IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HON'BLE THE CHIEF JUSTICE MRS. MANJULA CHELLUR & THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 10TH DAY OF JANUARY 2013 20TH POUSHA 193 OP(KAT).No. 127 of 2013 (Z) --------------------------- O.A.NO. 61/2013 of KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM PETITIONER(S): ------------- 1. DR.NISHOR T KUMBLOLIL, KUMBLOLIL HOUSE, CHALAPPALLY.P.O, EZHUMATTOOR PATHANAMTHITTA-689 596, PATHANAMTHITTA DISTRICT.
2. DR.ARYA PRIYA.S. SREEPADAM, KALLIMEL MANAKKADOM PILLIL KARUVATTA NORTH.P.O, ALAPPUZHA-695 017 ALAPPUZHA DISTRICT.
3. DR.NIMISHA S.DAS, SOPANAM, KARAKKADA, KURAKKADA.P.O ATTINGAL, THIRUVANANTHAPURAM-695 104 THIRUVANANTHAPURAM DISTRICT.
4. DR.NEETHU SURESH, SREENIKUNJAM, ARALUMMOODU.P.O, NEYYATTINKARA THIRUVANANTHAPURAM-695 123 THIRUVANANTHAPURAM DISTRICT.
5. DR.JOHN JOSEPH, KOCHUPARAMBIL HOUSE, JETTY ROAD, KUMARAKOM.P.O KOTTAYAM-686 563, KOTTAYAM DISTRICT.
6. DR.ANVIN MATHEW, MUKALEL HOUSE, EDAMATTOM, PALA KOTTAYAM-686 588, KOTTAYAM DISTRICT.
7. DR.ASWATHY.U.R, ULLATTIL HOUSE, MULAKKULAM SOUTH.P.O, PERUVA KOTTAYAM-686 610, KOTTAYAM DISTRICT.
8. DR.NIDHIN MATHEW, THUSHARA, PERUMPUZHA.P.O, KOLLAM-691 504 KOLLAM DISTRICT. BY ADV. SRI.VISHNU S.CHEMPAZHANTHIYIL OP(KAT) 127/13 2 RESPONDENT(S): -------------- 1. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM THIRUVANANTHAPURAM-695 004.
2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT GOVT. SECRETARIAT, THIRUVANANTHAPURAM”
001. R BY SRI.P.C.SASIDHARAN, SC, KPSC THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 10-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(KAT) 127/13 3 APPENDIX PETITIONER'S EXTS. EXT.P1 TRUE COPY OF O.A.NO.61 OF 201.FILED BY THE PETITIONERS BEFORE THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM BENCH. EXT.P2 TRUE COPY OF THE KERALA HEALTH SERVICES (MEDICAL OFFICERS) (SPECIAL RULES) 2010. EXT.P3 TRUE COPY OF THE ORDER DATED 8 1.2013 IN O.A.NO.61 OF 201.OF THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM BENCH. Lgk //true copy// PA TO JUDGE MANJULA CHELLUR, C.J & K.VINOD CHANDRAN, J ........................................... O.P(KAT) No.127 of 2013 ............................................ DATED THIS THE 10th DAY OF JANUARY, 2013 JUDGMENT Manjula Chellur, CJ Heard Sri K.R.B.Kaimal, learned Senior Counsel appearing for the petitioners and also learned Standing Counsel appearing for the respondents.
