High Court of KeralaSingle Judge2012-01-11Writ petition disposed of with directions as st...

Kerala Government Medical College Teachers' Association v. State of Kerala and Others

Case / Petition Number:WPC.No. 10914 of 2011 (L)

Neutral Citation:WPC 10914 of 2011 (Ker.)

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: V. Chitambaresh
Judgment Date: 2012-01-11
Court Decision / Holding: The writ petition is disposed of. Ext.P7 representation shall be disposed of by the 5th respondent Principal of the Medical College, Thiruvananthapuram within one month from the date of receipt of a copy of the judgment after notice to the petitioner and affected parties. Further assignment of land within the Medical College, Thiruvananthapuram shall be kept in abeyance until sufficient staff quarters are provided in accordance with the Medical Council of India regulations.
Final Disposition: Writ petition disposed of with directions as stated above.

Parties to the Case

Appellants / Petitioners

Kerala Government Medical College Teachers' Association
Dr. Sheela Mathew

Respondents

State of Kerala
Secretary to Government, Health and Family Welfare Department
Secretary to Government, Revenue Department
Director of Medical Education
Sree Chithira Tirunal Institute of Medical Sciences and Technology
The Principal, Medical College, Thiruvananthapuram
The Medical Council of India

Legal Representation & Advocates

Counsels for Petitioners

• Adv. Sri. Elvin Peter P.J.
• Adv. SMT. Pooja Surendran

Counsels for Respondents

• Adv. Sri. T.R. Ravi, SC
• Adv. Sri. Alexander Thomas, SC, MCI

Case Synopsis & Summary

This writ petition challenges Ext.P4, a government order that assigned 84.384 cents of land within the premises of the Medical College, Thiruvananthapuram, to a para-medical institution. The petitioners, the Kerala Government Medical College Teachers' Association and Dr. Sheela Mathew, contend that the land allocation is contrary to the Medical Council of India (MCI) Minimum Standards regulations, which require provision of adequate residential quarters for teaching staff. Ext.P1, especially Clause B 10.2, states there shall be sufficient quarters to cover at least 50% of the teaching staff and Class IV employees. RTI disclosures (Ext.P2, Ext.P3) show a large staff (552) with only 12 quarters available, indicating a severe housing shortfall. The petition argues that land alienation should be restrained until staff housing is provided in line with Ext.P1, and sale proceeds (Ext.P4) could be diverted to construct flats or apartments for staff, as urged in Ext.P7. The fourth respondent asserts the land is being used for a national-importance biomedical research center, and that sale has already occurred with only partial vacating of staff quarters; they claim alternative land is available within the campus for housing. The court cites the Supreme Court's Medical Council of India v State of Karnataka (JT 1998 (5) SC 40) to affirm the statutory force of MCI regulations and directs that Ext.P7 be disposed of within one month after notice, while keeping future land assignments on hold pending staff housing. The petition is disposed of accordingly.

Provisions of Law Cited

Medical Council of India Regulations: Minimum Standards for the Running of Medical Colleges (Clause B 10.2)Right to Information ActG.O.(RT) No.3456/2010/Revenue

Legal Doctrines & Maxims

Statutory force of Medical Council of India regulations in light of the Supreme Court judgment Medical Council of India v State of Karnataka (JT 1998 (5) SC 40)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that Ext.P4 assigns land inside the Medical College compound contrary to the MCI Minimum Standards regulations, which require housing for teaching staff. Citing Ext.P1, especially Clause B 10.2, they point to the RTI-derived data in Ext.P3 showing 552 staff but only 12 quarters, indicating an acute housing shortfall. They argue sale proceeds (Ext.P4) should be used to fund staff quarters, and Ext.P7 should be acted upon to provide flats/apartments for staff and Class IV employees. They urge that further land assignments be put on hold until adequate staff housing is provided, consistent with Ext.P1. The judgment in Medical Council of India v. State of Karnataka (JT 1998 (5) SC 40) is invoked to underline the regulatory regime’s statutory force. They request disposal of Ext.P7 within one month and protection of staff housing interests as a public welfare objective.

