Kerala High Court
Dr. Trivedi Maharshi Dineshbhai vs State Of Kerala on 12 June, 2025
W.A.Nos.133 & 155 of 2023 1 2025:KER:40817
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
TH
THURSDAY, THE 12
DAY OF JUNE 2025 / 22ND JYAISHTA,
1947
WA NO. 155 OF 2023
AGAINST THE JUDGME OF HIGH CNT DATED 16.12.2022 IN
WP(C) NO.6122 OF 2022OURT OF KERALA
APPELLANTS:
1
R. TRIVEDI MAHARSHI DINESHBHAI,
D
AGED 31 YEARS
S/O DINESHBHAI TRIVEDI, A-2/70, INDRADEEP
SOCIETY, OPP VIKAS GRUH, JAMNAGAR, GUJARAT,
PIN - 361008
2
R. MANU PAUL
D
AGED 34 YEARS
S/O T.M. POULOSE, THELAPPILLY HOUSE,
AIKKATTUKADAVU, PEECHANIKKADU, PULIYANAM P.O.,
ANGAMALY, ERNAKULAM, PIN - 683572
3
R. MINTU MATHEW ABRAHAM
D
S/O K.M. ABRAHAM, CHIRAVATHARAYIL HOUSE,
PARAMPUZHA P.O., KOTTAYAM, PIN - 686004
4
R. ARUN.V.
D
S/O MR. K.C. VASUDEVAN, KUMARASSERI HOUSE,
MULAKULAM NORTH P.O., PIRAVOM, ERNAKULAM
DISTRICT, PIN - 686664
5
DR. GAYATRI GOPAN
W.A.Nos.133 & 155 of 2023 2 2025:KER:40817
/O K. GOPALAKRISHNAN, DWARAKA, NEXT TO SBI
D
(NEAR ARTECH TOWERS), SASTHAMANGALAM,
THIRUVANANTHAPURAM, PIN - 695010
6
R. HARISH KUMAR
D
FLAT NO.3, TC 13/1566-5, (BREA-70), KALPANA
ENCLAVE, SAUBHAGYA LANE, KALAKAMUDI ROAD,
KUMARAPURAM, THIRUVANANTHAPURAM,
PIN - 695011
7
R. VENKATANGA SRINIVAS.M.
D
BE2, BHASKAR SADHANAM, BREEZE ENCLAVE
STREET, ARAKKULAM ROAD, ULLOOR JUNCTION,
THIRUVANANTHAPURAM, PIN - 695011
8
R. SANDEEP KUMAR BEHERA
D
MULLOTH AMBADY ENCLAVE, CHITTOOR ROAD,
ERNAKULAM, KOCHI, PIN - 682011
Y ADVS.
B
SRI.R.T.PRADEEP
SMT.M.BINDUDAS
SRI.K.C.HARISH
RESPONDENTS:
1
TATE OF KERALA,
S
REPRESENTED BY ITS SECRETARY,
HEALTH AND FAMILY WELFARE DEPARTMENT,
THIRUVANANTHAPURAM, PIN - 695001
2
IRECTOR OF MEDICAL EDUCATION
D
DIRECTORATE OF MEDICAL EDUCATION,
MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM,
PIN - 695011
3
IRECTOR
D
REGIONAL CANCER CENTRE, MEDICAL COLLEGE CAMPUS,
THIRUVANANTHAPURAM, PIN - 695011
W.A.Nos.133 & 155 of 2023 3 2025:KER:40817
4
IRECTOR
D
COCHIN CANCER RESEARCH CENTRE,
ERNAKULAM GOVERNMENT MEDICAL COLLEGE COMPOUND,
HMT COLONY, NORTH KALAMASSERY, ERNAKULAM
DISTRICT, PIN - 683503
5
ATIONAL MEDICAL COMMISSION
N
POCKET-14, SECTOR-8, DWARAKA PHASE-1,
NEW DELHI, PIN - 110077
Y ADVS.
