Dr. Sabarish.B vs State Of Kerala
2023 Latest Caselaw 8894 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                       WP(C) NO. 24284 OF 2023
WRIT PETITIONER:

          DR. SABARISH.B
          AGED 34 YEARS
          S/O K. BALAKRISHNA PILLAI, KARTHIKA (H),
          PODIYADI P.O., THIRUVALLA.,PIN - 689110
          WORKING AS LECTURER IN GENERAL MEDICINE, GOVERNMENT
          MEDICAL COLLEGE, PALAKKAD.,
          BY ADVS.
          GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
          MANU SRINATH
          NIMESH THOMAS
          SREELAKSHMI R.NAIR


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HEALTH AND
          FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT,
          TRIVANDRUM, PIN - 695001
    2     THE DIRECTOR OF MEDICAL EDUCATION
          DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O.,
          THIRUVANANTHAPURAM, KERALA., PIN - 695011
    3     POSTGRADUATE COURSE SELECTION COMMITTEE
          REPRESENTED THROUGH ITS CHAIRMAN-SECRETARY TO
          GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT,
          GOVERNMENT SECRETARIAT, TRIVANDRUM, PIN - 695001
    4     SCHEDULED CASTES, SCHEDULED TRIBES, BACKWARD CLASSES
          WELFARE AND GA DEPARTMENT
          REPRESENTED THROUGH ITS PRINCIPAL SECRETARY,
          GOVERNMENT SECRETARIAT, TRIVANDRUM, PIN - 695001
    5     GOVERNMENT MEDICAL COLLEGE, PALAKKAD
          (ALSO KNOWN AS INSTITUTE OF INTEGRATED MEDICAL SCIENCE,
          PALAKKAD), REPRESENTED THROUGH ITS DIRECTOR,
          GOVERNMENT MEDICAL COLLEGE, PALAKKAD, EAST YAKKARA,
 WP(C) NO.24284 OF 2023


                                    2



               KUNNATHURMEDU P.O., PALAKKAD, PIN - 678013
    6          COMMISSIONER OF ENTRANCE EXAMINATIONS
               HOUSING BOARD BUILDINGS, SANTHI NAGAR,
               TRIVANDRUM, PIN - 695001
    7          ADDL.R7: DIRECTOR OF HEALTH SERVICES,
               THIRUVANANTHAPURAM - 695 035. ( IS SUO MOTU
               IMPLEADED AS PER ORDER DATED 01/08/2023).
               BY ADV.
               SUMAN CHAKRAVARTHY




OTHER PRESENT:

               SRI. B.S. SYAMANTAK, GOVERNMENT PLEADER



        THIS    WRIT   PETITION    (CIVIL)   HAVING    COME    UP    FOR
ADMISSION       ON   14.08.2023,    THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.24284 OF 2023


                                   3



                P.V.KUNHIKRISHNAN, J.
                 ------------------------------
               W.P.(C) No.24284 of 2023
         ----------------------------------------------
       Dated this the 14th day of August, 2023



                           JUDGMENT

The above writ petition is filed with the following

prayers:

"i) declare that the Exts.P6 communication is illegal, unsustainable in law and issued in direct contradiction and violation of Ext.P5 judgment, to the extent that medical officers of Government Medical College, Palakkad are not considered for selection under Medical Education Service Quota towards the admission to DNB Post MBBS Courses for the year 2023-24;

ii) declare that the Medical officers of Government Medical College, Palakkad, including petitioner are entitled to be considered for selection under Medical Education Service Quota (MESQ)towards the admission to DNB Post MBBS Courses for the year 2023-24;

iii) issue a writ of certiorari or any other appropriate writ direction or order setting aside Exts.P6 communication WP(C) NO.24284 OF 2023

to the extent that medical officers of Government Medical College, Palakkad are not considered for selection under Medical Education Service Quota towards the admission to DNB Post MBBS Courses for the year 2023-24;

iv) issue a writ of mandamus or any other appropriate writ direction or order directing 1st Respondent- Secretary, 2nd Respondent DME, 3rd Respondent- Committee and 6th respondent- CEE to permit the Petitioner to attend the counselling and admission process to Medical Education Service Quota for admission to DNB Post MBBS Courses for the year 2023- 24 under the State Quota and to grant necessary PG admissions to the Petitioner as per merit;

v) the petitioner also prays that this Honourable Court may be pleased to dispense with the translation of the documents produced in the vernacular language;

vi) issue such other further writ, direction or order as deemed fit and necessary in the circumstances;"[SIC]

2. Today, when the matter came up for

consideration, both the counsels submitted that the

prospectus are issued and the prayers in this writ petition

has become infructuous. If that be the case, this writ WP(C) NO.24284 OF 2023

petition can be closed.

Therefore, this writ petition is closed.

Sd/-

                                      P.V.KUNHIKRISHNAN
nvj                                         JUDGE
 WP(C) NO.24284 OF 2023







                 APPENDIX OF WP(C) 24284/2023

PETITIONER EXHIBITS
EXHIBIT P1           TRUE COPY OF THE OFFICE ORDER DATED
                     07.05.2020 ISSUED BY THE 5TH
                     RESPONDENT
EXHIBIT P2           TRUE COPY OF THE NEET-PG 2023
                     SCORECARD OF THE PETITIONER
EXHIBIT P3           TRUE COPY OF THE KERALA MEDICAL

OFFICERS' ADMISSION TO POSTGRADUATE COURSES UNDER SERVICE QUOTA ACT, 2008 EXHIBIT P4 TRUE COPY OF THE KERALA MEDICAL OFFICERS' ADMISSION TO POSTGRADUATE COURSES UNDER SERVICE QUOTA RULES,

EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 25.08.2022 IN WA 764/2022 AND CONNECTED CASES [NEUTRAL CITATION NUMBER: 2022/KER/46990] PASSED BY THE DIVISION BENCH OF THE HON'BLE HIGH COURT EXHIBIT P6 TRUE COPY OF LETTER DATED 20.07.2023 ISSUED BY 2ND RESPONDENT TO THE PRINCIPALS OF ALL GOVERNMENT MEDICAL COLLEGES UNDER DME

RESPONDENTS EXHIBITS :NIL

//TRUE COPY// PA TO JUDGE