Kerala High Court
Sreedevi vs State Of Kerala on 26 July, 2023
WP(C) No.22973/2022 1 / 11
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
Wednesday, the 26th day of July 2023 / 4th Sravana, 1945
WP(C) NO. 22973 OF 2022 (V)
PETITIONERS:
1. SREEDEVI, AGED 36 YEARS, W/O SABU.T, SAJU BHAVANAM, VALIYAPADAM,
VILAMTHARA P.O, KOLLAM, KERALA- 690521
2. SABU.T, AGED 41 YEARS, S/O THANKAPPAN SAJU BHAVANAM, VALIYAPADAM,
VILAMTHARA P.O, KOLLAM, KERALA- 690521
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY SECRETARY, MINISTRY OF HEALTH,
SOCIAL JUSTICE AND WOMEN & CHILD DEVELOPMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001
2. DIRECTORATE OF HEALTH SERVICE, REPRESENTED BY PRINCIPAL SECRETARY TO
GOVERNMENT (HEALTH AND FAMILY WELFARE), GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001
3. TALUK HEADQUARTERS HOSPITAL, KARUNAGAPPALLY, REPRESENTED BY ITS
SUPERINTENDENT, KOLLAM -690518
4. DISTRICT MEDICAL OFFICER, 2ND FLOOR, KOLLAM CIVIL STATION, KOLLAM -
691013
5. *[TRAVANCORE-COCHIN MEDICAL COUNCIL], REPRESENTED BY ITS REGISTRAR,
RED CROSS ROAD, THIRUVANANTHAPURAM, KERALA-695035*[THE NAME OF R5 IS
CORRECTED AND SUBSTITUTED AS 'KERALA STATE MEDICAL COUNCIL' INSTEAD
OF 'TRAVANCORE COCHIN MEDICAL COUNCIL' AS PER ORDER DATED 26/07/2023
IN I.A NO-1/2022 IN WP(C) 22973/2022]
6. DR. T.S. SEEMA, AGED 40 YEARS, D/O SOMASEKHARAKURUP RESIDING AT
SEEMA NIVAS, VARANADU P.O, CHERTHALA, ALAPPUZHA-688527
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to issue a writ of mandamus directing the 1st and 2nd respondent
to issue specific guidelines or notification to ensure that appointment
orders are issued to selected candidates only after getting their
educational certificates verified and authenticated by the
Universities/institution that have issued them also to create a list of
the candidates whose education certificates have not been verified and
authenticated by the universities/institutions and enquire into the
academic credentials of such candidates pending disposal of this W.P.(c)
in the interest of justice.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
16.11.2022 and upon hearing the arguments of M/S.S.R.PRASANTH & BHANU
THILAK Advocates for the petitioners, GOVERNMENT PLEADER for R1 to R4 (By
Order), SRI.N.RAGHURAJ Advocate for R5 (By Order) and of M/S.P.C.HARIDAS &
P.S.GOVIND Advocates for R6, the Court passed the following:
WP(C) No.22973/2022 2 / 11
P.V.KUNHIKRISHNAN, J.
------------------------------
W.P.(C)No.22973 of 2022
----------------------------------------------
Dated this the 26th day of July, 2023
ORDER
"Medicine cure diseases, but only doctor
can cure patients". These are the words of Carl
Gustav Jung, a Swiss psychiatrist and psychoanalyst
who is known as the founder of analytical psychology.
This shows the relationship needed between a doctor
and patient. If the facts alleged in this writ petition
are correct, there will be apprehensions in the minds
of public about the doctor's community. It is the duty
of the government to rule out these apprehensions
and to create a doctor friendly atmosphere in our
society. There may not be any doubt that the public
health department of our state is a role model for
other states in the country for which the government
WP(C) No.22973/2022 3 / 11
WP(C) NO.22973 OF 2022
deserve appreciation. But the facts alleged in this
case shows that, more scrutiny is necessary.
2. The facts in this case are like this: On
11.11.2019, the 1st petitioner was admitted in the 3rd
respondent hospital for delivery. Since the 1 st
petitioner was experiencing mild labour pain, she was
directly taken to the labour room is the submission.
Sixth respondent was the Junior consultant
(Gynaecology) in the 3rd respondent hospital. The 6th
respondent monitored 1st petitioner's condition at 3
PM and thereafter left the hospital is the further
submission. Soon after that, the 1st petitioner
experienced severe labour pain. But the 6th
respondent did not turn up is the further statement in
the writ petition. Even though, the nurses of the said
hospital tried to contact the 6th respondent over the
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WP(C) NO.22973 OF 2022
phone, she neither attended the call not cared to
come to the 3rd respondent hospital is the further
statement. Later at 7.40 PM while the 1 st petitioner
was experiencing severe labour pain, a duty nurse
found out that there is cord prolapse and she
intimated the said matter to 6th respondent.