Contentions of Respondents

The respondents contend that Ext.P4 involves an assignment to a para-medical institute for a biomedical center and that sale consideration has already been paid with mutation effected. They note that only one of the three staff quarters on the land is vacant, while two are occupied by staff and students who have completed courses; there is a claim that alternative land within the campus can be used for staff housing, making a blanket hold on assignments impractical. They emphasize ongoing development aims and argue the need to proceed with the Government’s project, while still considering staff housing through other arrangements.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Medical Council of India v State of Karnataka and Others	JT 1998 (5) Supreme Court 40	Positive	Cited to support that MCI regulations have statutory force.

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Extracted Judgment Text

Exact text extracted from official judgment records.

**IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** **THE HONOURABLE MR.JUSTICE V.CHITAMBARESH** **WEDNESDAY, THE 11TH DAY OF JANUARY 2012/21ST POUSHA 1933** **WPC.No. 10914 of 2011 (L)** **=========================** ## **PETITIONERS** **=============** **1 KERALA GOVERNMENT MEDICAL COLLEGETEACHERS' ASSOCIATION, REG.NO.114/70, THIRUVANANTHAPURAM UNIT, REPRESENTED BY ITS SECRETARY, DR.MANOJ T.PILLAI, "MAYOORAM", K.P.7/837, KUDAPPANAKKUNNU.P.O., THIRUVANANTHAPURAM-43.** **2. DR.SHEELA MATHEW, ADDITIONAL PROFESSOR (INFECTIOUS DISEASE), MEDICINE DEPARTMENT, MEDICAL COLLEGE, THIRUVANANTHAPURAM.** **BY ADV.SRI.ELVIN PETER P.J. SMT.POOJA SURENDRAN** ## **RESPONDENTS** **=============** **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT HEALTH AND FAMILY WELFARE DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001** - **2 THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695001** - **3 THE DIRECTOR OF MEDICAL EDUCATION, MEDICAL COLLEGE.P.O., THIRUVANANTHAPURAM-695011** ## **WPC.No. 10914 of 2011 (L) --2--** **4 THE SREE CHITHIRA THIRUNAL INSTITUTE OF MEDICAL SCIENCES AND TECHNOLOGY, THIRUVANANTHAPURAM-695 011 REPRESENTED BY ITS DIRECTOR.** **5 THE PRINCIPAL, MEDICAL COLLEGE, THIRUVANANTHAPURAM-695011** **6 THE MEDICAL COUNCIL OF INDIA, POCKET-14, SECTOR-8, DWARKA-1, NEW DELHI-110 077, REPRESENTED BY ITS SECRETARY.** **BY ADV.** **SRI.T.R.RAVI,SC,SREE CHITRA TIRUNAL INS SRI.ALEXANDER THOMAS, SC, MCI** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-01-2012 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **WPC.No. 10914 of 2011 (L)** ## **APPENDIX** ## **PETITIONER'S EXHIBITS** - **P1 COPY OF THE RELEVANT PAGES OF THE MINIMUM STANDARD** - **REQUIREMENTS FOR THE MEDICAL COLLEGE REGULATIONS ISSUED BY THE MEDICAL COUNCIL OF INDIA** - **P2 COPY OF THE APPLICATION DATED 12-7-2010 SUBMITTED BY** - **Dr.S.RADHAKRISHNAN** - **P3 COPY OF THE REPLY GIVEN BY THE 5TH RESPONDENT AS PER COMMUNICATION DATED 03-08-2010** - **P4 COPY OF THE ORDER , G.O.(RT) NO.3456/2010/REVENUE DATED 20-07-2010 ISSUED BY THE 2ND RESPONDENT** - **P5 COPY OF THE NOTICE DATED 07-10-2010 ISSUED BY THE 5TH RESPONDENT TO Dr. RADHAKRISHNAN** - **P6 COPY OF THE NOTICE DATED 07-10-2010 ISSUED BY THE 5TH RESPONDENT TO** - **Dr. SOBHA RAMNARAYAN** - **P7 COPY OF THE REPRESENTATION DATED 11-1-2011 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 5TH RESPONDENT** ## **RESPONDENT'S EXHIBITS NIL** ## **TRUE COPY** ## **P.A. TO JUDGE** ## **MM** ## **V.CHITAMBARESH,J.** = = = = = = = = = = **W.P.