Kerala High Court
Dr. Asha Sreedhar vs Dr. Shahinamole.S on 20 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 20TH DAY OF DECEMBER 2022/29TH AGRAHAYANA, 1944
OP(KAT).NO.124 OF 2017
AGAINST THE ORDER DATED 30.03.2017 IN O.A.NO.2396/2016 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/6TH RESPONDENT:
DR. ASHA SREEDHAR, AGED 51 YEARS
D/O. THE LATE D. SREEDHARAN NAIR, AGED 51
YEARS,ASSOCIATE PROFESSOR,DEPARTMENT OF PRASUTHI
STREEROGA,GOVT. AYURVEDA COLLEGE,TRIPUNITHURA,
ERNAKULAM, KERALA 682 031,RESIDING AT HOUSE NO 130,
NARAYANEEYAM" GANDHARI NAGAR,PULIMOODU,
THIRUVANANTHAPURAM -695 001
BY ADV.SRI.O.V.RADHAKRISHNAN (SR.)
BY ADV.SRI.S.ABHILASH
BY ADV.SMT.RENY ANTO
BY ADV.SRI.K.SIJU
RESPONDENTS/APPLICANT AND RESPONDENTS 1 TO 5:
1 DR. SHAHINAMOLE.S
ASSOCIATE PROFESSOR, DEPARTMENT OF PRASUTHI
AND STREEROGA, GOVERNMENT AYURVEDA COLLEGE,
KANNUR,PARIYARAM, MEDICAL COLLEGE (PO),
KANNUR DISTRICT PIN 670 567
2 STATE OF KERALA
REPRESENTED BY ITS SECRETARY AYUSH DEPARTMENT,
THIRUVANANTHAPURAM,KERALA 695 001
3 CONVENER
DEPARTMENTAL PROMOTION COMMITTEE TO PREPARE THE
SELECT LIST FOR PROMOTION TO THE POST OF PROFESSOR
O.P.(KAT).NOS.124,
148 & 319 OF 2017 :: 2 ::
IN THE GOVERNMENT AYURVEDA COLLEGE (SECRETARY,
AYUSH DEPARTMENT)SECRETARIAT, THIRUVANATHAPURAM,
KERALA, PIN 695 001
4 DIRECTOR OF AYURVEDA MEDICAL EDUCATION
AROGYA BHAVAN, THIRUVANANTHAPURAM, KERALA 695 001
5 KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY,PATTOM,
THIRUVANANTHAPURAM, KERALA 695 004
6 DR. PADMAJA DEVI
ASSOCIATE PROFESSOR,DEPARTMENT OF PRASUTHI AND
STREEROGA,GOVERNMENT AYURVEDA COLLEGE HOSPITAL FOR
WOMEN & CHILDREN,POOJAPPURA (P.O),THIRUVANANTHAPURAM,
KERALA 695 012
BY ADV.SRI.ELVIN PETER P.J.
BY ADV.SRI.T.G.SUNIL PRANAVAM
BY SRI.P.C.SASIDHARAN, SC
BY GOVERNMENT PLEADER SRI.BIJOY CHANDRAN
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR HEARING ON 13.12.2022 ALONG WITH OP(KAT).NOS.148/2017
AND 319/2017, THE COURT ON 20.12.2022 DELIVERED THE
FOLLOWING:
O.P.(KAT).NOS.124,
148 & 319 OF 2017 :: 3 ::
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 20TH DAY OF DECEMBER 2022 / 29TH AGRAHAYANA, 1944
OP(KAT) NO. 148 OF 2017
AGAINST THE ORDER DATED 30.03.2017 IN O.A.NO.2396/2016 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/5TH RESPONDENT:
DR.S.PADMAJADEVI
AGED 59 YEARS
ASSOCIATE PROFESSOR, DEPARTMENT OF PRASUTHI AND
STEEROGA, GOVERNMENT AYURVEDA COLLEGE HOSPITAL FOR
WOMEN AND CHILDREN, POOJAPPURA, THIRUVANANTHAPURAM
695 006.
BY ADV.SRI.M.C.GOPI
RESPONDENTS/APPLICANT AND RESPONDENTS 1 TO 4 AND 6:
1 DR.SHAHINAMOL S.
ASSOCIATE PROFESSOR, DEPARTMENT OF PRASUTHI AND
STEEROGA, GOVERNMENT AYURVEDA COLLEGE HOSPITAL,
PARIYARAM, MEDICAL COLLEGE P.O, KANNUR 670 567.
2 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, AYURVEDA
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001.
3 THE CONVENOR
DEPARTMENT OF PROMOTION COMMITTEE TO PREPARE THE
SELECT LIST FOR PROMOTION TO THE POST OF PROFESSOR
O.P.(KAT).NOS.124,
148 & 319 OF 2017 :: 4 ::
IN THE GOVERNMENT AYURVEDA COLLEGE [SECRETARY,
AYUSH DEPARTMENT] SECRETARIAT, THIRUVANANTHAPURAM
695 001.
4 DIRECTOR OF AYURVEDA MEDICAL EDUCATION
AROGYA BHAVAN, THIRUVANANTHAPURAM 695 501.
5 KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY SECRETARY, PATTOM,
THIRUVANANTHAPURAM 695 004.
6 DR.ASHA SREEDHAR
ASSOCIATE PROFESSOR, DEPARTMENT OF PRASUTHI AND
STEEROGA, GOVERNMENT AYURVEDA COLLEGE, TRIPUNITHURA,
ERNAKULAM 682 031.
BY ADV.SRI.ELVIN PETER P.J.
BY ADV.SRI.PRATHEESH.P
BY ADV.SRI.K.SIJU
BY SRI.P.C.SASIDHARAN, SC
BY GOVERNMENT PLEADER SRI.BIJOY CHANDRAN
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR HEARING ON 13.12.2022 ALONG WITH OP(KAT).NOS.124/2017
AND 319/2017, THE COURT ON 20.12.2022 DELIVERED THE
FOLLOWING:
O.P.(KAT).NOS.124,
148 & 319 OF 2017 :: 5 ::
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 20TH DAY OF DECEMBER 2022/29TH AGRAHAYANA, 1944
O.P(KAT).NO.319 OF 2017
AGAINST THE ORDER DATED 30.03.2017 IN O.A.NO.2396/2016 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/RESPONDENTS T TO 3 IN O.A:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, AYUSH DEPARTMENT,
THIRUVANANTHAPURAM.695001.
