IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 WP(C).No. 5057 of 2009(B) --------------------------------- PETITIONER(S): ------------------------- DR.FYSAL KOLLAMTAVALAPPIL, FAZEELA MANZIL, P.O.NETTUR, THALASSERY, KANNUR DIST. SENIOR RESIDENT MEDICAL COLLEGE ALAPPUZHA MEDICAL COLLEGE BY ADV. MR.ELVIN PETER P.J. RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 3. THE PRINCIPAL, T.D.MEDICAL COLLEGE, ALAPPUZHA. BY GOVERNMENT PLEADER MR.A.J.ARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.Ravindran, J. ================== W.P.(C) No.5057 of 2009 ===================== Dated this the 20th day of February, 2009. JUDGMENT The petitioner is a Doctor. After completing the M.B.B.S. degree course, he secured admission for the Post Graduate degree course in the Medical College, Thiruvananthapuram during the year 2005. As prescribed, the petitioner executed Ext.P1 bond agreeing to serve the Government after completion of the Post Graduate degree course for a period of two years. After the petitioner completed the Post Graduate degree course, by Ext.P2 order dated 1.7.2008, the Director of Medical Education posted him as Senior Resident in the Department of General Surgery in the Medical College, Calicut. 2. Aggrieved by Ext.P1 bond and Ext.P2 order, the petitioner along with another filed W.P.(C) No.19864 of 2008 in this Court. Though initially by an interim order passed on 10.7.2008 this Court had stayed the appointment of the petitioner in the Health Services/Medical Education Department invoking the provisions contained in Ext.P1 bond, the Writ Petition was dismissed by judgment delivered on 5.11.2008. In the meanwhile the Government had issued Ext.P4 order reducing the period stipulated in Ext.P1 bond from two years to one year. After the WP (C) No.5057/09 -: 2 :- Writ Petition filed by the petitioner was dismissed, the joint Director of Medical Education issued Ext.P5 order posting the petitioner as Senior Resident in the Department of General Surgery in T.D. Medical College, Alappuzha. The petitioner thereupon submitted Ext.P6 representation before the Joint Director pointing out that the post of Senior Resident in the Department of General Surgery in the Medical College, Calicut is lying vacant and that as his wife has given birth to a child and there is nobody to look after his family and daughter, he may be posted in the Medical College at Calicut. This Writ Petition was thereafter filed challenging Ext.P5 order to the extent it posts the petitioner in T.D. Medical College, Alappuzha and seeking a writ of mandamus commanding the respondents to post him as Senior Resident in the Medical College, Calicut. The petitioner has also prayed for a direction to the Director of Medical Education to consider the request made by him in Ext.P6 and pass orders thereon. 3. When this Writ Petition came up for admission on 16.2.2009, this Court had directed the learned Government Pleader to ascertain and submit whether original of Ext.P6 has been received by the Joint Director and whether the Joint Director has forwarded it to the Director of Medical Education. Today, when the case was taken up for hearing, the learned Government Pleader submitted that the request made by the petitioner in Ext.P6 is pending before the Joint Director and that he has not passed any orders thereon. The learned counsel appearing for the petitioner WP (C) No.5057/09 -: 3 :- then submitted that as the Joint Director has not passed orders, the petitioner may be permitted to move the Government seeking variation of Ext.P5. The learned Counsel for the petitioner submits that the post of Senior Resident against which the petitioner was appointed by Ext.P2 is still vacant. 4. Ext.P1 bond and Ext.P4 Government order highlight the necessity to secure the services of Doctors in Government Hospitals and Medical College Hospitals. Though the petitioner had not initially expressed his willingness to join Government service, the challenge to Ext.P1 was rejected by this Court. The Government have invoking the stipulations in Ext.P1 bond and Ext.P4 Government order appointed him as Senior Resident in T.D. Medical College, Alappuzha. Whether having regard to the exigencies of service and in the public interest, the petitioner can be accommodated in Medical College, Calicut is primarily a matter for the Government to decide. In these circumstances, I am of the opinion that the petitioner should move the Government seeking redressal of his grievances. In the view that I have taken, I dispose of this Writ Petition with the following directions: (i) The petitioner shall within two weeks from today file an appropriate representation before the Secretary to Government, Health and Family Welfare Department. (ii) The Secretary to Government shall thereupon in consultation with the Director of Medical Education and the Principals of T.D. Medical WP (C) No.5057/09 -: 4 :- College, Alappuzha and the Medical College, Calicut pass appropriate orders thereon, within a period of three weeks thereafter. P.N.Ravindran, Judge. ess 21/2