Completion of Super Speciality does not entitle petitioners to redesignation as Assistant Professors without sanctioned posts and selection processes, as they are bound by executed bonds for one year of service.

JUDGMENT :

The petitioners have completed their Post Graduate Super Speciality courses from the third respondent college in December 2023. The petitioners have been issued with Exts.P1 to P1(b) orders directing them to undergo one-year bonded service in the college. The petitioners are aggrieved by the stand of respondents 2 and 3, compelling them to undergo the bonded service of one year as 'Senior Residents (Bonded)” instead of being designated as 'Assistant Professors'. The petitioners 1 to 14 have completed their graduation and post-graduation at different colleges. At the time of admission to the third respondent college, the petitioners were directed to execute a bond compelling them to serve the third respondent college or in the respective departments of the Government Medical College for not less than one year after the completion of their courses. The petitioners have paid the requisite tuition fees as per Ext.P3 prospectus and have completed their courses. In the meantime, the fifth respondent has published Ext.P4 Teachers Eligibility Qualification in Medical Institutions Regulations, 2022. The objective of Ext.P4 is the appointment and promotion of faculty to various teaching specialities in graduation and post-graduation medical education. The fifth respondent has issued Ext.P5 Post Graduate Medical Education Regulations, 2023. As per clause 7.1 of the regulation, the Senior Residents are those who possess Post Graduate degree qualifications, including those students who are pursuing Super Speciality courses. Therefore, as per Exts.P4 and P5, it is explicit that the petitioners are entitled to be designated as 'Assistant Professors' with the pay scale applicable to the said post. The petitioners are willing to serve the third respondent college as obliged in the bond. But the petitioners are forced to continue as Senior Residents during the bonded service, though they have completed their Super Speciality and have attained the qualification of being posted as Assistant Professor. In many states in India, doctors who have completed the Super Speciality, while they are doing bonded service, are recognised as Assistant Professors and are paid the salary applicable to the said post. However, the third respondent has only recognised the petitioners as senior residents. Even though persons similar to the petitioners had approached the third respondent college and the Government of Kerala, and requested to redesignate the post as Assistant Professors, the Government has passed Ext.P6 order stating that their financial condition is not conducive to redesignate Senior Residents as Assistant Professors. By Ext.P7 judgment, this Court observed that the doctors who have passed Super Speciality were entitled to be designated as Assistant Professors. Nevertheless, the first respondent has passed Ext.P8 order stating that it is impossible to redesignate Senior Residents as Assistant Professors. Meanwhile, the third respondent college has invited applications from qualified candidates for the appointment to the post of Assistant Professor on a contract basis by offering a consolidated salary of Rs.1,50,000/-. The third respondent college has discriminated the petitioners by reckoning them as Senior Resident (Bonded). The actions of the respondents are arbitrary. Hence, the writ petition.

2. The first respondent has filed a counter affidavit contending that as per the G.O.(Ms) No.192/2020/H&FWD dated 6.11.2020, the bonded period of service of Super Speciality Doctors is one year and the designation of such persons is Senior Residents, whose stipend is fixed at Rs.71,000/- per month. As per the Medical Institution Regulations, 2022, the appointment and promotion of faculty in various teaching specialities have to be in accordance with the minimum qualification and the experience prescribed in the regulation. Formalities have been laid down for recruiting an Assistant Professor in Medical Service in Kerala. The Kerala Public Service C