ANIL KUMAR Vs. P.K. SATHEESH KUMAR

JUDGEMENT

(1.) THESE two Writ Appeals arise out of a common judgment in W.P(C).No.1667 of 2013 and other connected cases. Appellant in W.A.No.1145 of 2013 was the 10th respondent before the learned Single Judge and appellant in W.A.No.1148 of 2013 was the 9th respondent.

(2.) THE Writ Petition came to be filed by one Dr.Satheesh Kumar, who was working as Assistant Insurance Medical Officer, Employees State Insurance Dispensary, Kuttamperoor, Alappuzha. The stand of the writ petitioner before the learned Single Judge was that he being a candidate aspiring for admission to Post Graduate Medical/Diploma Courses in Kerala is aggrieved by communication at Exhibit P6 lowering the eligibility benchmark for admission laid down by the Regulations of Medical Council of India. According to him, the prospectus for admission to Post Graduate Diploma Courses in the State of Kerala, in so far as method of selection for inservice candidates, once eligible, then selection is purely based on seniority in view of the Kerala Medical Officers Admission to Post Graduate Courses Under Service Quota Act, 2008 (Act 29 of 2008) (hereinafter referred to as 'the Service Quota Act). Therefore, writ petitioner challenges Exhibit P6 as ultra vires to statutory regulation of Medical Council of India (MCI) in total violation of the eligibility benchmark contemplated in the regulations at Exhibit P3 and prospectus at Exhibit P1, therefore, they have sought for the following reliefs:

(3.) IT is also brought on record that the State of Kerala informed the Joint Secretary and others that the State Government was willing to participate in the NEET-PG Entrance Examination subject to condition that the State Government will hold counseling of State quota seats, since the State has its own criteria for communal reservation, regional reservation and special reservation. Guidelines also came to be issued by the Government as per GO(Rt)No.3288/12/H&FWD dated 5.10.2012. As per this, prospectus for admission to Post Graduate Medical Courses will be issued by the Director of Medical Education with the prior approval of Government every year. It referred to reservation principles for admission from the year 2013 onwards. Therefore, candidates aspiring for post graduation in medical field had to quality the NEET-PG test. The Prospectus is at Exhibit P4 dated 19.4.2013. The Prospectus referred to various aspects how the selection and allotment in the State quota seats will be conducted. Clause VII of the Prospectus relates to reservation of seats for service quota, which includes Medical Education Service Quota (MESQ), Health Service Quota (HSQ), Insurance Medical Service Quota (IMSQ) and Municipal Service Quota (MSQ). Clause VIII(d) prescribes eligibility criteria, including minimum duration of service weightage for rural and difficult rural service etc. By referring to Section 3 and 4 of the Service Quota Act, it is contended that, according to the scheme of the Act, notwithstanding anything contained in MCI Act or any Rule, Regulation so far as selection of medical officers for admission to Post Graduate study in the State of Kerala under service quota, it shall be made only under the provisions of the Service Quota Act. According to the State, majority of the population in the State primarily consist of common people, who depend on public health care system, which is manned by in-service doctors, therefore, the State intends maximum number of qualified inservice candidates to secure admission. Therefore, provision is made in the Prospectus for transfer of seats from in-service quota to general quota only if any seats under in-service quota are not filled up. According to them, the changes adopted for the year 2013 is beneficial to in-service candidates at large.