SHINAZ SADIQ Vs. STATE OF KERALA

JUDGEMENT

(1.) These writ petitions have been filed by the petitioners who are students of Super Speciality Courses, aggrieved by the direction issued by the Government in temporarily posting them to Medical College, Alappuzha as well as Medical College, Thrissur. W.P.(C) Nos.24138, 24626, 24798, 25897 and 32281 of 2012 are filed the respective petitioners challenging the orders temporarily posting them from the Medical College, Thiruvananthapuram to Medical College, Alappuzha. W.P.(C) Nos.24705 and 24853/2011 are filed by the petitioners who have been posted temporarily from Medical College, Calicut to Medical College, Thrissur.

(2.) I shall refer to the relevant facts contained in W.P.(C) No.24138/2011. The petitioners therein are students undergoing Post Graduate Courses in Super Specialities in Thiruvananthapuram Medical College. They were selected and admitted to the courses in 2010 after qualifying themselves in the Entrance Examination. They had joined in different Specialities after allotment in Thiruvananthapuram Medical College.

(3.) Ext.P2 is the order impugned, wherein it is mentioned that the petitioners are temporarily posted to Medical College, Alappuzha as part of clinical training for three months on rotation basis. The petitioners point out that there is clear prohibition against it under the relevant clauses in the Post Graduate Medical Regulations 2000. It is also pointed out that Alappuzha Medical College is not a recognised institution for Post Graduate Super Speciality Courses and the said College has no infrastructural facilities or faculty as prescribed by the Medical Council of India. Thus, it is pointed out that for clinical training they have been posted in an unrecognised and unauthorised centre which is not included in the prospectus for the year 2010. The petitioners are relying upon clauses 10 and 13 of Ext.P1 Regulations. In the said Regulations, there is a specific clause under the heading Migration, which according to the petitioners, cuts at the root of the matter.