessary. Recording the order dated 24.02.2012, this
writ petition is closed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
WP(C) NO. 3179 OF 2012
APPENDIX OF WP(C) 3179/2012
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE GOVERNMENT ORDER
NO.G.O.(MS)533/08/H&FWD DTD.7-10-
2008.
EXHIBIT P2 TRUE COPY OF THE ORDER
NO.B9/29496/2008/DME DTD.19-1-2011
ISSUED BY THE 2 RESPONDENT.
ND
EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER IN
W.P.(C) NO.4380/2011 DTD.4-3-2011 OF
THIS HONOURABLE COURT.
EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER IN
W.P.(C)NO.10060/2011 DTD,30-3-2011 OF
THIS HONOURABLE COURT.
EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN
W.P.(C)NO.18101/2011 DTD.5-7-2011 OF
THIS HONOURABLE COURT.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY//
PA TO JUDGE