B
SRI.ATHUL SHAJI
SHRI.TITUS MANI VETTOM, SC, MEDICAL COUNCIL
OF INDIA
SHRI.K.S.PRENJITH KUMAR, SC, NATIONAL MEDICAL
COMMISSION
SRI.K.P.HARISH - SR GP
THIS
WRIT APPEAL
HAVING
BEEN
FINALLY
HEARD
ON
5.06.2025,
0 ALONG WITH
WA.133/2023, THE
COURT ON
12.06.2025 DELIVERED THE FOLLOWING:
W.A.Nos.133 & 155 of 2023 4 2025:KER:40817
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
TH
THURSDAY, THE 12
DAY OF JUNE 2025 / 22ND JYAISHTA,
1947
WA NO. 133 OF 2023
AGAINST THE JUDGMENT DATED 16.12.2022 IN WP(C) NO.38205 OF
2022 OF HIGH COURT OF KERALA
APPELLANTS:
1
R. JINO SEBASTIAN
D
AGED 32 YEARS
S/O SEBASTIAN, SENIOR RESIDENT,
SURGICAL ONCOLOGY, REGIONAL CANCER CENTRE, POST
OFFICE BOX NO.2417, MEDICAL COLLEGE CAMPUS,
THIRUVANANTHAPURAM - 695011. RESIDING AT
EARIMATTATHIL (H) KAROOR P.O., PALA,
KOTTAYAM, PIN - 686574
2
R. ARUN.K. BALAN
D
AGED 33 YEARS
S/O BALAN, SENIOR RESIDENT, SURGICAL ONCOLOGY,
REGIONAL CANCER CENTRE, POST OFFICE BOX NO.2417,
MEDICAL COLLEGE CAMPUS, THIRUVANANTHAPURAM -
695011. RESIDING AT ANJALI H, MELAKKAM, MANJERI,
MALAPPURAM, PIN - 676123
3
R. SIVAPRAGASH
D
AGED 32 YEARS
S/O SAMIKKANNU, SENIOR RESIDENT, SURGICAL
ONCOLOGY, REGIONAL CANCER CENTRE, POST OFFICE
BOX NO.2417, MEDICAL COLLEGE CAMPUS,
W.A.Nos.133 & 155 of 2023 5 2025:KER:40817
HIRUVANANTHAPURAM - 695011. RESIDING AT 4/425,
T
FIRST CROSS, AMMAN NAGAR, KATTUR, TRICHY,
TAMILNADU, PIN - 620019
4
R. SYAMKUMAR HARIHARAN
D
AGED 32 YEARS
S/O HARIHARAN, SENIOR RESIDENT, SURGICAL
ONCOLOGY, REGIONAL CANCER CENTRE, POST OFFICE
BOX NO.2417, MEDICAL COLLEGE CAMPUS,
THIRUVANANTHAPURAM 695011. RESIDING AT #801 A
BLOCK, DIVYA MSR GATEWAY APARTMENTS,
MATHIKERE, GOKULA, BANGALORE, PIN - 560054
5
R. ABINAYA.R.N.
D
AGED 35 YEARS
D/O ANITHA, SENIOR RESIDENT, SURGICAL
ONCOLOGY, REGIONAL CANCER CENTRE, POST OFFICE
BOX NO.2417, MEDICAL COLLEGE CAMPUS,
THIRUVANANTHAPURAM - 695011. RESIDING AT 4C,
ARTECH EMPIRE, PATTOOR JUNCTION,
THIRUVANANTHAPURAM, PIN - 695035
6
R. DEEPAK BOSE
D
AGED 41 YEARS
S/O M.C. BOSE, SENIOR RESIDENT, GYNAECOLOGICAL
ONCOLOGY, REGIONAL CANCER CENTRE, POST OFFICE
BOX NO.2417, MEDICAL COLLEGE CAMPUS,
THIRUVANANTHAPURAM - 695011. RESIDING AT
‘ASHIRWAD', ELUKKATTUPARAMBA, PARAMBATH,
