[Cites 8, Cited by 0]
Kerala High Court
Dr Trivedi Maharshi Dineshbhai vs State Of Kerala on 6 February, 2026
Author: N.Nagaresh
Bench: N.Nagaresh
2026:KER:9767
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 6TH DAY OF FEBRUARY 2026 / 17TH MAGHA, 1947
WP(C) NO. 25588 OF 2025
PETITIONERS:
1 DR TRIVEDI MAHARSHI DINESHBHAI
AGED 35 YEARS
S/O DINESHBHAI TRIVEDI, A-2/70,
INDRADEEP SOCIETY, OPP VIKAS GRUH,
JAMNAGAR, GUJARAT, PIN - 361008
2 DR. MANU PAUL
AGED 38 YEARS
S/O T.M. POULOSE,
THELAPPILLY HOUSE, AIKKATTUKADAVU,
PEECHANIKKADU, PULIYANAM P.O.,
ANGAMALY, ERNAKULAM, PIN - 683572
3 DR. MINTU MATHEW ABRAHAM
AGED 39 YEARS
S/O K.M. ABRAHAM, CHIRAVATHARAYIL HOUSE,
PARAMPUZHA P.O., KOTTAYAM,
PIN - 686004
4 DR. ARUN V
AGED 39 YEARS
S/O MR. K.C. VASUDEVAN,
KUMARASSERI HOUSE, MULAKULAM NORTH P.O.,
PIRAVOM, ERNAKULAM DISTRICT,
PIN - 686664
5 DR. GAYATRI GOPAN
AGED 39 YEARS
D/O K. GOPALAKRISHNAN, DWARAKA,
NEXT TO SBI (NEAR ARTECH TOWERS),
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W.P.(C) No.25588/2025
:2:
SASTHAMANGALAM,
THIRUVANANTHAPURAM, PIN - 695010
6 DR. HARISH KUMAR
AGED 36 YEARS
S/O K. LAKSHMI NARAYANAN 34,
35/1 BELL AMORCES COLONY, PALAYA KOTTAI,
TIRUNELVELI DISTRICT, PIN - 627011
7 DR. VENKATANGA SRINIVAS M
AGED 37 YEARS
S/O M VENKATARATNAM 42-2-8/2,
2ND FLOOR, SAAR SOLITAIRE APARTMENT,
RAMAKRISHNAPURAM, 2ND LINE,
VIJAYAWADA, NTR DISTRICT,
PIN - 520003
8 DR. SANDEEP KUMAR BEHERA
AGED 39 YEARS
S/O MANAS KUMAR
BEHERA DD SAMUDRA DARSHAN APARTMENT FLAT NO 1D,
MARINE DRIVE, ERNAKULAM,
PIN - 682031
9 DR. JINO SEBASTIAN
AGED 35 YEARS
S/O SEBASTIAN, RESIDING AT EARIMATTATHIL (H)
