Manikandan vs State Of Kerala, Represented By ...
2023 Latest Caselaw 9135 Ker

Citation : 2023 Latest Caselaw 9135 Ker
Judgement Date : 23 August, 2023

Kerala High Court

Manikandan vs State Of Kerala, Represented By ... on 23 August, 2023

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
                   WP(C) NO. 26859 OF 2023
PETITIONERS:
    1     MANIKANDAN
          AGED 26 YEARS
          S/O P. SURESH BABU, MANIMANDIRAM, MOTTAMMEL P.O.,
          KANNAPURAM EAST, KANNUR DISTRICT, PIN - 670331
    2     DR. ARUN JUDE ALPHONSE
          AGED 36 YEARS
          S/O ALPHONSE PERERA, KALICHERRY HOUSE, KAUMUDI
          NAGAR, PALLITHOTTAM, KOLLAM DISTRICT, PIN - 691006
          BY ADVS.K.S.HARIHARAPUTHRAN
          PINKU MARIAM JOSE

RESPONDENTS:
    1     STATE OF KERALA,
          REPRESENTED BY THE PRINCIPAL SECRETARY
          TO HEALTH AND FAMILY WELFARE, GOVERNMENT
          SECRETARIATE, THIRUVANANTHAPURAM., PIN - 695001
    2     KERALA UNIVERSITY OF HEALTH SCIENCES
          MEDICAL COLLEGE, (PO)., THRISSUR DISTRICT, REP. BY
          ITS VICE CHANCELLOR, PIN - 680596
    3     DIRECTOR OF MEDICAL EDUCATION
          DIRECTORATE OF MEDICAL EDUCATION,
          THIRUVANANTHAPURAM., PIN - 695001
    4     THE PRINCIPAL
          GOVERNMENT T.D. MEDICAL COLLEGE HOSPITAL,
          VANDANAM P.O., ALAPPUZHA DISTRICT,, PIN - 688005
    5     THE SUPERINTENDENT
          GOVERNMENT T.D. MEDICAL COLLEGE HOSPITAL,
          VANDANAM P.O., ALAPPUZHA DISTRICT, PIN - 688005
    6     AJU DEV
          CATH LAB TECHNOLOGIST, DEPARTMENT OF CARDIOLOGY,
          GOVERNMENT T.D. MEDICAL COLLEGE HOSPITAL, VANDANAM
          P.O., ALAPPUZHA DISTRICT, PIN - 688005
          BY ADV P.SREEKUMAR


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.08.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C).No.26859/2023

                                    2




                    P.V.KUNHIKRISHNAN, J.
                     --------------------------------
                    W.P.(C).No.26859 of 2023
              ----------------------------------------------
            Dated this the 23rd day of August, 2023


                            JUDGMENT

This writ petition is filed with following prayers:

i) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction, commanding respondents 1 and 3 not to transfer and relieve the 6th respondent from Govt. T.D. Medical College, Alappuzha.

ii) May dispense with filing translation of vernacular documents.

iii) Issue such other order or direction as this Hon'ble Court deems fit and proper to grant.

(SIC)

2. Petitioners are students/trainees in Govt. T.D.

Medical College, Alappuzha, in B.C.V.T. and D.M. Cardiology

courses respectively. It is the case of the petitioners that there

are 5 seats per year for B.C.V.T. course and 3 seats per year for

D.M. Cardiology course in the said college and altogether

there are 20 students for B.C.V.T. course and 9 students for

D.M. Cardiology course, at a time. It is also the case of the WP(C).No.26859/2023

petitioners that in terms of Ext.P1, for 2 seats per year, the

minimum staff requirement of Cath Lab Technologist, having

experience of 2 years or more is one, as instructor. As such,

since there is 5 seats per year in B.C.V.T. course, the minimum

staff requirement, as instructors is 3 is the submission. At

present there are 3 posts and there are 3 qualified Cath Lab

Technologist's working there is the further submission. The 6 th

respondent is one among them. The Cath Lab attached to the

Department of Cardiology, is functioning round the clock for

365 days, in shifts and on call in the night. It is submitted that

the 6th respondent is now transferred to Parippally Medical

College. The grievance of the petitioners, who are the

students, is that if the 6 th respondent is transferred,

recognition of the course itself will be in trouble. Hence this

writ petition.

3. Heard the learned counsel for the petitioners and

the learned Government Pleader.

4. The counsel for the petitioners reiterated the

contentions raised in this writ petition. The Government

Pleader, after getting instructions, submitted that the 6 th

respondent was transferred to Parippally Medical College only WP(C).No.26859/2023

on working arrangement for a period of one month. He will

come back to the petitioners' institution after completing one

month. It is also submitted that there is no question of non-

recognition of the course, as stated by the petitioners, during

this one month. It is also submitted by the Government

Pleader that the transfer of the 6 th respondent to Parippally

Medical College was due to an emergent situation.

5. In the light of the above submission and also in the

light of the fact that the 6 th respondent will come back after

one month, I think the petitioners' grievance is redressed.

Therefore, this writ petition is disposed of recording the

submission of the Government Pleader.

sd/-

                                       P.V.KUNHIKRISHNAN
JV                                            JUDGE
 WP(C).No.26859/2023





                 APPENDIX OF WP(C) 26859/2023

PETITIONER EXHIBITS
Exhibit P1        TRUE COPY OF PAGE NOS 1, 2 AND 11 OF
                  THE REGULATIONS, CURRICULUM AND
                  SYLLABUS OF B.C.V.T., ISSUED BY THE
                  2ND RESPONDENT
Exhibit P2        TRUE COPY OF THE REPRESENTATION DATED

27-07-2023 SUBMITTED BY THE PROFESSOR AND HEAD OF THE DEPARTMENT OF CARDIOLOGYTO THE 5TH RESPONDENT Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 04-08-2023 SUBMITTED BY THE PROFESSOR AND HEAD OF THE DEPARTMENT OF CARDIOLOGY TO THE 4TH RESPONDENT Exhibit P4 TRUE COPY OF REPRESENTATION DATED 13-