2 THE CONVENER
DEPARTMENTAL PROMOTION COMMITTEE TO PREPARE THE
SELECT LISTFOR PROMOTION TO THE POST OF PROFESSOR
IN THE GOVERNMENTAYURVEDA COLLEGE (SECRETARY, AYUSH
DEPARTMENT) GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
3 THE DIRECTOR OF AYURVEDA MEDICAL EDUCATION
AROGYA BHAVAN, THIRUVANANTHAPURAM. 695001.
BY SRI.BIJOY CHANDRAN, GOVERNMENT PLEADER
RESPONDENTS/APPLICANT & RESPONDENTS 4 TO 6 IN OA:
1 DR.SHAHINAMOLE S.
ASSOCIATE PROFESSOR, DEPARTMENT OF PRASUTHI
ANDSTREEROGA, GOVERNMENT AYURVEDA COLLEGE, KANNUR,
PARIYARAM MEDICAL COLLEGE, PO, KANNUR.670567.
O.P.(KAT).NOS.124,
148 & 319 OF 2017 :: 6 ::
2 THE KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY,PATTOM,
THIRUVANANTHAPURAM. 695004.
3 DR. S. PADMAJA DEVI
ASSOCIATE PROFESSOR, DEPARTMENT OF PRASUTHI
ANDSTREEROGA, GOVERNMENT AYURVEDA COLLEGE HOSPITALFOR
WOMEN & CHILDREN, POOJAPPURA PO, THIRUVANANTHAPURAM.
695012.
4 DR. ASHA SREEDHAR
ASSOCIATE PROFESSOR, DEPARTMENT OF PRASUTHI AND
STREEROGA, GOVERNMENT AYURVEDA COLLEGE,TRIPUNITHURA,
ERNAKULAM. 682301.
BY ADV.SRI.ELVIN PETER P.J.
BY ADV.SRI.P.C.SASIDHARAN, SC, KPSC
BY ADV.SRI.M.C.GOPI
BY ADV.SRI.K.SIJU
BY ADV.SRI.K.R.GANESH
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR HEARING ON 13.12.2022 ALONG WITH O.P(KAT).NOS.124/2017
AND 148/2017, THE COURT ON 20.12.2022 DELIVERED THE
FOLLOWING:
O.P.(KAT).NOS.124,
148 & 319 OF 2017 :: 7 ::
'C.R.'
JUDGMENT
A.K. Jayasankaran Nambiar, J.
As these O.P.(KAT)'s arise from the common order dated
30.3.2017 in O.A.No.2396 of 2016 before the Kerala Administrative
Tribunal, they are taken up together for consideration and disposed by
this common judgment.
The Facts in Brief:
The applicant before the Tribunal Dr. Shahinamole S. was an
Associate Professor in the Department of Prasuti Tantra and Striroga in
the Government Ayurveda College, Kannur. She approached the
Tribunal aggrieved by the decision of the Departmental Promotion
Committee [DPC] that convened to consider the candidates for
promotion to the post of Professor to a vacancy that arose with effect
from 26.9.2014. The DPC had decided to consider the candidature of
the applicant along with Dr. S. Padmaja Devi and Dr. Asha Sreedhar,
who, according to the applicant, were not qualified in terms of the
Special Rules in force for promotion to the post of Professor in the
O.P.(KAT).NOS.124,
148 & 319 OF 2017 :: 8 ::
Department of Prasuti Tantra and Striroga. The Special Rules in force
as on the date of arising of the vacancy was the one notified in the
Kerala Gazette on 4.8.2007 [Annexure A1]. As per the said Rules, the
post of Professor [Prasuti Tantra and Striroga] was to be filled by
promotion from among Reader (Associate Professor) [Prasuti Tantra
and Striroga] and, in the absence of qualified persons for promotion, by
direct recruitment. Promotion to the category of Professor is based on
cadre seniority in the concerned Department and the candidate is to be
chosen from a select list. The qualifications prescribed for promotion
to the post of Professor under the Special Rules read as follows:
_____________________________________________________________________________
(1) (2) (3)
3. Professor 1. By promotion (1) A Postgraduate Degree in
Ayurveda in the concerned
subject from any of the
Universities in Kerala or
from any other University
recognized by any of the
Universities in Kerala.
(2) Teaching experience for a
minimum period of 10 years
in the concerned subject
of which there should be
5 years experience as
Reader/Assistant Professor
in the Government Ayurveda
College.
(3) Permanent 'A' Class
Registration with Travancore
Cochin Medical Council
(Council of Indigenous
Medicine).
2. By Direct Recruitment (1) A Postgraduate Degree in
O.P.(KAT).NOS.124,
148 & 319 OF 2017 :: 9 ::
Ayurveda in the concerned
subject from any of the
Universities in Kerala or from
any other University
recognized by any of the
Universities in Kerala.
(2) Teaching experience for a
minimum period of 15 years
in the concerned subject
in any of the recognized
Ayurveda Colleges in Kerala
or recognized Ayurveda
Colleges in any other State.
(3) Permanent 'A' Class
Registration with Travancore
Cochin Medical Council
(Council of Indigenous
Medicine).
Desirable: - Published Research papers
in the concerned subject.
Notes 1, 3 and 7 below Rule 5 are important, and they read as follows:
Note:- 1. In accordance with these Special Rules,
Postgraduate Degree in the concerned subject has
been made compulsory qualification for
appointment by promotion and by direct
recruitment to the posts of Professor, Reader
(Associate Professor) and Senior Lecturer
(Assistant Professor).
3. The teaching staff in service as on the date of
coming in force of Special Rules and who have
been recruited before 1-7-1989 shall be exempted
from acquiring the PG Degree qualification.
7. Teachers in service and recruited after 1-7-1989
but recruited before 31-1-1998 and do not possess
the PG Degree qualification in the concerned
subject or in allied subject shall be given five
more years time with effect from 31-1-2003 to
acquire the prescribed qualification.