KAROOR P.O., PALA,
KOTTAYAM DISTRICT, PIN - 686574
10 DR. ARUN K BALAN
AGED 36 YEARS
S/O BALAN, RESIDING AT ANJALI H,
MELAKKAM, MANJERI, MALAPPURAM,
PIN - 676123
11 DR. SIVAPRAGASH
AGED 36 YEARS
S/O SAMIKKANNU, RESIDING AT 4/425,
FIRST CROSS, AMMAN NAGAR,
KATTUR, TRICHY, THIRUCHIRAPPILLY DISTRICT,
TAMILNADU, PIN - 620019
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W.P.(C) No.25588/2025
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12 DR. SYAMKUMAR HARIHARAN
AGED 33 YEARS
S/O HARIHARAN, RESIDING AT 801 A BLOCK,
DIVYA MSR GATEWAY APARTMENTS,
MATHIKERE, GOKULA, BANGALORE,
PIN - 560054
13 DR. DEEPAK BOSE
AGED 44 YEARS
S/O M.C. BOSE, RESIDING AT 'ASHIRWAD',
ELUKKATTUPARAMBA, PARAMBATH,
KARUVISSERY P.O., KOZHIKODE,
PIN - 673010
14 DR. AJAY SANKAR
AGED 39 YEARS
S/O UDAYASANKAR.P.,
RESIDING AT 11-B,
TRAVANCORE HEIGHTS KARAPARAMBA,
KOZHIKODE, PIN - 673005
15 DR. THIRUMALA.C.
AGED 34 YEARS
D/O ANITHA, RESIDING AT 91, 2ND MAIN,
4TH CROSS, WIDIA LAYOUT,
VIJAYNAGAR, BANGALORE, PIN - 560040
16 DR. BHAVYA S KUMAR
AGED 39 YEARS
D/O S SUKUMAR
THELAPPILLY HOUSE, AIKKATTUKADAVU,
PEECHANIKKADU, PULIYANAM P.O.,
ANGAMALY, ERNAKULAM, PIN - 683572
BY ADVS.
SRI.R.T.PRADEEP
SMT.M.BINDUDAS
SRI.NIRANJAN T. PRADEEP
2026:KER:9767
W.P.(C) No.25588/2025
:4:
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
HEALTH & FAMILY WELFARE DEPARTMENT,
THIRUVANANTHAPURAM, PIN - 695001
2 DIRECTOR OF MEDICAL EDUCATION
DIRECTORATE OF MEDICAL EDUCATION,
MEDICAL COLLEGE P.O.,
THIRUVANANTHAPURAM, PIN - 695011
3 DIRECTOR
REGIONAL CANCER CENTRE,
MEDICAL COLLEGE CAMPUS,
THIRUVANANTHAPURAM, PIN - 695011
4 DIRECTOR
COCHIN CANCER RESEARCH CENTRE,
ERNAKULAM,
GOVERNMENT MEDICAL COLLEGE COMPOUND,
HMT COLONY, NORTH KALAMASSERY,
ERNAKULAM DISTRICT, PIN - 683503
5 NATIONAL MEDICAL COMMISSION
POCKET-14, SECTOR-8,
DWARAKA PHASE-1, NEW DELHI,
PIN - 110077
BY ADVS.
SRI.ATHUL SHAJI,R3
SRI.K.S.PRENJITH KUMAR, SC, NATIONAL MEDICAL
COMMISSION
SRI.GAUTHAM H.
SRI.PREMCHAND R NAIR, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 06.11.2025 AND THE COURT ON 06.02.2026,
DELIVERED THE FOLLOWING:
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W.P.(C) No.25588/2025
:5:
CR
N. NAGARESH, J.
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W.P.(C) No.25588 of 2025
`````````````````````````````````````````````````````````````
Dated this the 6th day of February, 2026
JUDGMENT
~~~~~~~~~
The petitioners, who were Senior Residents,
seek to set aside Ext.P12 and to direct the 3rd respondent-
Director, Regional Cancer Centre to treat the bond period of
the petitioners as Assistant Professors with scale of pay
applicable to that post rather than as Senior Residents.
2. The petitioners state that they completed
their Super Specialty in Mch/DM in the Regional Cancer
Centre and have undergone their bond period of one year on
being appointed as Senior Residents. The petitioners submit
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that they are entitled to be appointed as Assistant Professors
during the bond period in view of their qualifications and are
entitled to the scale of pay applicable to the post.
3. MCh and DM are super specialty degree
courses of three year duration. The petitioners completed the
super specialty course in the year 2020. They commenced
one year bond service period in terms of the conditions of
joining the course. After completion of the course, during the
bond period, the petitioners were appointed as Senior
Resident though they had the qualification to be appointed as
Assistant Professor.
4. When the petitioners were undergoing the
three year course, they were paid monthly stipend of
₹65,000/- to ₹69,000/- without income tax deduction.
However, when they were appointed as Senior Residents,
they were placed in the scale of pay at the rate of ₹71,000/-
with 10% income tax deduction. They are forced to receive
monthly salary which is less than the monthly stipend earlier
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earned by them. The petitioners would urge that the
Regulations, 2019 and 2022 mandate to designate the
petitioners as Assistant Professors.
5. The petitioners submit that Ext.P5 G.O.
dated 20.02.2018 gives clear indication that during the period
of undergoing the super specialty course, the students shall
be reckoned as Senior Residents and the bond period after
successful completion of the course shall be treated as
Assistant Professor with scale of pay applicable to the post.