(C) NO. 10914 OF 2011** = = = = = = = == = = = = = Dated this the 11[th] day of January, 2012 **==> picture [168 x 17] intentionally omitted <==** The first petitioner is the Kerala Government Medical College Teachers Association and the second petitioner is the Additional Professor in the Medical College, Thiruvananthapuram. Their complaint is that the land within the compound of the Medical College, Thiruvananthapuram is being assigned away without providing quarters to the existing teaching staff. Ext.P4 order by which the Government assigned 84.384 cents of land falling within the compound of the Medical College, Thiruvananthapuram is impugned in this writ petition. 2.Ext.P1 is the regulation of the Medical Council of India prescribing minimum standards for the running of a Medical College. Clause B 10.2 of the regulations inter alia states as follows, - ' there shall be sufficient number of quarters for covering - at least 50% of the teaching staff and class IV strength' **W.P.(C) NO. 10914 OF 2011** 2 One of the teachers had put in Ext.P2 query under the Right to Information Act about the number of the teaching staff in the Medical College, Thiruvananthapuram and the number of residential quarters alloted to them. Ext.P3 is the reply to the query wherein it is stated that the total number of teaching staff is 552 and that only 12 numbers of quarters are available. The grievance of the petitioner is that the Government should first provide quarters to the teaching staffs as per Ext.P1 regulations before attempting to fritter away the property. 3. The assignee under Ext.P4 is the fourth respondent who is running a Para Medical Institution which is a super specialty centre of national importance. It is now brought to my notice that the fourth respondent had already paid a sum of Rs.1,52,94,096/towards sale consideration and mutation is also **W.P.(C) NO. 10914 OF 2011** 3 effected. The counsel for the fourth respondent submitted that the land so taken assignment of is proposed to be used for pursuing Bio-Medical Research. It is also brought to my notice that only one out of the three quarters situated in the land so assigned has been vacated. The other two staff quarters are occupied by a doctor and students who have already completed the course in the Medical College, Thiruvananthapuram. It may not be just and feasible to annul the assignment at this distance of time especially when alternate land is available in the compound for the construction of staff quarters. 4. Ext. P7 is the representation put in by the first petitioner Association to the Principal of Medical College, Thiruvananthapuram praying that sufficient quarters may be constructed . It is not necessary that separate villas need be constructed to provide ## **W.P.(C) NO. 10914 OF 2011** 4 accommodation to the teaching staff and class 1V employees. The Principal of the medical college Thiruvananthapuram shall taken up Ext.P7 representation and explore the possibility of constructing flats/apartments to provide decent accommodation to the teaching staff and Class 1V employees. This will be in tune with Ext.P1 regulations of the Medical Council of India which have a statutory force in view of the judgment in the **Medical Council of India vs. State of Karnataka and Others (JT 1998** **(5) Supreme Court 40).** It will only be fair if further assignment of land available in the Medical college, Thiruvananthapuram is put on hold till sufficient accommodation is provided to the teaching staff as per the regulations of the Medical Council of India. The counsel for the petitioners pointed out that the sale consideration of Rs.1,52,94,096/- received by the **W.P.(C) NO. 10914 OF 2011** 5 Government can profitably be made use of for the purpose of constructing this flats/apartments. 5. Ext.P7 representation shall be disposed of by the 5[th] respondent Principal of the Medical College Thiruvananthapuram within a period of one month from the date of receipt of a copy of this judgment after notice to the petitioner and affected parties. The writ petition is disposed of as above. V.CHITAMBARESH JUDGE smm