1. Service regularisation sought by contract junior resident for PG medical course service quota eligibility. (Para 2 )
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2022 Supreme(Online)(Ker) 75341
IN THE HIGH COURT OF KERALA AT ERNAKULAM
2022/KER/8347
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
WP(C) No. 2622 OF 2022
PETITIONER/S:
DR. FIROS AHAMMED A
AGED 33 YEARS
S/O.M.ABDUL SALIM, JUNIOR RESIDENT/ LECTURER,
DEPARTMENT OF GENERAL SURGERY, GOVERNMENT MEDICAL
COLLEGE, KALAMASSERY, HMT COLONY, KOCHI - 683 503,
RESIDING AT SAMEER MANZIL, P.V.NORTH, THAZHAVA P.O.,
KARUNAGAPPALLY TALUK, KOLLAM DISTRICT, PIN-690 523.
BY ADVS.
S.SUIJIN
ABDUL SALIM M.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, DEPARTMENT OF HEALTH &
FAMILY WELFARE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE DIRECTOR OF MEDICAL EDUCATION,
DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE
P.O., THIRUVANANTHAPURAM - 695 001.
3 THE COMMISSIONER OF ENTRANCE EXAMINATIONS,
THIRUVANANTHAPURAM - 695 001.
4 THE PRINCIPAL,
GOVERNMENT MEDICAL COLLEGE, KALAMASERY, HMT COLONY,
KOCHI - 683 503.
BY ADV GOVT.PLEADER, SRI.P.G.PRAMOD
Advocates:
For the Appellants/Petitioners: S. Suijin, Abdul Salim M.
For the Respondents: P.G. Pramod
For the Appellants/Petitioners: S. Suijin, Abdul Salim M.
For the Respondents: P.G. Pramod
A candidate whose service is regularised by a tribunal becomes eligible for consideration for PG medical course admission under the service quota, provided they meet the statutory requirements and prospectus criteria.
Headnote:(A) Service Quota - Admission to Post Graduate Medical Course - Eligibility - Where a candidate's service regularisation is directed by a competent tribunal, the candidate becomes eligible for consideration for admission under the service quota subject to the statutory provisions and the prospectus. (Para 4, 5)
(B) Writ Jurisdiction - Mandatory Directions - Court can direct authorities to include a candidate's name provisionally in a selection list to prevent irreparable loss pending final determination of eligibility. (Para 3)
Issues: Whether the petitioner was eligible for admission to the Post Graduate medical course in General Surgery under the service quota following the regularisation of his service by the Kerala Administrative Tribunal.
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Table of Contents
2. Petitioner sought seat reservation pending regularisation; state opposed but later conceded after tribunal allowed regularisation. (Para 3 , 4 )
3. After regularisation order, petitioner became eligible for service quota if application otherwise in order. (Para 5 )
4. Regularisation of service from a retrospective date satisfies service quota eligibility conditions under governing Act and Rules. (Para 4 )
5. Writ petition disposed recording prior interim order; respondents directed to complete admission proceedings expeditiously. (Para 5 )
6. When does a contract junior resident become eligible for PG medical course service quota admission?
Eligibility arises when the service is regularised retrospectively from a date before the admission process, satisfying the governing Act, Rules, and prospectus. (Para 4 , 5 )
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J
----------------------
W.P.(C.) No. 2622 of 2022
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Dated this the 18th day of February, 2022
JUDGMENT
The above writ petition is filed with following prayers :
“i. To issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent the Director of Medical Education and 3rd respondent the Commissioner of Entrance Examinations to reserve a seat in Post Graduate medical course in General Surgery in service quota under DME.
ii. To issue a writ of mandamus or any other appropriate writ, order or direction directing the Kerala Administrative Tribunal to deliver the order in O.A (Ekm) NO.743/2020 which is taken for orders at the earliest.
iii. To issue such other further reliefs as this Honorable Court may deem tit and proper in the facts and circumstances of this case.” [SIC]
2. The petitioner is working as Jr.Resident in the Department of General Surgery in the Government Medical College, Kalamassery on contract basis with effect from 4.12.2012 without any break of service. The petitioner approached the Kerala Administrative Tribunal to get regularisation of service. The original application was heard and posted for orders and at that stage, this writ petition was filed. The petitioner is aggrieved because the allotment of seats for Post Graduate course in Medicine has been proposed to be finalised in the meanwhile. According to the petitioner, if the petitioner gets the order in favour of him by regularising his service, he will be eligible to get admission going by the marks obtained in NEET PG examination. Therefore, he is taking reservation for the seats in the PG course in the service quota under the DME in General Surgery.
3. When this writ petition came up for consideration on 27.01.2022, this Court passed the following order :
“The petitioner submits that the authorities have recommended regularisation of the service of the petitioner as per Ext.P2. The Kerala Administrative Tribunal has heard O.A.No.743 of 2020 filed by the petitioner seeking regularisation and the said O.A is posted to 01.02.2022 for passing final orders. Therefore, if the respondents proceed to publish the select list without regard to the claim of the petitioner, the petitioner will be put to irreparable loss and untold hardship.
2. Admit.
3. The learned Government Pleader takes notice for respondents 1 to 4.
4. In the circumstances of the case, there will be an interim order directing respondents 2 and 3 to include the name of the petitioner also in the list to be published for admission to P.G Medical Course under Service Quota. The inclusion of the name of the petitioner will be strictly provisional and would be subject to further orders from this Court.
Post this writ petition on 03.02.2022 for further orders.”
4. This order was challenged by the respondent-State by filing W.A. No. 163/2022. Meanwhile, the Administrative Tribunal allowed the original application filed by the petitioner and he was given regularisation. Taking note of the same, the Division Bench disposed the Writ Appeal in the following manner :
“6. On this day, when the matter came up for hearing, Mr.N.N.Sugunapalan, learned Senior Counsel appearing for the respondent/writ petitioner submitted that O.A.No.743 of 2020 filed by the petitioner seeking regularisation was allowed on 1.2.2022, directing regularisation of the respondent/writ petitioner in Government service from 2016 onwards. Submission of the learned Senior Counsel is placed on record.
7. As on the date of filing of the writ petition, the only impediment in considering the case of the writ petitioner to avail the eligibility for service quota was that he did not satisfy the conditions stipulated in the Kerala Medical Officers Admission to Post Graduate Courses under Service Quota Act, 2008 and the Kerala
