W.P(C).No.

28963 of 2020-U 1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE SMT. JUSTICE P.V.ASHA

TUESDAY, THE 22ND DAY OF DECEMBER 2020 / 1ST POUSHA, 1942

WP(C).No.28963 OF 2020(U)

PETITIONER:

JIBIN C.P,
AGED 37 YEARS,
S/O.DR.C.P.KUNHEEN,
ASSISTANT SURGEON,
FAMILY HEALTH CENTRE,
MOOTHEDAM,
MALAPPURAM-679 331.

BY ADVS.
SRI.KALEESWARAM RAJ
SRI.VARUN C.VIJAY
KUM.A.ARUNA
SMT.MAITREYI SACHIDANANDA HEGDE

RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS DIRECTOR GENERAL OF HEALTH
SERVICES, THE DIRECTORATE GENERAL OF HEALTH
SERVICES, ROOM NO.446-A, NIRMAN BHAVAN,
RAJPATH AREA, CENTRAL SECRETARIAT,
NEW DELHI-110 001.

2 NATIONAL BOARD OF EXAMINATION

REPRESENTED BY ITS PRESIDENT
MEDICAL ENCLAVE, ANSARI NAGAR,
RING ROAD, NEW DELHI – 110 029.

3 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT
HEALTH AND FAMILY WELFARE DEPARTMENT
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM – 695 001.

4 THE DIRECTOR OF MEDICAL EDUCATION,

DIRECTORATE OF MEDICAL EDUCATION,
MEDICAL COLLEGE P.O,
THIRUVANANTHAPURAM-695 011.
W.P(C).No.28963 of 2020-U 2

5 COMMISSIONER OF ENTRANCE EXAMINATIONS,

HOUSING BOARD BUILDINGS,
SANTHI NAGAR,
THIRUVANANTHAPURAM – 695 001.

6 NATIONAL MEDICAL COMMISSION OF INDIA

REPRESENTED BY ITS SECRTARY
POCKET 14, SECTOR-8, DWARAKA PHASE-1,
NEW DELHI-110 077.

7 POST GRADUATE MEDICAL EDUCATION BOARD,

REPRESENTED BY ITS PRESIDENT, POCKET-14,
SECTOR-8, DWARAKA PHASE-1,
NEW DELHI 110 077.

SENIOR GOVERNMENT PLEADER SRI.V.MANU,

ASGI. SRI.P.VIJAYAKUMAR,
SRI.TITUS MANI VETTOM, STANDING COUNSEL

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

22.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).No.28963 of 2020-U 3

P.V.ASHA, J.
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W.P(C).No.28963 of 2020-U
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Dated this the 22nd day of December, 2020

JUDGMENT

The petitioner, who is working as an Assistant Surgeon in Family Health

Centre, Moothedam, Malappuram, aspires to pursue post-graduation in Paediatrics

stream. Pointing out that the Government is not taking steps to provide reservation

to inservice medical officers for admission to postgraduate degree course, the

petitioner has submitted Ext.P3 representation pointing out the judgment of the

Apex Court in Tamil Nadu Medical Officers Association and Others v. Union of

India [2020 SCC OnLine SC 699] requesting for appropriate action for reviving

the service quota, which was available till 2015-16.

As it is a matter requires action by the Government, the Writ Petition is

disposed of with a direction to the 3rd respondent to consider and pass orders on

Ext.P3 representation within a period of two months form the date of receipt of a

copy of this judgment. As the petitioner points out that the notification for NEET

would be issued in January, 2021, Government shall take expeditious action on the

representation.

Sd/- (P.V.ASHA, JUDGE)

rtr/
W.P(C).No.28963 of 2020-U 4

APPENDIX

PETITIONER'S EXHIBITS

EXHIBIT-P1: TRUE COPY OF THE G.O(MS) NO.463 DATED 07.11.2020

ISSUED BY THE HEALTH AND FAMILY WELFARE DEPARTMENT OF GOVERNMENT
OF TAMIL NADE.

EXHIBIT-P2: TRUE COPY OF THE G.O(Rt)No.15/2016/H&FWD DATED

4.1.2016 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT-P3: TRUE COPY OF THE REPRESENTATION DATED 19.12.2020

SUBMITTED BEFORE THE 3RD RESPONDENT.