O.P.(KAT).NOS.124,
148 & 319 OF 2017 :: 10 ::
2. The career paths of Dr. Shahinamole S., Dr. Asha Sreedhar
and Dr. S. Padmaja Devi in the Department of Prasuti Tantra and
Striroga can be tabulated as follows:
Name of Teacher Dr. Shahinamole Dr. S. Padmaja Dr. Asha Sreedhar
S. [applicant] Devi [respondent [respondent No.6]
No.5]
Date of acquisition of PG Prior to 28.8.2002 January, 2005 1.4.2006
qualification
Date of appointment as 28.8.2002 11.12.1991 16.12.1995
Tutor
Date of promotion as 20.1.2006 16.9.1998 11.9.1998
Lecturer
Date of promotion as 21.7.2010 13.10.2004 31.5.2005
Reader/Associate
Professor
Dr. Shahinamole had obtained her PG qualification even at the time
of joining the service as a Tutor, in which post, as per the Special
Rules then in force [Annexure A2; notified with effect from
31.1.1998], the basic qualification required for direct recruitment
was only a first or second class Degree in Ayurveda from any of the
Universities in Kerala or any other Universities recognised by the
Universities in Kerala. A Post Graduate Degree in the concerned
subject from any of the Universities in Kerala or any other
University recognised by the Universities in Kerala was a desirable
qualification. Notes 1 and 3 below Rule 5 of Annexure A2 that
O.P.(KAT).NOS.124,
148 & 319 OF 2017 :: 11 ::
deals with qualifications read as follows:
Note:- 1. In accordance with these Special Rules, Post Graduate
Degree in the concerned subject has been made
compulsory qualification for appointment by promotion
and by direct recruitment to the posts of and above the
category of Lecturer.
3. Teachers in service who do not possess the P.G. Degree
qualification shall be given five years time to acquire the
prescribed qualification. Those who get promoted
during this period and do not acquire the prescribed
qualification within the period shall be reverted.
3. A reading of the Notes below Rule 5 in the erstwhile
Special Rules and the extant one clearly reveals that while a PG
Degree in the concerned subject was made a compulsory
qualification for appointment by promotion and by direct
recruitment to the posts of and above the category of Lecturer, the
teachers in service who did not possess the PG Degree
qualification were given five years time to acquire the prescribed
qualification with the rider that those who got promoted during the
said period and did not acquire the prescribed qualification within
the period would be reverted. The extended period for acquiring
the PG qualification was five years under the erstwhile Rules [till
30.1.2003] and the period was extended further under the extant
O.P.(KAT).NOS.124,
148 & 319 OF 2017 :: 12 ::
Rules for five years from 31.1.2003. The reference in Note 7 below
Rule 5 of Annexure A1 extant Rules is significant for it mentions
the case of teachers recruited after 1.7.1989, which is the date on
which the Indian Medicine Central Council (Minimum Standards of
Education in Indian Medicine) Regulations, 1986 that were framed
under the Indian Medicine Central Council Act, 1970 came into
force and effect. As per the said Regulations, the essential
qualifications for teaching staff recruited after 1.7.1989 included a
Post-graduate qualification in the subject/speciality concerned
included in the Schedule to the Indian Medicine Central Council
Act, 1970.
4. It can be seen from the table above that Dr. Padmaja Devi
and Dr. Asha Sreedhar obtained their PG qualification only in
January, 2005 and April, 2006 respectively, after they were
promoted as Reader/Associate Professor. Dr. Shahinamole S., on
the other hand, had obtained her PG qualification even by the time
of her initial appointment as Tutor. It was therefore her case
before the Tribunal that although it was a fact that Dr. Padmaja
Devi and Dr. Asha Sreedhar had obtained their PG qualification
within the extended period granted under the Special Rules in
O.P.(KAT).NOS.124,
148 & 319 OF 2017 :: 13 ::
force, the period spent by them in the various posts where PG
qualification was prescribed as the essential qualification, could
not be counted towards the teaching experience required for the
post of Professor where also the PG Degree was prescribed as an
essential qualification. She also relied on the provisions of Rule 10
(ab) of Part II Kerala State and Subordinate Services Rules [KS &
SSR] that reads as follows:
"10. Qualifications. _____
(ab) Where the Special Rules or Recruitment Rules for a post
in any service prescribe qualification of experience, it shall, unless
otherwise specified, be one gained by persons on temporary or regular
appointment in capacities other than paid or un paid apprentices,
trainees and Casual Labourers in Central or State Government Service
or in Public Sector Undertaking or Registered Private Sector
Undertaking, after acquiring the basic qualification prescribed for the
post."
The findings of the Tribunal:
5. The Tribunal that considered the issue, found that Rule
10 (ab) of Part II KS & SSR had to be read along with the Special
Rules that prescribed qualifications for the post of Professor and
when so read, the qualifying teaching experience for the post had
to be seen as teaching experience gained after acquiring the PG
qualification. On that reasoning, the Tribunal found that as on the
date of arising of the vacancy in the post of Professor, namely,
O.P.(KAT).NOS.124,
148 & 319 OF 2017 :: 14 ::
26.9.2014, Dr. Shahinamole S. had ten years service inclusive of five
years in the Assistant Professor category from 20.1.2006, whereas
Dr. Padmaja Devi and Dr. Asha Sreedhar acquired the ten years
experience only in 2015 and 2016 respectively. The applicant Dr.
Shahinamole alone was therefore declared qualified for promotion
to the post of Professor [Prasuti Tantra and Striroga] in the vacancy
that arose on 26.9.2014.
The submissions of the learned counsel:
6. The Tribunal order has been impugned by Dr. Padmaja
Devi in O.P. (KAT).No.148 of 2017, by Dr. Asha Sreedhar in O.P.
(KAT).No.124 of 2017 and by the Government in O.P. (KAT).No.319
of 2017. The arguments of the learned senior counsel Sri.O.V.
Radhakrishnan, duly assisted by Adv.Sri.S. Abhilash, Adv.Sri.M.C.
Gopi and the learned Government Pleader, briefly stated, are as
follows:
● Both Dr. Padmaja Devi and Dr. Asha Sreedhar had rendered
service as Tutor, Lecturer and Reader based on the exemption
that they had obtained in terms of the Special Rules from
obtaining the PG qualification. Their service in the posts
concerned had therefore to count towards the ten years
experience contemplated under the Special Rules for the post
O.P.(KAT).NOS.124,
148 & 319 OF 2017 :: 15 ::
of Professor. Reliance was placed on the following decisions in
support of the said contention, namely; The Distt. Registrar,
Palghat and others v. M. B. Koyyakutty and others - [AIR
1979 SC 1060], M.B. Joshi and Others v. Satish Kumar
Pandey and Others - [1993 Supp (2) SCC 419], D. Stephen
Joseph v. Union of India and Others - [(1997) 4 SCC 753],
Anil Kumar Gupta and Others v. Municipal Corporation of
Delhi and Others - [(2000) 1 SCC 128] and A. K.
