IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN SATURDAY, THE 19TH NOVEMBER 2011 / 28TH KARTHIKA 1933 RP.No. 776 of 2011() -------------------- AGAINST THE JUDGEMENT IN WA.1179/2011 .................... REVIEW PETITIONER/APPELLANT/WRIT PETITIONER: ------------------------------ DR.BHAVITH.R., C/o.Mr.C.ARUNAGIRI, 22/23, KURINJI STREET, KAMARAJ NAGAR, GORIMEDU, PUDUCHERRY – 605 006. BY ADV. SRI.C.P.MOHAMMED NIAS RESPONDENTS/APPELLANTS & 2ND RESPONDENT/RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM, PIN 695 001. 3. THE COMMISSIONER OF ENTRANCE EXAMINATIONS, THIRUVANANTHAPURAM, PIN 695 001. 4. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM, PIN 695 001. 5. THE MEDICAL COUNCIL OF INDIA, REPRESENTED BY ITS SECRETARY, POCKET – 14, SECTOR – 8, DWARAKA PHASE – 1, NEW DELHI – 110 075. ADV. SRI.ALEXANDER THOMAS, SC, MCI FOR R5 GOVT.PLEADER, SRI.GEORGE MECHERIL THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 19/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. -------------------------------- R.P.No. 776 OF 2011 IN W.A.NO.1179 OF 2011 --------------------------------- Dated this the 19th day of November, 2011 O R D E R ~~~~~~~ C.N.Ramachandran Nair, J. Review Petition is filed for reviewing our Bench judgment wherein, we upheld the Government orders allotting unclaimed seats reserved for Medical Education Service to Doctors from the Health Service. The judgment stands confirmed because the Supreme Court dismissed the SLP filed against the State. The review petitioner's case is that Government increased two seats in the Cardiology and no increase is made in Gastroenterology. According to the review petitioner, if atleast one seat is increased in the Gastroenterology in the Super Specialty Medical Course, he will be the next eligible candidate in the MES quota getting admission. Review petition is opposed by the Advocate General appearing for the State and also the standing counsel appearing for the Medical Council. R.P.No.776/2011 2 2. After hearing both sides, we do not find any scope for issuing direction sought for by the review petitioner. However, what we feel is that there is a dearth for doctors with super specialty qualification in Gastroenterology in the State, where large number of people are affected by diseases created by food poisoning, water contamination and intake of toxic food materials and it is certainly for the Government to consider increase in seats in Gastroenterology as well. The Advocate General submitted that the Government is willing to increase the seats in Medical Colleges but the objection is from the side of the Medical Council of India. Standing counsel for Medical Council of India submitted that Medical Council will have no objection in allowing the increase in seats, if facilities are there and only on account of inadequate facilities, particularly, lack of teaching faculty members and infrastructural facilities, the Medical Council is not able to approve the request of increase in seats. 3. We are of the view that a vicious circle is created, wherein teaching staff itself will be available, only if people are allowed to acquire the qualification, which is Degree in Post R.P.No.776/2011 3 Graduate and Super Specialty Medical Course. Therefore, we feel, the Medical Council of India should be realistic and take a promotional approach in insisting condition for approving the increase in seats both in Post Graduate and Super Specialty Medical Courses. They should also take into consideration, the increase in the medical seats and the opening of new Medical Colleges, where large number of teaching faculty members are required and therefore necessarily, more people will have to be given opportunity to acquire Post Graduate and Super Specialty qualifications, which will be possible, only if seats are increased at the request of the Government in Medical Colleges which have the facilities. Review Petition is disposed of with the above observations. (C.N.RAMACHANDRAN NAIR, JUDGE) (P.S.GOPINATHAN, JUDGE) ps/19/11