KARUVISSERY P.O., KOZHIKODE, PIN - 673010
7
R. AJAY SANKAR
D
AGED 36 YEARS
S/O UDAYASANKAR.P., SENIOR RESIDENT, PEDIATRIC
ONCOLOGY, REGIONAL CANCER CENTRE, POST OFFICE
BOX NO.2417, MEDICAL COLLEGE CAMPUS,
THIRUVANANTHAPURAM - 695011, RESIDING AT HOUSE
296-C, NEERAZHI LINE, ULLOOR, MEDICAL COLLEGE
P.O., THIRUVANANTHAPURAM 695011.
8
R. THIRUMALA.C.
D
AGED 31 YEARS
D/O ANITHA, SENIOR RESIDENT, PEDIATRIC
W.A.Nos.133 & 155 of 2023 6 2025:KER:40817
NCOLOGY, REGIONAL CANCER CENTRE, POST OFFICE
O
BOX NO.2417, MEDICAL COLLEGE CAMPUS,
THIRUVANANTHAPURAM - 695011. RESIDING AT # 91,
2ND MAIN, 4TH CROSS, WIDIA LAYOUT, VIJAYNAGAR,
BANGALORE, PIN - 560040
Y ADVS.
B
SRI.R.T.PRADEEP
SMT.M.BINDUDAS
SRI.K.C.HARISH
RESPONDENTS:
1
HE STATE OF KERALA
T
REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2
EALTH AND FAMILY WELFARE DEPARTMENT
H
REPRESENTED BY ITS PRINCIPAL SECRETARY,
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3
EGIONAL CANCER CENTRE
R
REPRESENTED BY ITS DIRECTOR, P.O. BOX NO.2417,
MEDICAL COLLEGE CAMPUS, THIRUVANANTHAPURAM,
PIN - 685011
4
IRECTOR
D
REGIONAL CANCER CENTRE, P.O. BOX NO.2417,
MEDICAL COLLEGE CAMPUS, THIRUVANANTHAPURAM,
PIN - 695011
5
ERALA UNIVERSITY OF HEALTH SCIENCES
K
REPRESENTED BY ITS REGISTRAR, MEDICAL
COLLEGE.P.O., THRISSUR, PIN - 680596
6
ATIONAL MEDICAL COMMISSION
N
REPRESENTED BY ITS SECRETARY, POCKET-14,
SECTOR-8, DWARAKA, NEW DELHI, PIN - 110077
W.A.Nos.133 & 155 of 2023 7 2025:KER:40817
Y ADVS.
B
SRI.ATHUL SHAJI
SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH
SCIENCES
SHRI.TITUS MANI VETTOM, SC, MEDICAL COUNCIL OF
INDIA
SHRI.K.S.PRENJITH KUMAR, SC, NATIONAL MEDICAL
COMMISSION
SRI.K.P.HARISH - SR GP
HIS
T WRIT APPEAL
HAVING
BEEN
FINALLY HEARD
ON
05.06.2025,
ALONG
WITH
WA.155/2023,
THE
COURT
ON
12.06.2025
DELIVERED THE FOLLOWING:
W.A.Nos.133 & 155 of 2023 8 2025:KER:40817
JUDGMENT
[WA Nos.155/2023, 133/2023]
Sushrut Arvind Dharmadhikari, J.
Regard being had to the similitude with the judgment
passed by the learned Single Judge in W.P.(C)Nos.6122 of
2022 and 38205 of 2022 dated 16.12.2022, both these
appeals were heard analogously and are being disposed of
by a common judgment.