Raghumani Singh and Others v. Gopal Chandra Nath and
Others - [(2000) 4 SCC 30] and Suresh v. State of Kerala -
[2021 (1) KLT 566].
● The Special Rules governing recruitment to the post of
Professor speaks only of the requirement of ten years of
teaching experience in the concerned subject of which five
years experience had to be as Reader/Assistant Professor in the
Government Ayurveda College. Since there was no prescription
in the Special Rules that the experience had to be gained after
the acquisition of the PG qualification, the provision of Rule 10
(ab) Part II KS & SSR could have no application as the said Rule
itself contemplates its application only in cases where a
contrary intention is not expressed in the Service Rules
concerned.
● The applicants had raised the allegation as regards ineligibility
only against Dr. Padmaja Devi and not against Dr. Asha
Sreedhar and hence even if a finding as regards ineligibility
was entered against the former, that could not have been a
O.P.(KAT).NOS.124,
148 & 319 OF 2017 :: 16 ::
ground to find the latter also ineligible for promotion as
Professor.
7. Per contra, the arguments of Sri.Elvin Peter P.J., the
learned counsel for the applicant Dr. Shahinamole, briefly stated,
are as follows:
● The provisions of the Special Rules have to be read in the
backdrop of the provisions of the Indian Medicine Central
Council Act and the Regulations issued thereunder since the
Minimum Standards of Education prescribed under the Central
Act and Regulations cannot be diluted by the Special Rules. He
relies on the following judgments in support of this contention,
namely; Dr. Preeti Srivastava and Another v. State of M.P.
and Others - [(1999) 7 SCC 140] and State of Tamil Nadu
and Another v. S.V. Bratheep (minor) and Others - [(2004)
4 SCC 513].
● Dr. Padmaja Devi and Dr. Asha Sreedhar who did not acquire
the PG qualification that was a mandatory qualification for the
post of Lecturer and Reader cannot claim experience as
Lecturer or Reader for the period spent in those posts without
the PG qualification. It is pointed out that the Special Rules
only extended them time to obtain the minimum qualifications
prescribed for the posts and did not waive the requirement of
obtaining the said qualifications as indeed it could not in the
O.P.(KAT).NOS.124,
148 & 319 OF 2017 :: 17 ::
light of the specific provisions in the Central Regulations.
● Rule 10 (ab) of Part II KS & SSR has to be seen as
supplementing the provisions and Special Rules, and when so
read, it is clear that the teaching experience contemplated for
the post of Professor is one gained after acquiring the PG
qualification that is prescribed for the post of Professor. He
relies on the following decisions to substantiate the said
contention namely; Sirajudheen v. Public Service
Commission - [1998 (2) KLT 1046], Sirajudheen v. Kerala
Public Service Commission - [2001 (2) KLT 268], Rabi v.
State of Kerala - [2007 (4) KLT 335], Basheer v. Saiful
Islam - [2014 (4) KLT 521 (FB)], Aboobacker P. and
Others v. Emilia Morris and Others - [I.L.R. 2020 (2)
Kerala 599] and the unreported judgment dated 20.1.2017 in
O.P. (KAT).No.1360 of 2013 [Dr. Jyothish L.S. v. State of
Kerala and Others].
● He also points out that it is now a settled principle in Service
law that exemption if any granted in acquiring the
qualifications for the lower post will not enure to the incumbent
for the purposes of promotion to the higher post where
although the qualifications prescribed are the same as that of
the lower post, the nature of duties to be discharged in the
higher post are different. He relies on the decisions in D. K.
Jain and Others v. State of Haryana and Others - [1995
Supp. (1) SCC 349], Subramonian Namboodiri v. State of
Kerala - [1980 KLT 839] and P. Bhaskaran & Others v.
O.P.(KAT).NOS.124,
148 & 319 OF 2017 :: 18 ::
Addl. Secretary & Others - [1987 (2) KLT 903] for the said
proposition.
Our findings:
8. We have considered the rival submissions and gone
through the pleadings and the decisions cited before us by the
learned counsel for the parties. On a consideration of the same,
we find that the short issue that arises for consideration in these
cases is whether the experience requirement prescribed in the
Special Rules for the post of Professor [ Prasuti Tantra and Striroga]
is one that has to be gained after obtaining the basic qualification
for the post of Professor, namely, a PG Degree in the concerned
subject ? The prescription in the Special Rules is ambiguous when
it says "teaching experience for ten years in the concerned subject
of which there should be five years experience as Reader/Assistant
Professor in the Government Ayurveda College". Rule 10 (ab) of
Part II KS & SSR however clarifies that "where the Special Rules
or Recruitment Rules for a post in any service prescribe
qualification of experience, it shall, unless otherwise specified, be
one gained by persons on temporary or regular appointment in
capacities other than paid or un paid apprentices, trainees and
Casual Labourers in Central or State Government Service or in
O.P.(KAT).NOS.124,
148 & 319 OF 2017 :: 19 ::
Public Sector Undertaking or Registered Private Sector
Undertaking, after acquiring the basic qualification prescribed for
the post". That the provisions of Part II of KS & SSR have to be
read together with the Special Rules to determine the meaning of
the term "teaching experience" is no longer res integra. A Division
Bench of this Court in Sirajudheen v. Kerala Public Service
Commission - [2001 (2) KLT 268] observed as follows at
paragraph 7:
"7. R. 10(ab) uses the expression "Special Rules" as well as
"Recruitment Rules". 'Special Rules' has been defined in the Kerala
State and Subordinate Services Rules under R. 2(16) as follows:
"Special Rules, shall mean the rules in Part II applicable to each
service or class of service. We notice the expression 'Recruitment
Rules' has not been defined in the Kerala State and Subordinate
Services Rules. We are therefore of the view the same should be
given a wider meaning. Recruitment Rules take in not only the
Recruitment Rules framed by the State Legislature, even executive
orders framed for recruitment. When we give a wider meaning to the
words "Recruitment Rules" there is no reason why the rules framed
by the Central Government under S.213(4) be not come within the
meaning of "Recruitment Rules" under R.10(ab) of K.S. & S.S.R. We
are of the view the recruitment rules framed by Central Government
in exercise of powers conferred under S. 213(4) would satisfy the
definition of "recruitment rules" under R. 10 (ab) of the Kerala State
and Subordinate Services Rules."