Ext.P6 advisory dated 09.08.2021 of the National Medical
Commission also states that whenever the examinations
have been held and the results are declared, the DM/MCh
candidates shall be designated as Assistant Professors and
be paid accordingly.
6. The Minimum Qualification for Teachers in
Medical Institutions (Amendment) Regulations, 2019 provided
that the designation of Senior Resident is for those students
registered for MCh/DM course and those with DM/MCh
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degree are to be appointed as Assistant Professors. The
subsequently introduced Regulations, 2022 also provided
that only DM/MCh students shall be designated as Senior
Residents and those with DM/MCh degree are to be
appointed as Assistant Professors.
7. The petitioners pointed out that in Ext.P9
judgment dated 07.11.2012, a Division Bench of the Hon'ble
High Court of Mumbai has held that the Super Specialty
Degree holders shall undergo the bonded service in the post
befitting to their qualification. The Government of Kerala,
however, as per Ext.P10 G.O. dated 21.12.2021 decided not
to reckon the bond period after successful completion of
DM/MCh course in the post of Assistant Professor due to the
inability to pay as per the pay scale applicable to that post.
The Government, however, issued Ext.P12 GO dated
14.03.2023 concurring with its earlier Ext.P10 decision.
Unless this Court interferes in the matter and directs the 3rd
respondent to issue certificate of completion of bond period
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reckoning the same as service in the post of Assistant
Professors, the petitioners will be put to injustice, contended
the petitioners.
8. The 3rd respondent-Director, RCC filed
counter affidavit. The 3rd respondent submitted that the
Medical Institutions Regulations, 2022 was issued only for
appointment of faculties in the Super Specialty Department.
There is no mention about the students doing bonded
obligation. The petitioners are not appointed in RCC in
sanctioned posts of Senior Resident or that of Assistant
Professor. They are undergoing bonded service for one year
after the completion of Super Specialty courses under a
bonded obligation.
9. Recruitment to the post of Assistant
Professor under medical services in Kerala is made by Kerala
Public Service Commission. It is not practicable to appoint all
the students who passed their studies, in the posts according
to their qualification and to pay them salary of that post. It will
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subvert the current recruitment process.
10. I have heard the learned counsel for the
petitioners, the learned Government Pleader representing
respondents 1 and 2 and the respective Standing Counsel
appearing for respondents 3 to 5.
11. The petitioners have completed their
MCh/DM course in the 3rd respondent's Regional Cancer
Centre, Thiruvananthapuram. After successfully completing
the course in 2020, they were inducted to complete one year
bonded service. They were designated as Senior Residents
and were paid salary at the rate of ₹71,000/-. The petitioners
state that while undergoing the bond period, the petitioners
were discharging the duties of Assistant Professors.
Therefore, they should be designated as Assistant Professors
and paid salary accordingly.
12. Ext.P6 is the advisory for all Medical
Colleges of the National Medical Commission Post
Graduation Medical Education Board, issued on 09.08.2021.
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Ext.P6 mandates that wherever examinations have been held
and the results are declared, the successful MD/MS and
DM/MCh candidates shall be designated as Senior Residents
and Assistant Professors respectively, and be paid
accordingly.
13. Ext.P7 is the Minimum Qualifications for
Teachers in Medical Institutions (Amendment) Regulations,
2019. In the Schedule contained in Ext.P7, the posts of
Senior Residents (in super specialty - DM/MCh/DNB), the
academic qualification prescribed is "registered for MCh/DM
in the concerned subject. It is evident from Ext.P7
Regulations that it is the students who have registered for
MCh/DM in the concerned subjects who shall be appointed
as Senior Residents. The petitioners have successfully
completed MCh/DM, which is a qualification for appointment
as Assistant Professor, as per Ext.P7 Regulations.
14. In Ext.P11 judgment in W.P.(C)
No.38205/2022, this Court has held that when Regulations,
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2022 were issued, it was made much more explicit that a
Senior Resident (super specialties) can only be a DM/MCh
student and when they complete the course, such a
designation could not be applied to them and they will have to
be offered the designation of Assistant Professor. In W.P.(C)
No.9311/2024, a learned Single Judge of this Court took a
view that merely because the petitioners have completed
their super specialty, the same is not a ground to appoint
them to the post of Assistant Professor, without there being a
sanctioned and vacant post and a due selection is made.