2. It is not in dispute that the first respondent Kerala Public Service Commission invited applications for the post of Assistant Surgeon in Health Services Department in pursuance of the Notification dated 19.11.2012 fixing the last date for receipt of application as 3.12.2012. According to the petitioners, after completing their Medical Degree Course in the year 2011, they had their Temporary Registration with Travancore Cochin Medical Council (Provisional Certificate). Therefore, apart from having required educational qualification, they also had OP(KAT) 127/2013 2 required registration in terms of the Notification. Therefore, they applied to the post of Assistant Surgeon in Health Services Department. The House Surgency of the petitioners was over by 17.10.2012 and due to various reasons, the registration of a large number of students could not be completed for registration with Travancore Cochin Medical Council on or before 3.12.2012. Therefore, they were not able to produce Permanent Registration as indicated in the Notification for reasons beyond their control. According to them, even otherwise, the Provisional Certificate issued by the Council is valid and has to be considered to allow the petitioners to take part in the selection process. They also contended before the Tribunal that as per Note 3 under Rule 3 of Kerala Health Services (Medical Officers) (Special Rules), 2010 (hereinafter referred to as 'the Special Rules') provide only for a valid permanent OP(KAT) 127/2013 3 registration. Therefore, there was no justification on the part of the Commission to insist upon production of Permanent Registration Certificate.
3. The respondent Commission resisted the said application before the Tribunal by contending that there is vast difference between the Provisional Certificate and the Permanent Registration Certificate. Provisional Certificate only entitles or enables a person with Medical Degree to secure training as Resident Medical Capacity (House Surgeon) or in the Medical Services of Armed Forces of the Union, but not for the purpose of securing a job on regular basis in the Department of Health Services. Tribunal accepted the contention of the Commission and rejected the application. Aggrieved by the same, present petition is filed wherein learned Senior Counsel places reliance on Note 3 under Rule 3 of the Special Rules, which reads as under:- OP(KAT) 127/2013 4 "All persons must possess valid registration with Travancore-Cochin Medical Council/Kerala Dental Council for selection, appointment and for holding any post in this service".
4. It is not in dispute that as per the Notification, Permanent Registration in clause A of Modern Medicine of the Travancore Cochin Medical Council was indicated. Definitely, the word 'permanent' does not find a place in Rules 3 of the Special Rules. So far as securing a Registration Certificate, Section 25 of the Indian Medical Council Act, 1956 (in short, 'the Act') provides various provisions. The relevant provisions are Section 25(1) and (2) which read as under:- "25. Provisional Registration - (1) A citizen of India possessing a medical qualification granted by a medical institution outside India included in Part II of the Third OP(KAT) 127/2013 5 Schedule, who is required to undergo practical training as prescribed under sub- section (3) of Section 13, shall, on production of proper evidence that he has been selected for such practical training in an approved institution, be entitled to be registered provisionally in a State Medical Register and shall be entitled to practise medicine in the approved institution for the purposes of such training and for no other purpose. (2) A person who has passed the qualifying examination of any University or medical institution in India for the grant of a recognised medical qualification shall be entitled to be registered provisionally in a State Medical Register for the purpose of enabling him to be engaged in employment in a resident medical capacity in any approved institution, or in the Medical Service of the Armed Forces of the Union, and for no other purpose, on production of proper evidence that he has been selected OP(KAT) 127/2013 6 for such employment".
5. Apparently, the Certificate in favour of the petitioners herein refers to all the requirements and the words indicated in Section 25(2) of the Act. By reading Section 25(2) of the Act, which is indicated in the Certificate at Annexure A4, it would only mean that except for the purpose indicated in Section 25(2) of the Act, which is reflected in Annexure A4, such Certificate cannot be used for any other purpose. On the other hand, such Provisional Certificate should be surrendered while applying for final registration on completion of Internship. Reading of Section 25(2) and the Notification requiring Permanent Registration would only indicate, the word 'final registration' in Section 25(2) of the Act refers to Permanent Registration. It cannot be read otherwise. In that view of the matter, when the candidates with Provisional Certificate cannot be allowed OP(KAT) 127/2013 7 to practise except the work they could do in terms of Section 25(2) of the Act, we are unable to understand how such Certificate would entitle them to apply to the post of Assistant Surgeon in the Department of Health Services. In view of the above reasoning, we are of the opinion, nothing remains for us to consider in this original petition warranting interference with the order of the Tribunal. Accordingly, the original petition is dismissed. MANJULA CHELLUR, CHIEF JUSTICE. K.VINOD CHANDRAN, JUDGE lgk