9. When we read the provisions in the Special Rules along
with Rule 10 (ab) of Part II KS & SSR, as the Tribunal did in the
instant case, the conclusion is inescapable that the teaching
experience of ten years mentioned for the post of Professor is one
O.P.(KAT).NOS.124,
148 & 319 OF 2017 :: 20 ::
that has to be gained after obtaining the basic PG qualification
required for the post. The decisions relied on by the learned senior
counsel for the petitioners in these O.P.(KAT)'s in support of the
contention that the experience need not be one gained after
obtaining the basic qualification, are all cases where a provision
similar to Rule 10 (ab) of Part II KS & SSR did not come up for
consideration before the Court. In our view, those decisions cannot
be of any assistance to the petitioners in the instant case.
10. We are also of the view that there are other reasons why
the teaching experience should be seen as one gained after
obtaining the PG qualification. After the decision of the
Constitution Bench of the Supreme Court in DR Preeti Srivastava
and Another v. State of Madhya Pradesh and Others - [(1999)
7 SCC 120], while interpreting the provisions of the Special Rules
governing a State service that prescribes standards of education
and admission criteria, one cannot ignore the mandate of any
Central Legislation then in force for, the State Government's
prescription of Standards of Education cannot be interpreted in a
manner inconsistent with the Central Legislation governing the
field. The observations in paragraphs 35, 36 and 37 of DR Preeti
O.P.(KAT).NOS.124,
148 & 319 OF 2017 :: 21 ::
Srivastava (supra) are relevant, and read as follows:
"35. The legislative competence of the Parliament and the
legislatures of the States to make laws under Article 246 is regulated by
the VIIth Schedule to the Constitution. In the VIIth Schedule as
originally in force, Entry 11 of List-II gave to the States an exclusive
power to legislate on
"education including universities subject to the provisions of
Entries 63, 64, 65 and 66 of List-I and Entry 25 of List-III."
Entry 11 of List-II was deleted and Entry 25 of List-III was amended
with effect from 3-1-1976 as a result of the Constitution 42nd Amendment
Act of 1976. The present Entry 25 in the Concurrent List is as follows:
"25. Education, including technical education, medical education
and universities, subject to the provisions of Entries 63, 64, 65 and 66 of
List I: vocational and technical training of labour."
Entry 25 is subject, inter alia, to Entry 66 of List-I. Entry 66 of List-I is
as follows:-
"66. Co-ordination and determination of standards in
institutions for higher education or research and scientific and technical
institutions."
Both the Union as well as the States have the power to legislate on
education including medical education, subject, inter alia, to Entry 66 of
List-I which deals with laying down standards in institutions for higher
education or research and scientific and technical institutions as also co-
ordination of such standards. A State has, therefore, the right to control
education including medical education so long as the field is not
occupied by any Union Legislation. Secondly, the State cannot, while
controlling education in the State, impinge on standards in institutions
for higher education. Because this is exclusively within the purview of
the Union Government. Therefore, while prescribing the criteria for
admission to the institutions for higher education including higher
medical education, the State cannot adversely affect the standards laid
down by the Union of India under Entry 66 of List-I. Secondly, while
considering the cases on the subject it is also necessary to remember that
from 1977, education, including, inter alia, medical and university
education, is now in the Concurrent List so that the Union can legislate
on admission criteria also. If it does so, the State will not be able to
legislate in this field, except as provided in Article 254 .
36. It would not be correct to say that the norms for admission
O.P.(KAT).NOS.124,
148 & 319 OF 2017 :: 22 ::
have no connection with the standard of education, or that the rules for
admission are covered only by Entry 25 of List III. Norms of admission
can have a direct impact on the standards of education. Of course, there
can be rules for admission which are consistent with or do not affect
adversely the standards of education prescribed by the Union in exercise
of powers under Entry 66 of List-I. For example, a State may, for
admission to the post-graduate medical courses, lay down qualifications
in addition to those prescribed under Entry 66 of List-I. This would be
consistent with promoting higher standards for admission to the higher
educational courses. But any lowering of the norms laid down can, and
do have an adverse effect on the standards of education in the institutes
of higher education. Standards of education in an institution or college
depend on various factors. Some of these are:
(1) the calibre of the teaching staff;
(2) a proper syllabus designed to achieve a high level of education in
the given span of time;
(3) the student-teacher ratio;
(4) the ratio between the students and the hospital beds available to
each student;
(5) the calibre of the students admitted to the institution;
(6) equipment and laboratory facilities, or hospital facilities for
training in the case of medical colleges;
(7) adequate accommodation for the college and the attached
hospital; and
(8) the standard of examinations held including the manner in
which the papers are set and examined and the clinical
performance is judged.
37. While considering the standards of education in any college or
institution, the calibre of students who are admitted to that institution
or college cannot be ignored. If the students are of a high calibre,
training programmes can be suitably moulded so that they can receive
the maximum benefit out of a high level of teaching. If the calibre of the
students is poor or they are unable to follow the instructions being
imparted, the standard of teaching necessarily has to be lowered to
make them understand the course which they have undertaken; and it
may not be possible to reach the levels of education and training which
can be attained with a bright group. Education involves a continuous
interaction between the teachers and the students. The pace of teaching,
the level to which teaching can rise and the benefit which the students
ultimately receive, depend as much on the calibre of the students as on
the calibre of the teachers and the availability of adequate
infrastructural facilities. That is why a lower student-teacher ratio has
been considered essential at the levels of higher university education,
particularly when the training to be imparted is highly professional
O.P.(KAT).NOS.124,
148 & 319 OF 2017 :: 23 ::
training requiring individual attention and on-hand training to the
pupils who are already doctors and who are expected to treat patients in
the course of doing their post-graduate courses."
11. In the instant case, the Indian Medicine Central Council
(Minimum Standards of Education in Indian Medicine) Regulations,
1986 that came into force with effect from 1.7.1989 clearly
mandates that the essential qualification for appointment to the
post of Professor, Reader/Associate Professor and Assistant
Professor is a PG qualification in the subject/speciality concerned.
