Kerala High Court
Dr. Murugan S vs State Of Kerala on 28 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO. 19134 OF 2024
PETITIONER:
DR. MURUGAN S
AGED 44 YEARS
S/O. K.SIVALINGAM, ASSOCIATE PROFESSOR, DEPARTMENT OF
BIO-CHEMISTRY, INSTITUTE OF INTEGRATED MEDICAL
SCIENCES, GOVERNMENT MEDICAL COLLEGE,
PALAKKAD - 678 013 RESIDING AT HOUSE NO.1012/1,
AYYAPPANKAVU, KARINGARAPULLY, KODUMBA, PALAKKAD,
PIN - 678551
BY ADVS.
P.NANDAKUMAR
VIVEK VIJAYAKUMAR
SILPA SREEKUMAR
MERIN K JIMMY
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
SCHEDULED CASTES/SCHEDULED TRIBES DEVELOPMENT (F)
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 NATIONAL MEDICAL COMMISSION
POCKET -14, SECTOR - 8, DWARAKA, PHASE - I,
NEW DELHI - REPRESENTED BY ITS DIRECTOR,
PIN - 110077
3 KERALA UNIVERSITY OF HEALTH SCIENCES
MEDICAL COLLEGE P.O., THRISSUR,
REPRESENTED BY ITS REGISTRAR,
PIN - 680596
4 THE PRINCIPAL
INSTITUTE OF INTEGRATED MEDICAL SCIENCES,
GOVERNMENT MEDICAL COLLEGE, PALAKKAD,
PIN - 678013
WP(C) NO. 19134 OF 2024
2
BY ADV
ADV K.S. PREJITH KUMAR - SC
ADV - BINNY THOMAS -SC
ADV - NISHA BOSE - GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 19134 OF 2024
3
JUDGMENT
The petitioner is working as the Associate Professor in the
Department of Bio-Chemistry at the Government Medical College,
Palakkad. The grievance of the petitioner is that, as per the
guidelines formulated by the first respondent, with regard to the
appointment of Examiners, one of the qualifications prescribed was
that they must have at least four years of total teaching experience
as Assistant Professor after obtaining post graduation following
M.B.B.S. in the subject. As far as the petitioner is concerned, he do
not have M.B.B.S. qualification. The specific case of the petitioner
is that, a similar claim at the instance of some other non-medical
teachers were considered by this Court in Ext.P4 judgment, and the
said prayer was allowed as per the judgment. The petitioner seeks
the same benefits.
2. Heard Sri.P. Nandakumar, learned counsel for the
petitioner and Sri.K.S. Prenjith Kumar, learned Standing Counsel
appearing for the second respondent.
WP(C) NO. 19134 OF 2024
3. The learned Standing Counsel upon instruction submits
that, the petitioner is similarly situated to that of the petitioners in
Ext.P4 judgment. Therefore, the benefits that were granted to the
petitioners in Ext.P4 can be extended to petitioner herein.
In such circumstances, this writ petition is disposed of,
holding that the petitioner shall be entitled to continue to be
appointed as Examiner, if he was being engaged as Examiner prior
to 01.08.2023. Appropriate orders in this regard shall be passed by
the authorities concerned to ensure the said benefit to the petitioner.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
scs
WP(C) NO. 19134 OF 2024
APPENDIX OF WP(C) 19134/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LETTER DATED
13.02.2020 ISSUED BY THE MEDICAL
COUNCIL OF INDIA
Exhibit P2 TRUE COPY OF THE NOTIFICATION DATED
01.08.2023 AND THE RELEVANT EXTRACT OF
THE GUIDELINES FOR COMPETENCY BASED
MEDICAL EDUCATION CURRICULUM
Exhibit P3 TRUE COPY OF THE INTERIM ORDER DATED
26.10.2023 IN WP(C) NO.34567 OF 2023
Exhibit P4 TRUE COPY OF THE JUDGMENT DATED
26.03.2024 IN WP(C) NO.34567 OF 2023
Exhibit P5 TRUE COPY OF THE EXAMINERS LIST DATED
13.06.2023 ISSUED BY THE 4TH
RESPONDENT
Exhibit P6 TRUE COPY OF THE COMMUNICATION DATED
15.06.2023 ISSUED BY THE 3RD
RESPONDENT TO THE 4TH RESPONDENT
