DR. ALVIN TREASA GEORGE, M.D, D.N.B, DEPARTMENT OF GENERAL MEDICINE, AMALA INSTITUTE OF MEDICAL SCIENCES, THRISSUR Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner, who is working as Associate Professor in the Department of General Medicine, Amala Institute of Medical Sciences, has filed this writ petition, challenging Ext.P11 order passed by the Medical Council of India, by which she is found ineligible for promotion as Associate Professor.

(2.) Petitioner is a Post Graduate with M.D in General Medicine and D.N.B (General Medicine). She points out that while she was undergoing PG Degree Course she has completed three years junior residency, as part of the Post Graduation. As per Ext.P1 issued on 13.11.2007, the University of Calicut awarded her the Degree of Doctor of Medicine in General Medicine. After she completed the PG Degree course, she worked as Senior Resident for the period from 09.08.2007 to 08.08.2008 under the Government of Kerala, based on Ext.P3 order of appointment. Petitioner submits that her appointment as Senior Resident was made on the basis of notification issued, based on Ext.P2 order dated 30.06.2007, by which applications were invited for appointment to the post of Medical/Dental/PG Degree Holders/Super Speciality Degree Holders as Senior Residents on contract basis in the Government Medical/Dental Colleges under bonded obligation. As per Ext.P2 order issued on 30.06.2007, Government had accorded sanction for appointing Medical/Dental/PG Degree Holders/Super Speciality Degree Holders as senior Residents on contract basis in the Government Medical/Dental Colleges for a period of one year, as partial fulfilment of their bonded obligation, against the vacancies in the sanctioned posts of Lecturers and Assistant Professors, on a consolidated remuneration of Rs. 15,000/- per month. This contract arrangement was to be terminated as and when regular hands join duty either through PSC or by promotion or on completion of one year term. Simultaneously, Government also ordered enhancement of remuneration to the contract appointees upto Rs. 10,000-15,000/-, in the case of Lecturers with Medical PG Degree/Super Speciality Degree. In Ext.P3 order of appointment, issued on 11.07.2007, the Director of Medical Education ordered as follows: "Dr.Alvin Treasa George, who is a candidate for the post of Senior/Junior Resident/Lecturer on contract basis as per boned obligation in response to the notification read as 3rd paper, is temporarily appointed as Senior/Junior Resident on Contract Basis in the Department of General Medicine, Medical College Thrissur on a consolidated pay of Rs. 15,000/- per month for a period of one year....."

(3.) Ext.P3 order refers to the order Ext.P2 issued on 30.06.2007, another order issued by Government on 30.06.2007 itself and the notification issued by the DME on 30.06.2007. The Principal of the Medical College has issued Ext.P4 experience certificate certifying her service for the period from 09.08.2007 to 08.08.2008 as Senior Resident in the Department of Medicine.