Thereafter only the 6th respondent turned up and did
the LSCS and took the still born baby out. Even the
caesarean operation was protracted due to the
unavailability of anesthetist and pediatrician in the 3 rd
respondent hospital is the further submission. It is
also submitted that the petitioner was asked to pay
Rs.4,000/- to the anesthetist doctor who came from
the private hospital. It is the case of the petitioner
that there were severe laches and willful negligence
on the part of the 6th respondent in not attending the
1st petitioner on time. It is also the case of the
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WP(C) NO.22973 OF 2022
petitioner that, had the doctor performed her duty in
an ordinary prudent nature, the child could have been
saved. Later, on 15.11.2019, the 1 st petitioner was
discharged from the hospital. Since, a suspicion arose
regarding the competency of the doctor to the
petitioners, they enquired about the academic
credentials and qualifications of the doctor. The 6 th
respondent claims to have obtained MBBS, MS in
obstetrics and gynecology.
3. The 2nd respondent filed an application
under the Right to Information Act before the
Mahatma Gandhi Institute of Medical Science, Seva
Gram, Maharashtra from where 6th respondent
claimed to have obtained her Masters Degree. He
received a reply dated 21.01.2020 as evident by Ext
P9, stating that the 6th respondent was admitted in
their Institute for DGO course during the year 2008-
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WP(C) NO.22973 OF 2022
2010 and she failed in the said course and did not
complete the said course. Alleging medical negligence
on the part of the 6 th respondent and claiming
compensation, this writ petition is filed with following
prayers.
"(i) to issue a writ of mandamus or any other
appropriate writ order or direction, commanding
the 1st respondent to pay a compensation of rupees
20 lakhs or such other amount this Hon'ble Court
deems, to the petitioners and to recover the same
from the 6th respondent
(ii) To issue a writ of mandamus directing the 1 st
and 2nd respondent to issue specific guidelines or
notification to ensure that appointment orders are
issued to selected candidates only after getting
their educational certificates verified and
authenticated by the Universities/institution that
have issued them also to create a list of the
candidates whose education certificates have not
been verified and authenticated by the
universities/institutions and enquire into the
academic credentials of such candidates.
(iii) to grant such other order or direction as
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WP(C) NO.22973 OF 2022
this Hon'ble Court deems fit and proper to
grant."[SIC]
4. A statement is filed by the 2 nd respondent
in which Ext.R2(a), a communication of the
Maharashtra University of Health Science, Nasik to
the second respondent is produced. It will be better
to extract the same:
"In context to subject cited above, University
is in receipt of letters referred above alongwith
copies of certificates of Dr. Seema T.S. In this
context, I am directed to inform you that, Seema
T.S was not the student who passed M.S. (Obst &
Gyanacology) from this University in July 2010;
whereas Dr. Tated Manjushreed Lalchand was the
student (bearing P.R.N. No. 2209112930) who has
passed M.S. (Obst & Gynacology) in June 2009 as
per University record.
Further, on scrutiny of the Certificates
submitted by you, it reveals that said Certificates
are not issued by this University. Further, it reveals
that the Seema T.S has submitted forged documents
and misused the name of Maharashtra University of
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WP(C) NO.22973 OF 2022
Health Sciences, Nashik, which is very serious issue
and accordingly your good office may take serious
action against Dr. Seema T.S."
5. It is prima facie clear from the above
communication itself that the 6th respondent
committed serious criminal offences including
misconduct. It is submitted by the learned
Government Pleader that, Crime No.935/2021 is
registered at Karunagappally Police Station. I am of
the opinion that, this case is to be investigated by the
Crime Branch, CBCID. The State Police Chief will
constitute a special investigation team to investigate
this case within one week from the date of receipt of
this order. Action taken report shall be filed by the
investigating team before this court, within one
month. I make it clear that the investigating team
shall investigate the matter untrammelled by any
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WP(C) NO.22973 OF 2022
observation in this order.
6. I am of the prima facie opinion that, the
petitioner made out a prima facie case for
compensation. This court in the judgment dated
20.07.2023 in W.P.(C) No. 26110 of 2012 observed
that, some Legal Battles are not worth winning, while
directing the railway to pay compensation to a
gunshot victim. I am sure that the state government
will also rise to the occasion and redress the
grievance of the petitioner. The 1 st respondent will file
an affidavit about the quantum of compensation that
can be paid to the petitioner, within one month.
Moreover the second prayer in the writ petition,
which is extracted above is also very important.
Certain guidelines is necessary to ensure that
appointment orders of medical practitioners in the
state are issued to selected candidates only after
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WP(C) NO.22973 OF 2022
getting their educational certificates verified and
authenticated by the Universities/institution that have
issued to them. If necessary steps should be taken to
verify the education certificates of all government
doctors working as on today. This is not to demoralize
the hard working doctors in the state, who are our
strength and pride. It is only to make sure that,
culprits are not there in the profession and also to
built confidence to the society. The Government will
state their views in this aspect also in the affidavit.
Issue a copy of this order to the Government pleader,
who will forward this to the first respondent and the
State Police Chief.
Post on 04.09.2023.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
26-07-2023 /True Copy/ Assistant Registrar
WP(C) No.22973/2022 11 / 11
APPENDIX OF WP(C) 22973/2022
Exhibit P9 TRUE COPY OF THE REPLY DATED 21-01-2020 GIVEN BY
MAHATMA GANDHI INSTITUTE OF MEDICAL SCIENCE
Annexure R2(a) True copy of the letter no.MUHS/XPG-X-1/905/2021 dated
19.05.2021 by the Controller of Examination,Maharashtra
University of Health Sciences
26-07-2023 /True Copy/ Assistant Registrar