15. However, it may be noted that Ext.P6 order
was set aside by this Court to the extent to which it relates to
the petitioners in W.P.(C) No.6122/2022. This crucial aspect
was not taken note of in the judgment in W.P.(C)
No.9311/2024.
16. It is true that the petitioners and similarly
situated students are contractually bound to complete what is
called "bonded service". However, such service cannot be
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treated as bonded labour. Bonded or forced labour is
prohibited in India as per Article 23 of the Constitution of
India. The very concept of bonded or forced labour is
anathema to the Constitutional principles.
17. The petitioners earlier filed W.P.(C)
No.11111/2021 and this Court directed the 1st respondent-
Government to consider the representation of the petitioners.
The representation was considered and rejected on the
ground that the Government have already clarified that it is
not possible to redesignate the Senior Residents as Assistant
Professors and the stipend of the bonded Senior Resident
cannot be equated with the salary of Assistant Professors.
18. The 1st respondent again in Ext.P12
considered the matter and held that since already a decision
is taken, the present request of the petitioners to issue
necessary orders instructing the Director of RCC and CCRC
to issue an experience certificate of Assistant Professor, for
the bonded period they serve, to fix their salary for the
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bonded period at par with the entry cadre of Assistant
Professors in regular service of RCC and to release the
difference in salary as arrears cannot be considered.
19. There is no dispute that while working as
Senior Residents, the petitioners are discharging the same
duties and functions as that of the Assistant Professors. It is
also clear that the petitioners possess the qualification to be
appointed as Assistant Professors. The petitioners are
forced to work for the institutions only for the reason that they
are made to execute a bond for serving the institutions.
20. Demanding execution of such bonds has a
public purpose. The intention is to make the Post Graduate
Degree holders who have been imparted with the PG studies
to serve the general public at least during the period of Senior
Residentship.
21. While making the Senior Residents to
compulsorily serve the Society during the bond period, the
institutions cannot abstain from paying the minimum salary
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payable to the Assistant Professors, when the Senior
Residents are doing the same duties and discharging the
same functions, which are discharged by the Assistant
Professors. Extracting work from Senior Residents for a far
lesser salary/stipend/honorarium would be against the well
settled principles of equal pay for equal work.
22. Article 39(d) of the Constitution of India
mandates that the State shall direct its policy towards
securing that there is equal pay for equal work for both men
and women. The Hon'ble Apex Court has held in the
judgment in Randhir Singh v. Union of India [(1982) 1 SCC
618] that equal pay for equal work is not an abstract doctrine
but one of substance and that the directive principles have to
be read into the fundamental rights as a matter of
interpretation. The Apex Court had held in the judgment in
State of Madhya Pradesh and another v. Pramod
Bhartiya and others [(1993) 1 SCC 539] that equal pay for
equal work is implicit in the doctrine of equality enshrined in
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Article 14. Because Clause (d) of Article 39 spoke of equal
pay for equal work, it did not cease to be a part of Article 14
to say that the said Rule having been stated as a directive
principle of State policy, is as much a part of Article 14 as it is
of Clause (1) of Article 16. Equality of Opportunity
guaranteed by Article 16(1) necessarily means and involves
equal pay for equal work. The legal position being so, non-
payment of equal pay to the Senior Residents who are
discharging the duties of Assistant Professors would offend
Articles 14 and 16 of the Constitution of India.
23. At the same time, whether the bond period
served by the persons like the petitioners should be treated
as regular service countable for CAS promotions, would
depend upon the Scheme framed for CAS promotions and
this Court will not be justified in interfering with such matters
in the absence of necessary materials on record.
In the facts and circumstances of the case, the writ
petition is disposed of directing respondents 2 to 4 to pay to
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the petitioners salary at the minimum of the pay scale as
applicable to the cadre of Assistant Professors. The arrears
of salary arising out of the refixation of salary as directed
above shall be paid within a period of two months.