It follows therefore that in the absence of such a qualification, the
incumbent to the post concerned cannot be seen as legitimately
discharging his/her duties in the said post. While he/she may have
obtained a relaxation from the State Government in the matter of
obtaining the qualification within a prescribed time limit, it is
unambiguously clear that the qualification requirement cannot be
dispensed with to continue in the said post. It follows therefore
that any experience gained in the post, without having the
qualification required for the post, cannot enure to the benefit of
the incumbent for the purposes of his/her career progression.
12. There is yet another aspect of the matter. It is clear from
the Special Rules itself that the teaching experience of ten years in
O.P.(KAT).NOS.124,
148 & 319 OF 2017 :: 24 ::
the concerned subject must include at least five years experience as
Reader/Assistant Professor in the Government Ayurveda College.
Thus, as per the Special Rules, the quality and nature of experience
must be the same for the entire period of ten years that is
stipulated under the Rules and five years of such experience must
be as Reader/Assistant Professor. It is apparent from the discussion
above that one cannot gain experience as Reader/Assistant
Professor unless one is qualified in all respects to hold the post of
Reader/Assistant Professor in accordance with the Special Rules. If
that be so, the five years experience as Reader/Assistant Professor
must be one that is gained after obtaining the PG qualification and
it follows that since the experience required for the post is
qualitatively to be the same for the entire period of ten years, the
entirety of the teaching experience must be one gained after
obtaining the PG qualification.
13. Thus, in any view of the matter, we find that the
argument of the learned senior counsel for the petitioners before us
that, in view of the exemption/relaxation granted to them for
obtaining the essential PG qualification, they should be seen as
having gained the required teaching experience of a PG teacher in
the various posts that they had occupied, cannot be legally
O.P.(KAT).NOS.124,
148 & 319 OF 2017 :: 25 ::
countenanced. We reiterate that the teaching experience
prescribed under the Special Rules has to be read along with the
provisions of Rule 10 (ab) of Part II KS & SSR and in the light of the
Central Regulations holding the field, and when so read, the
teaching experience can only be one that is gained after the
acquisition of the essential qualification required for the post of
Professor. We see no reason to interfere with the impugned order
of the Tribunal, and for the reasons stated therein as supplemented
by the reasons in this judgment, we dismiss the O.P.(KAT)'s. There
will however be no order as to cost.
The O.P.(KAT)'s are dismissed.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
MOHAMMED NIAS C.P.
JUDGE
prp/
O.P.(KAT).NOS.124,
148 & 319 OF 2017 :: 26 ::
APPENDIX OF O.P(KAT).NO.124/2017
PETITIONER ANNEXURES:
ANNEXURE A1 TRUE COPY OF KERALA STATE AYURVEDA MEDICAL
EDUCATION SPECIAL RULES, 2007.
ANNEXURE A2 TRUE COPY OF GO(P) NO. 4/98/P&ARD DATED
20/01/1998.
ANNEXURE A3 TRUE COPY OF GO DATED 20/01/2006.
ANNEXURE A4 TRUE COPY OF GO DATED 20/07/2010.
ANNEXURE A5 TRUE COPY OF EXPERIENCE CERTIFICATE OF THE
APPLICANT.
ANNEXURE A6 TRUE COPY OF THE PROCEEDINGS OF THE 3RD
RESPONDENT DATED 14/11/2008 AND SENIORITY LIST.
ANNEXURE A7 A TRUE COPY OF THE ORDER DATED 14/07/2015 ISSUED
BY THE 3RD RESPONDENT DECLARING PROBATION OF
DOCTOR M.P. SREEKALA.
ANNEXURE A8 THE TRUE COPY OF GO(P) NO.573/2012/FIN. DATED
16/10/2012.
ANNEXURE A9 THE TRUE COPY OF THE GO(RT) NO.408/2016/AYUSH
DATED 19/08/2016.
ANNEXURE A10 THE TRUE COPY OF THE JUDGMENT DATED 07/06/2013 IN
OP KAT 52/2015 OF THE HON'BLE HIGH COURT OF
O.P.(KAT).NOS.124,
148 & 319 OF 2017 :: 27 ::
KERALA.
ANNEXURE A11 THE TRUE COPY OF THE MINUTES OF THE DPC HELD ON
25/08/2016.
ANNEXURE A12 THE TRUE COPY OF THE COMMUNICATION DATED
21/10/2016 ISSUED BY PUBLIC INFORMATION OFFICER
AYUSH DEPARTMENT THIRUVANANTHAPURAM ALONG WITH
THE NOTES.
ANNEXURE A13 THE TRUE COPY OF THE ORDER DATED 15/10/2016
ISSUED BY THE 1ST RESPONDENT.
ANNEXURE A14 TRUE COPY OF GO(MS) NO.143/96/J&FWD DATED
19/03/1996 ISSUED BY THE GOVERNMENT.
ANNEXURE A15 TRUE COPY OF THE REVISED REGULATIONS ISSUED BY
THE INDIAN SYSTEM OF MEDICAL COUNCIL.
ANNEXURE A16 THE TRUE COPY OF THE GO(RT) 207/2006/H&FWD DATED
20/01/2006 PROMOTING THE APPLICANT AS LECTURER.
ANNEXURE A17 A TRUE COPY OF GO(P) NO.344/2005/J&FWD DATED
26/12/2005.
ANNEXURE A18 A TRUE COPY OF GO(RT) 978/2007/H&FWD DATED
20/03/2007.
ANNEXURE A19 A TRUE COPY OF GO(P) NO.106/2009/H&FWD DATED
29/04/2009.
ANNEXURE A20 A TRUE COPY OF GO(RT) NO.2794/2010/H&FWD DATED
20/07/2010.
O.P.(KAT).NOS.124,
148 & 319 OF 2017 :: 28 ::
ANNEXURE A21 A TRUE COPY OF GO(RT) NO.4182/2011/H&FWD DATED
03/12/2011.
ANNEXURE A22 A TRUE COPY OF COMMUNICATION DATED 14/11/2008
ISSUED BY THE DIRECTOR OF AYURVEDA MEDICAL
EDUCATION.