2. The present writ appeals have been filed assailing
the common judgment dated 16.12.2022 passed in
W.P.(C)Nos. 6122 of 2022 and 38205 of2022,wherebythe
writ petitions have been allowed with a further direction to
the competent Authoritytoreconsiderthematter,adverting
to the regulations and after affording the petitioners an
opportunity of being heard; and to take appropriate action
thereon, as expeditiously as is possible, but not later than
two months from the date of receipt of a copy of the
judgment.
3. This Court vide order dated 24.01.2023 had issued
W.A.Nos.133 & 155 of 2023 9 2025:KER:40817
notice to the respondents 1 and 2; but, however, observed
thatissuanceofnoticeshallnotbeunderstoodbyanyofthe
respondents herein who are directed to carry out the
exercise by the judgment under appeal - as initiating any
actionagainstthem.Thedecisionshall,however,besubject
to further orders in this behalf.
4. The learned counsel for the appellants contended
that the directions issued by the learned Single Judge is
arbitrary, perverse, unreasonable and violative of Article14
of the Constitution of India. The learned counsel further
contended that when the learned Single Judge has already
cometotheconclusionthattheappellantsareentitledtobe
re-designated as Assistant Professor for the period of bond
tobeobservedaftersuccessfullycompletedMCH/DMcourse
going by the advisory issued by the National Medical
Commission and the Teachers Eligibility Qualifications in
Medical Institution Regulations, 2022 and to be paid the
salary applicable to the post, relegating the matter to the
Government would serve no purpose at all. Instead of
W.A.Nos.133 & 155 of 2023 10 2025:KER:40817
relegating the matter, the learned Single Judge ought to
havedirectedtheRegionalCancerCentretograntthereliefs
sought for and therefore, this exercise would be futile. In
suchasituation,theorder,sofarasrelegatingthematterto
the Government is concerned, deserves tobesetasideand
modified to the extent that relief be granted to the
appellants by the Regional Cancer Centre. Therefore, the
learned counsel for the appellants prays that the judgment
dated 16.12.2022 deserves to be set aside.
5. Per contra, the learned Government Pleader
appearing for the official respondents opposed the afore
prayer and submitted that in the light of liberty granted by
this Court to carry out theimplementationoftheimpugned
judgment passed by the learned Single Judge, passed a
detailed and speaking order in compliance of the directions
issued by this Court, vide Government Order dated
14.03.2023, rejecting the representation as well the claim
put forth by the appellants. Therefore, nothing survives for
adjudication in the writ appeals, as the decision on the
W.A.Nos.133 & 155 of 2023 11 2025:KER:40817
representationonmeritsgivesrisetoanewcauseofaction.
He, therefore, prayed that the writappealsbedismissedas
having been rendered infructuous.
6. It is not in dispute that in the light of the interim
order dated 24.01.2023, the respondents have taken a
decision by issuing Government Order dated 14.03.2023
rejecting the claim of the appellants, the same requires
fresh adjudication in appropriate proceedings. In the
absence of challenge to the Government Order dated
14.03.2023, no relief can be granted to the appellants at
this state; however, the appellants would be at liberty to
raise all the contentions in appropriate proceedings; ie,
challenging the Government Order dated 14.03.2023.
7. In view of the afore said, we arenotinclinedtogo
into the correctness of the judgment passedbythelearned
SingleJudge.Itismadeclearthattheobservationsmadeby
the learned SingleJudgeinthejudgmentdated16.12.2022
passedinW.P.(C)Nos.6122of2022and38205of2022shall
not come in the way while taking decision on the
W.A.Nos.133 & 155 of 2023 12 2025:KER:40817
Government Order dated 14.03.2023 in appropriate
proceedings,inaccordancewithlaw.Allissuesareleftopen
to be raised in appropriate proceedings.
Withtheaforesaid,thesewritappealsaredisposedof
finally.
Sd/-
SUSHRUT ARVIND DHARMADHIKARI
JUDGE
Sd/-
SYAM KUMAR V.M.
JUDGE
MC/10.6
