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Previously, the Kerala Administrative Tribunal had held that a candidate, who got admission for PG Medical Course through quota meant for Insurance Medical Service, shall be entitled to opt for Government Service after the completion of his course. The KAT had directed the IMS to relieve him to serve in the Health Service Department.
The Division Bench of the Kerala High Court comprising Justice V Chitambaresh and Narayana Pishardi faced a challenge by the Director of Insurance Service and the Government against the above-mentioned order. In view of the High Court, the candidate cannot be permitted to discontinue serving in the IMS and switch to the other avenue of governmental service which is more lucrative.
The candidate has been serving as an Assistant Surgeon at the time of his admission for PG Course. He secured the admission through quota for IMS, and he also made a declaration that he would serve IMS after his course completion. Upon refusal to grant relieving letter by the IMS, he approached the KAT challenging the refusal.
The candidate relied on a clause in the prospectus which stated that the service quota candidates have to serve the Government after the course. He argued that he had to serve the Government and not the IMS, and the tribunal accepted this contention and declared in favour of his. Nevertheless, the High Court noted that the admission through service quota for IMS was subject to a condition which is a declaration by a candidate to serve IMS after the course. He was considered to be on duty and received deputation benefits and payments coupled with allowances during his course period. He cannot be permitted to switch to the Health Services Department because even that falls under the Government.
The Hon’ble bench of the High Court denied the stance taken by the candidate by stating that Insurance Medical Services are meant to render medical aid to employees covered by the Employees’ State Insurance Act, 1948, which is welfare legislation. The very object of reserving admission to the PG Courses is to secure expertise for the doctors who treat such employees.
The Court found the contention made by the candidate to be unconvincing and said that the conditions in the prospectus are general in nature, whereas the special clauses relating to PG admissions through IMS quota supersede the general clauses in the prospectus. The court stated that the candidate is free to relieve himself from IMS by paying liquidated damages and such other amount, whatever he received during his study and duty period, to the government. Hence, the court set aside the order passed by the KAT. It is pertinent to note that the court said that the medical profession must not be treated as a lucrative field as it comprises an element of service.
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