EXHIBIT P1 COPY OF THE ORIGINAL APPLICATION NO 2396/2016
EXHIBIT P2 A PHOTOCOPY OF THE REPLY STATEMENT DATED 08-11-
2016 OF THE 6TH RESPONDENT IN THE O.A
EXHIBIT P3 A PHOTOCOPY OF THE REPLY STATEMENT DATED 10-12-
2016 OF THE PETITIONER
EXHIBIT P4 A PHOTOCOPY OF THE REJOINDER FILED BY THE
APPLICATION THE O.A
EXHIBIT P5 A PHOTOCOPY OF THE REPLY STATEMENT FILED BY THE
KPSC
EXHIBIT P6 A TRUE COPY OF ORDER DATED 30-03-2017 IN O.A NO
2396/2016
EXHIBIT P7 THE PHOTO COPY OF ORDER DATED 16-12-1995
EXHIBIT P8 THE PHOTO COPY OF GO(RT) NO 2253/98 DATED 11-09-
EXHIBIT P9 A PHOTOCOPY OF THE ORDER DATED 31-5-2005
O.P.(KAT).NOS.124,
148 & 319 OF 2017 :: 29 ::
EXHIBIT P10 A TRUE COPY OF G.O(P) NO 88/2003 DATED 13-5-2003
EXHIBIT P11 A PHOTOCOPY OF THE DEGREE CERTIFICATE DATED 12-4-
EXHIBIT P12 A PHOTOCOPY OF THE LETTER DATED 23-5-2017 ISSUED
UNDER RTI ACT
O.P.(KAT).NOS.124,
148 & 319 OF 2017 :: 30 ::
APPENDIX OF O.P(KAT).NO.148/2017
PETITIONER ANNEXURES:
ANNEXURE A1 TRUE COPY OF THE KERALA STATE AYURVEDA MEDICAL
EDUCATION SPECIAL RULES, 2007.
ANNEXURE A2 TRUE COPY OF THE GO(P) NO.4/98/P&ARD DATED
20/01/1998 ISSUED BY THE GOVERNMENT.
ANNEXURE A3 TRUE COPY OF GO DATED 20/01/2006.
ANNEXURE A4 TRUE COPY OF THE GO DATED 20/07/2010.
ANNEXURE A5 TRUE COPY OF THE EXPERIENCE CERTIFICATE OF THE
APPLICANT.
ANNEXURE A6 TRUE COPY OF THE PROCEEDINGS OF THE 3RD
RESPONDENT DATED 14/11/2008 AND THE SENIORITY
LIST.
ANNEXURE A7 TRUE COPY OF THE ORDER DATED 14/07/2015 ISSUED BY
THE 3RD RESPONDENT DECLARING PROBATION OF
DR.M.P.SREEKALA.
ANNEXURE A8 TRUE COPY OF THE GO(P) NO.573/2012/FIN. DATED
16/10/2012.
ANNEXURE A9 TRUE COPY OF THE GO(RT) NO. 408/2016/AYUSH DATED
19/08/2016.
O.P.(KAT).NOS.124,
148 & 319 OF 2017 :: 31 ::
ANNEXURE A10 TRUE COPY OF THE JUDGMENT DATED 07/06/2016 IN OP
(KAT) 52/2015 OF THE HON'BLE HIGH COURT OF
KERALA.
ANNEXURE A11 TRUE COPY OF THE MINUTES OF THE DPC HELD ON
25/08/2016.
ANNEXURE A12 TRUE COPY OF THE COMMUNICATION DATED 21/10/2016
ISSUED BY PUBLIC INFORMATION OFFICER, AYUSH (A)
DEPARTMENT, THIRUVANANTHAPURAM ALONG WITH NOTES.
ANNEXUREA13 TRUE COPY OF THE ORDER DATED 15/10/2016 ISSUED BY
THE 1ST RESPONDENT.
ANNEXURE A14 TRUE COPY OF GO(MS) NO.143/96/H&FWD DATED
19/03/1996 ISSUED BY THE GOVERNMENT.
ANNEXURE A15 TRUE COPY OF THE REVISED REGULATIONS ISSUED BY
THE INDIAN SYSTEMS OF MEDICAL COUNCIL.
ANNEXURE A16 TRUE COPY OF GO(RT)207/2006/H&FWD DATED
20/01/2006 PROMOTING THE APPLICANT AS LECTURER.
ANNEXURE A17 TRUE COPY OF THE GO(P) NO.344/2005/H&FWD DATED
26/12/2005 ISSUED BY THE GOVERNMENT.
ANNEXURE A18 TRUE COPY OF GO(RT) 978/2007/H&FWD DATED
20/03/2007 ISSUED BY THE GOVERNMENT.
ANNEXURE A19 TRUE COPY OF GO(P) NO.106/2009/H&FWD DATED
29/04/2009 ISSUED BY THE GOVERNMENT.
ANNEXURE A20 TRUE COPY OF GO(P) NO.2794/2010/H&FWD DATED
O.P.(KAT).NOS.124,
148 & 319 OF 2017 :: 32 ::
20/07/2010 ISSUED BY THE GOVERNMENT.
ANNEXURE A21 TRUE COPY OF GO(P) NO.4182/2011/H&FWD DATED
03/12/2011 ISSUED BY THE GOVERNMENT.
ANNEXURE A22 TRUE COPY OF COMMUNICATION DATED 14/11/2008
ISSUED BY THE DIRECTOR OF AYURVEDA MEDICAL
EDUCATION.
EXHIBIT P1. COPY OF THE OA 2396/2016 ON THE FILE OF THE
HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM.
EXHIBIT P2. COPY OF THE REPLY STATEMENT FILED BY THE 4TH
RESPONDENT IN THE OA DATED 27.2.17.
EXHIBIT P3. COPY OF THE REPLY STATEMENT FILED BY THE 5TH
RESPONDENT IN THE OA DATED 8.11.16.
EXHIBIT P4. COPY OF THE REPLY STATEMENT FILED BY THE 6TH
RESPONDENT IN THE OA 13.12.16.
EXHIBIT P5. COPY OF THE REJOINDER FILED BY THE APPLICANT TO
THE STATEMENT FILED BY THE 5TH RESPONDENT DATED
14.1.17.
EXHIBIT P6. COPY OF APPLICATION DATED 24.4.17 FILED UNDER
RIGHT TO INFORMATION ACT.
EXHIBIT P7. COPY OF ANSWER GIVEN TO THE APPLICATION FILED
UNDER RIGHT TO INFORMATION ACT ON 23.5.17 BY THE
4TH RESPONDENTS OFFICE.
