IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 WP(C).No. 504 of 2009(I) ------------------------ PETITIONER: --------------- DR.SUJATHA.S, LECTURER IN ENT, MEDICAL COLLEGE, THIRUVANANTHAPURAM,"ARAVINDAM",TC 13/1827 (37),KUMARAPURAM, MEDICAL COLLEGE.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.K.RAMAKUMAR (SR.) SRI.T.RAMPRASAD UNNI SRI.J.R.PREM NAVAZ RESPONDENTS: --------------- 1. THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE(S)DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. BY GOVT. PLEADER SHRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------------------- W.P(C) No. 504 of 2009-I --------------------------------------------- Dated this the 14th January, 2009. J U D G M E N T The petitioner is a Lecturer in ENT in the Medical College, Thiruvananthapuram. The learned counsel for the petitioner submits that she is having MBBS degree and also a Diploma, namely, DNB. According to the petitioner DNB is not treated as equivalent to a post graduate degree. The petitioner states that she is desirous of taking a post graduate degree with a view to advance her career prospects. 2. The Director of Medical Education, Kerala State, conducts post graduate course in various disciplines. A quota is fixed for the persons in State service. There is also an all India quota. Ext.P1 is the prospectus for Medical post graduate degree/diploma course 2009. As per Ext.P1, the duration is three years in the case of the degree course and two years in the case of diploma course. A person would be eligible to get admission only if he has passed MBBS degree from any of the Universities in Kerala or any of the Universities recognized by any of the Universities in Kerala State. Clause VII of Ext.P1 provides that '40% of total State quota seats for PG degree and Diploma are set apart for service quota candidates. The eligibility criteria are applicable for service candidates also. Clause VII(a) (4) of Ext.P1 prospectus provides that W.P(C) No. 504 of 2009-I : 2 : “Lecturers who have Post Graduate Degree/D.N.B in the Specialty concerned in which they are working will not be eligible for admission under service quota”. 3. It is stated that though the petitioner is the senior most candidate in ENT, she was not selected for admission in the Post Graduate Course in view of Clause VII(a)(4) of Ext.P1 prospectus. The petitioner submitted Ext.P2 representation to the Hon'ble Minister for Health and Family Welfare Department, requesting to consider the representation and to forward the matter to the prospectus committee to do the needful so that persons like the petitioner would get admission for Post Graduate Degree course. The petitioner also submitted Ext.P3 representation to the Secretary to Health and Family Welfare Department. As per Ext.P4 order dated 4.12.2008, the Government rejected the request made by the petitioner in Exts.P2 and P3. It is stated in Ext.P4 that the main objective of introducing service quota for PG Degree course is to provide in-service training to the service candidates which will ultimately help the poor patients. Moreover, Post Graduate degree is an essential requirement for Lecturers in Medical Education Service to get promotion to the post of Assistant Professor and above. It is stated in Ext.P4 that as per the W.P(C) No. 504 of 2009-I : 3 : regulations of Government of India, the DNB qualification is treated at par with the MD/MS Degree. It is stated in Ext.P4 that as per the qualification fixed by the Government of Kerala for the faculties under Medical Education Service, candidates with Dip NB will be considered for promotion to the post of Assistant Professor and above. It is further stated in Ext.P4 that the petitioner has secured the Dip. NB qualification in ENT and has secured adequate training and qualification equivalent to Post Graduation and therefore she is eligible for promotion for higher posts. Hence the request for selection under the Lecturer quota was rejected by the Government. 4. It is submitted that in the prospectus issued in previous years, the restriction like the one provided in Clause VII(a)(4) of Ext.P1 was not there. The petitioner also points out that DNB Diploma is not recognised by the Indian Medical Council. The petitioner states that the restriction like the one mentioned above, does not exist in other States. The contention of the petitioner is that Clause VII(a)(4) by Ext.P1 is liable to be declared unconstitutional and void and violative of Articles 14, 16, 19 and 21 of the Constitution of India. W.P(C) No. 504 of 2009-I : 4 : 5. The reliefs prayed for in the Writ Petition are the following: “i) To call for the records leading to the issue of Ext.P4 and quash the same by the issuance of a Writ of Certiorari or any other appropriate writ, order or direction. ii) To declare Clause VII(4) of the Prospectus for post graduate degree courses issued by the Director of Medical Education for the year 2009 is void, inoperative and unconstitutional as violative of Articles 14, 16, 19 and 21 of the Constitution of India. iii) To issue a Writ of Mandamus or any other appropriate writ, order or direction commanding the respondents to permit the petitioner to apply for post graduate degree course in ENT irrespective of the insistence of Clause VII(4) quoted above and further direct the respondents to permit the petitioner to undergo the studies immediately. iv) To issue such other writs, orders or directions as this Hon'ble Court may deem fit and proper in the circumstances of the case.” 6. The learned Government Pleader submitted that the selection under the service quota to the Post Graduate Degree course was scheduled to be held on 12.1.2009. He also relied on the objectives in the matter of providing a restriction like the one contained in Clause VII (a) (4) of Ext.P1, as revealed in Ext.P4 order passed by the Government. He submitted that the DNB qualification being treated at par with MD/MS Degree, it cannot be said that the promotion prospects of the petitioner would be affected. It is so made clear in Ext.P4. The desire of the petitioner to acquire a Post Graduate W.P(C) No. 504 of 2009-I : 5 : degree cannot be found fault with. The question is whether she could achieve that desire by getting admission in the service quota. The service quota is provided for admission to Post Graduate Degree course to enable the Lecturers in the Government service to get qualified for promotion and to secure their career advancement. A desire unconnected with the career advancement cannot be a ground for challenging the conditions in Ext.P1 prospectus for admission to Post Graduate degree courses. It cannot be said that the condition in Ext.P1 which is impugned in this Writ Petition is violative of the fundamental rights of the petitioner as contended by the petitioner. The promotion prospects of the petitioner are not affected. Career advancement would be also possible for the petitioner since it is made clear in Ext.P4 that the Diploma which the petitioner holds is equivalent to MS/MD degree. The reasons stated in Ext.P4 for rejection of the request of the petitioner is just and reasonable. The conditions in Clause VII(a)(4) of Ext.P1 prospectus cannot be said to be arbitrary or unreasonable. The Writ Petition lacks merit and it is accordingly dismissed. Sd/- K.T.SANKARAN, JUDGE //True Copy// ab PA to Judge W.P(C) No. 504 of 2009-I : 6 : W.P(C) No. 504 of 2009-I : 7 :