Kerala High Court
Dr.Naseer Chakkiparambil vs State Of Kerala on 27 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
WP(C) NO. 13828 OF 2013
PETITIONER:
DR.NASEER CHAKKIPARAMBIL
ASSISTANT SUREGEON, PRIMARY HEALTH CENTRE,
P.O.NEDIYIRIPPU, KONDOTTY, 673638, RESIDING AT
C.P.HOUSE, KALOTH, KONDOTTY.
BY ADV SRI.V.RAJENDRAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH
& FAMILY WELFARE DEPARTMENT, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM-695 001
2 THE COMMISSIONER FOR ENTRANCE EXAMINATION
HOUSING BOARD BUILDING, SHANTHINAGAR,
THIRUVANANTHAPURAM-695 001.
3 THE DIRECTOR OF MEDICAL EDUCATION
DIRECTORATE OF MEDICAL EDUCATION,
THIRUVANANTHAPURAM-695 011.
OTHER PRESENT:
SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.05.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.13828/2013
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.13828 of 2013
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Dated this the 27th day of May, 2022
JUDGMENT
This writ petition is filed with following prayers:
i. Direct the respondents by the issue of a writ in
the nature of mandamus or other appropriate writ
order or direction to consider the petitioner's
application for admission to P.G. Course without
insisting on production of income certificate.
ii. Declare that the prescription of Rs.4.5.Lakh as
the limit of annual family income of a candidate
for consideration under the Service Quota is
arbitrary and discriminatory and therefore illegal.
iii. Issue such other writ, order or direction as this
Hon'ble Court deem fit in the facts and
circumstances of the case; and award the costs of
these proceedings.
(SIC)
2. When this writ petition came up for consideration
on 28.05.2013, this Court passed the following order:
"Admit. Urgent notice.
With regard to the interim relief sought for, to
process the application of the petitioner for
W.P.(C).No.13828/2013
admission to Medical P.G. Degree/Diploma without
imposing any condition as to the annual family
income, the petitioner seeks to assert that the
stipulation with reference to the annual income was
incorporated after the process of selection by the
National Board of Examinations by way of NEET P.G.,
which was conducted in November, 2012 wherein the
petitioner has become successful.
2. The subject matter of challenge pertains
to the selection in respect of 'in-service candidates'.
The petitioner is working as a Doctor in the Taluk
Hospital, Shasthamkotta and is having 8 years of
service. The stipulation in Clause No.VI (iv) in
Ext.P5 prospectus approved by the State
Government insists that the candidates claiming
reservation under 'SEBC Quota' should invariably
produce Community and Income Certificates
obtained from the concerned Revenue authorities
and that the persons. having annual income of more
than Rs. 4.5 lakhs are not eligible for reservation or
any other relaxation.
3. Mr. Mathai M. Paikeday, the learned Senior
Counsel appearing for the petitioner submits that the
said stipulation is rather onerous and does not have
any nexus to the object, if any, and that it does not
have any basis in relation to the actual facts and
figures.
4. The learned Government Pleader appearing
for the respondents submits on instructions, that the
entry level salary in respect of the Doctors in the
W.P.(C).No.13828/2013
Medical Education Service is Rs.60,000/-, while that
of the Doctors in the Health Service Department is
Rs.40,000/- per month. This naturally shows that the
annual income of a Doctor at the entry level in the
Health Department itself is 4.8 lakhs. The petitioner
is a Doctor working in the Taluk Hospital for nearly 8
years, who would have earned several increments by
this time. Even a entry Doctor having an entry level
salary of Rs.40,000/-, will stand let down by the
stipulation now fixed. If the ceiling as now appears is
let to stand, no Doctor, even at the entry level who is
working in the Health Service Department or in the
Medical Education service could be considered for
Medical P.G. Admissions. In the said circumstance,
this Court finds that, there is considerable force in
the case projected from the part of the petitioner.
Accordingly, there will be an interim order as
prayed for, which shall be subject to the result of the
writ petition. The respondents are directed to file
counter affidavit."
3. As per the interim order, this Court directed the
respondents to consider the petitioner's application for
admission to P.G Course without insisting on production of
income certificate. The order was passed on 28.05.2013. At
this distance of time, I think nothing survives in this case. The
interim order can be retained and the writ petition can be
closed.
W.P.(C).No.13828/2013
Therefore, this writ petition is closed retaining the
interim order dated 28.05.2013. I make it clear that the points
raised in this writ petition are left open.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.13828/2013
APPENDIX OF WP(C) 13828/2013
PETITIONER EXHIBITS
EXHIBIT P1.TRUE COPY OF THE ADMIT CARD
ISSUED TO THE PETITIONER FOR THE NEET
EXHIBIT P2.TRUE COPY OF THE RESULT OF
THE PETITIONER
EXHIBIT P3.TRUE COPY OF THE FIRST PAGE
OF THE APPLICATION SUBMITTED BY THE
PETITIONER FOR PG ADMISSION.
EXHIBIT P4.TRUE COPY OF THE NON CREAMY
LAYER CERTIFICATE IN RESPECT OF THE
PETITIONER.