O.P.(KAT).NOS.124,
148 & 319 OF 2017 :: 33 ::
EXHIBIT P8. COPY OF JUDGMENT DATED 30.3.17 IN OA [EKM]
NO.2396/2016.
Exhibit P9 TRUE COPY OF THE P.G CERTIFICATE ISSUED BY THE
UNIVERSITY OF KERALA TO THE PETITIONER DATED
18-7-2005
O.P.(KAT).NOS.124,
148 & 319 OF 2017 :: 34 ::
APPENDIX OF O.P(KAT).NO.319/2017
PETITIONER ANNEXURES:
ANNEXURE A1 TRUE COPY OF KERALA STATE AYURVEDA MEDICAL
EDUCATION SPECIAL RULES, 2007.
ANNEXURE A2 TRUE COPY OF G.O.(P)NO.4/98/P&ARD DATED
20.01.1988 ISSUED BY THE GOVERNMENT.
ANNEXURE A3 TRUE COPY OF G.O.DATED 20.01.2006.
ANNEXURE A4 TRUE COPY OF G.O. DATED 20.07.2010.
ANNEXURE A5 TRUE COPY OF THE EXPERIENCE CERTIFICATE OF THE
APPLICANT.
ANNEXURE A6 TRUE COPY OF THE PROCEEDINGS OF THE 3RD
RESPONDENT DATED 14.11.2008 AND THE SENIORITY
LIST.
ANNEXURE A7 TRUE COPY OF THE ORDER DATED 14.07.2015 ISSUED
BY THE 3RD RESPONDENT DECLARING PROBATION OF
DR.M.P.SREEKALA.
ANNEXURE A8 TRUE COPY OF THE G.O.(P)NO.573/2012/FIN DATED
16.10.2012.
ANNEXURE A9 TRUE COPY OF THE G.O.(RT)NO.408/2016/AYUSH
DATED 19.08.2016 RESPONDENT.
O.P.(KAT).NOS.124,
148 & 319 OF 2017 :: 35 ::
ANNEXURE A10 TRUE COPY OF THE JUDGMENT DATED 07.06.2016 IN
O.P.KAT 52/2015 OF THE HON'BLE HIGH COURT OF
KERALA.
ANNEXURE A11 TRUE COPY OF THE MINUTES OF THE DPC HELD ON
25.08.2016.
ANNEXURE A12 TRUE COPY OF THE COMMUNICATION DATED
21.10.2016 ISSUED BY PUBLIC INFORMATION
OFFICER, AYUSH (A) DEPARTMENT, TRIVANDRUM
ALONG WITH NOTES.
ANNEXURE A13 TRUE COPY OF THE ORDER DATED 15.10.2016 ISSUED
BY THE 1ST RESPONDENT.
ANNEXURE A14 TRUE COPY OF G.O.(MS)NO.143/96/H&FWD DATED
19.03.1996 ISSUED BY THE GOVERNMENT.
ANNEXURE A15 TRUE COPY OF THE REVISED REGULATIONS ISSUED BY
THE INDIAN SYSTEMS OF MEDICAL COUNCIL.
ANNEXURE A16 TRUE COPY OF G.O.(RT)NO.207/06/H&FWD DATED
20.01.2006 PROMOTING THE APPLICANT AS
LECTURER.
ANNEXURE A17 TRUE COPY OF G.O.(P)NO.344/05/H&FWD DATED
26.12.2005 ISSUED BY THE GOVERNMENT.
ANNEXURE A18 TRUE COPY OF G.O.(RT)NO.978/07/H&FWD DATED
20.03.2007 ISSUED BY THE GOVERNMENT.
ANNEXURE A19 TRUE COPY OF G.O.(P)NO.106/09/H&FWD DATED
O.P.(KAT).NOS.124,
148 & 319 OF 2017 :: 36 ::
29.04.2009 ISSUED BY THE GOVERNMENT.
ANNEXURE A20 TRUE COPY OF G.O.(RT)NO.2794/10/H&FWD DATED
20.07.2007 ISSUED BY THE GOVERNMENT.
ANNEXURE A21 TRUE COPY OF G.O.(RT)NO.4182/11/H&FWD DATED
03.12.2011 ISSUED BY THE GOVERNMENT.
ANNEXURE A22 TRUE COPY OF COMMUNICATION DATED 14.11.2008
ISSUED BY THE DIRECTOR OF AYURVEDA MEDICAL
EDUCATION.
EXHIBIT P1 PHOTOCOPY OF THE O.A NO.2396/2016 ALONG WITH
ANNEXURES.
EXHIBIT P2 PHOTOCOPY OF THE REPLY STATEMENT FILED BY THE
5TH RESPONDENT IN O.A
EXHIBIT P3 PHOTOCOPY OF THE REPLY STATEMENT FILED BY THE
6TH RESPONDENT IN O.A
EXHIBIT P4 PHOTOCOPY OF THE REJOINDER STATEMENT ALONG
WITH ANNEXURES.
EXHIBIT P5 PHOTOCOPY OF THE ABOVE ORDER DATED 30.3.2017
IN O.A NO.2396/2016.
RESPONDENT EXHIBITS:
Exhibit R1(a) TRUE COPY OF THE APPLICATION FILED BY THE 1ST
RESPONDENT/PETITIONER HEREIN UNDER THE RIGHT
TO INFORMATION ACT BEFORE THE OFFICE OF THE
ACCOUNTANT GENERAL DATED 21/01/2022 REGARDING
O.P.(KAT).NOS.124,
148 & 319 OF 2017 :: 37 ::
APPOINTMENT OF THE 3RD RESPONDENT.
Exhibit R1(b) TRUE COPY OF THE APPLICATION FILED BY THE 1ST
RESPONDENT/PETITIONER HEREIN UNDER THE RIGHT
TO INFORMATION ACT BEFORE THE OFFICE OF THE
ACCOUNTANT GENERAL DATED 21/01/2022 REGARDING
APPOINTMENT OF THE 4TH RESPONDENT.
Exhibit R1(c) TRUE COPY OF THE REPLY NO.DAG(A)/C.CELL/RTOI-
193 & 194/2021-22/732 DATED 23/02/2021 ISSUED
BY THE SR.ACCOUNTANT GENERAL (ADMIN) & CENTRAL
PUBLIC INFORMATION OFFICER.
//TRUE COPY//
P.S. TO JUDGE
