IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 18TH FEBRUARY 2011 / 29TH MAGHA 1932 WA.No. 6 of 2011() ------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.34936/2010 DATED 24/11/2010 .................... APPELLANT(S): PETITIONERS ------------------------- 1. DR. VIVEK MATHEW JAMES, VECHOOR HOUSE, POOVARANI P.O., PAIKA, PALA-686 577. 2. DR.VINU JOY, PAZHAYIDATHUPARAMBIL HOUSE, MULAKKULAM NORTH P.O., PIRAVAM-686 664. 3. DR. ARUN RAVAANDRAN, SAPHALYAM, THATTAMPADY, KARUMALLOOR P.O., ALUVA-683 511. 4. DR. ARUN P., KANJIRAKKATTU HOUSE, POONJAR P.O., MATTACKADU, KOTTAYAM DISTRICT-686 581. BY ADV. SMT.P.K.SANTHAMMA RESPONDENT(S): RESPONDENTS -------------------------- 1. THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR, MEDICAL EDUCATION DEPARTMENT, DHS OFFICE, THIRUVANANTHAPURAM, PIN - 695 001. 3. THE STATE MISSION DIRECTOR, (AROGYA KERALAM), NATIONAL RURAL HEALTH MISSION (NRHM), DHS OFFICE, THIRUVANANTHAPURAM, PIN - 695 001. MR.K.C.SANTHOSH KUMAR, GOVERNMENT PLEADER SRI.M.AJAY,SC,NATIONAL RURAL HEALTH MIS FOR R3 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 18/02/2011, ALONG WITH WPC NOS.2621, 2763 & 2827 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. ---------------------------------- W.A.No.6 of 2011, WP(C) Nos.2621, 2763 & 2827 of 2011 --------------------------------- Dated, this the 18th day of February, 2011 J U D G M E N T Ramachandran Nair, J. Appellants in this Writ Appeal and petitioners in these Writ Petitions are Graduate Doctors who have passed out MBBS course from various Universities in Kerala. Since all of them got admission on merit, they are bound to serve the Government for a period of one year after completion of their House Surgency, which is a condition of the bond executed by them. Most of the appellants and petitioners were posted in Medical College Hospitals, while a few of them were posted in rural areas. None of them questioned their appointment to the Medical College Hospitals or to the hospitals to which they were appointed. However, the appellants in W.A.No.6/2011 approached this Court for a direction to the Government to grant them two years' time to study and write entrance examination for Post Graduate Courses. The learned Single Judge rejected their prayer and hence the Writ Appeal is filed. W.A.No.6/2011 & WP(C) Nos.2621, 2763 & 2827 of 2011 -2- 2. Even though the appellants have relied on several Government Orders in regard to their entitlement for leave for study based on the guidelines issued, all those orders are seen superseded and fresh guidelines issued vide GO(MS) No.533/2008/H&FWD dated 07/10/2008, which is produced as Ext.P1 in WP(C) No.2763/2011. The only ground on which leave is admissible to persons like the appellants is pregnancy, and so much so, they cannot press the Government for granting leave based on the Government Orders, which are not in force now. We, therefore do not find any merit in the Writ Appeal and the same is accordingly dismissed. 3. The challenge in these Writ Petitions is against transfer of all the petitioners from the hospitals to which they were originally allotted, which are various Medical College Hospitals in the State. While the learned counsel for the appellants submitted that there is no justification or basis for transfer and the same probably happened based on a misunderstanding of an oral observation made by this Court while admitting W.A.No.6/2011, learned Standing Counsel for the National Rural Health Mission submitted W.A.No.6/2011 & WP(C) Nos.2621, 2763 & 2827 of 2011 -3- that allotments were made based on certain norms and the Organisation is not keen to shift the petitioners from the original hospitals of allotments, which were mainly Medical College Hospitals. Learned Government Pleader also confirmed that the transfers were made by the Government, based on the observations of this Court while admitting the Writ Appeal. 4. After hearing all sides, what we feel is that the impugned transfers are a result of misunderstanding of oral observation made by this Court. All the Junior Doctors in these cases have secured admission in the merit list and all of them are desirous of pursuing higher studies and necessarily, they have to write competitive examinations for getting admission to Post Graduate courses, and therefore the Government should always keep in mind their future interest in pursuing higher studies while posting them. There can be no doubt that the best experience for junior doctors will be available in Medical College Hospitals, District Head Quarters Hospitals and such large Government hospitals where large number of poor people go for treatment. In fact, Primary Health Centres and Dispensaries in rural areas will not have even sufficient patients or W.A.No.6/2011 & WP(C) Nos.2621, 2763 & 2827 of 2011 -4- facilities to help junior doctors to acquire more knowledge or practical experience in handling patients. Therefore, we are of the view that the claim of the petitioners and even the appellants in the Writ Appeal that they should be posted as far as possible in Medical College Hospitals and District Head Quarters Hospitals deserves to be considered. If transfers were made only based on oral observation of this Court, then it is a matter of only reversal of those orders so that status quo ante is restored in regard to the doctors appointed in Medical College Hospitals. Even those meritorious doctors, who were appointed in rural areas, are concerned, if they have a case for a posting in bigger hospitals, the same also should be considered if requested by them, by the Government. This Writ Appeal and these Writ Petitions are disposed of with the above directions and observations. (C.N.RAMACHANDRAN NAIR, JUDGE) (BHABANI PRASAD RAY, JUDGE) jg