Sd/-
N. NAGARESH, JUDGE
aks/04.02.2026
2026:KER:9767
APPENDIX OF WP(C) NO. 25588 OF 2025
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER
NO.RCC/691/2018/ADMN3 DATED 04.12.2020
APPOINTING PETITIONERS 1 AND 2 AS
TEMPORARY SENIOR RESIDENT FOR BONDED
SERVICE ISSUED BY 3RD RESPONDENT
Exhibit P2 TRUE COPY OF ORDER NO.RCC/878/2020-
ADMN.3 DATED 13.09.2021 ALLOTTING
PETITIONERS 3 TO 7 TO UNDERGO THE BOND
PERIOD BY 3RD RESPONDENT
Exhibit P3 TRUE COPY OF ORDER NO.RCC/878/2020-
ADMN.3 DATED 13.09.2021 ALLOTTING
PETITIONER 8 TO UNDERGO THE BOND
PERIOD BY 4TH RESPONDENT
Exhibit P4 TRUE COPY OF NOTE NO.RCC/878/2020-
ADMN.3 DATED 02.11.2022 BY WHICH
PETITIONER 14 JOINED AS SENIOR
RESIDENT (BONDED) IN THE DEPARTMENT OF
GYNECOLOGICAL ONCOLOGY AT RCC,
THIRUVANANTHAPURAM
Exhibit P4(a) TRUE COPY OF CERTIFICATE
NO.RCC/878/2020-ADMN-3 DATED 3.4.2025
AS REGARD THE COMPLETION OF BOND
PERIOD OF PETITIONER NO.17 AS SENIOR
RESIDENT IN THE DEPARTMENT OF MEDICAL
ONCOLOGY FROM 1.11.2022 TO 31.10.2023
WHICH IS ISSUED BY THE DIRECTOR OF
REGIONAL CANCER CENTRE
Exhibit P5 TRUE COPY OF G.O. (MS)
NO.30/2018/H&FWD DATED 20.02.2018
ALONG WITH TRUE ENGLISH TRANSLATION
Exhibit P6 TRUE COPY OF ADVISORY NO.NMC/MCI-
23(1)/2021-MED/017727 DATED 09.08.2021
ISSUED BY 5TH RESPONDENT
Exhibit P7 TRUE COPY OF MINIMUM QUALIFICATIONS
FOR TEACHERS IN MEDICAL INSTITUTIONS
(AMENDMENT) REGULATIONS 2019
Exhibit P8 TRUE COPY OF TEACHERS ELIGIBILITY
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QUALIFICATIONS IN MEDICAL INSTITUTIONS
REGULATIONS, 2022 WHICH HAD BEEN
BROUGHT INTO FORCE BY NOTIFICATION
DATED 14.2.2022 PUBLISHED IN THE
GAZETTE OF INDIA NO.103 DATED
22.2.2022
Exhibit P9 TRUE COPY OF JUDGMENT DATED 7.11.2012
IN BATCH OF WRIT PETITIONS BY THE
DIVISION BENCH OF HIGH COURT OF MUMBAI
Exhibit P10 TRUE COPY OF G.O. (RT) 2860/2021/H&FWD
DATED 21.12.2021
Exhibit P11 TRUE COPY OF JUDGMENT DATED 16.12.2022
IN W.P.(C) NO.6122/2022 AND W.P.(C)
NO.38205/2022 OF THE HON'BLE HIGH
COURT OF KERALA
Exhibit P12 TRUE COPY OF G.O. (RT)
NO.579/2023/H&FWD DATED 14.03.2023
Exhibit P12(a) TRUE COPY OF JUDGMENT DATED 12.06.2025
IN W.A. NO.155/2023 AND W.A.
NO.133/2023 OF THE HON'BLE HIGH COURT
OF KERALA
RESPONDENTS' EXHIBITS
EXHIBIT-R3(A) THE TRUE COPY OF G.O.(MS)
NO.192/2020/H AND FWD DATED 06.11.2020
EXHIBIT-R3(B) THE TRUE COPY OF THE PROSPECTUS OF THE
RCC FOR ADMISSION TO SUPER SPECIALITY
COURSES - 2017-2018
