Dr.Jisha. M vs The State Of Kerala
2023 Latest Caselaw 178 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
                       WP(C) NO. 41348 OF 2022


PETITIONER:

            DR.JISHA. M., AGED 41 YEARS, W/O DR. PEETHAMBARAN. M.S,
            ASST. PROFESSOR, DPI OF ANASTHESIOLOGY GMC, PALAKKAD
            (RESIDING AT NIHIR' NEAR YAKKARA BRIDGE, YAKKARA,
            PALAKKAD-678701)

            BY ADV R.S.SARAT


RESPONDENTS:

    1       THE STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY TO
            GOVERNMENT, SCST DEVELOPMENT DEPARTMENT GOVERNMENT
            SECRETARIAT THIRUVANANTHAPURAM-695001.

    2       THE DIRECTOR, THE INSTITUTE OF INTEGRATED MEDICAL
            SCIENCE (GOVT MEDICAL COLLEGE, PALAKKAD), EAST YAKKARA
            KUNNATHURMEDU.P.O., PALAKAKD-678 013.

    3       THE PRINCIPAL, THE INSTITUTE OF INTEGRATED MEDICAL
            SCIENCE (GOVT MEDICAL COLLEGE, PALAKKAD), EAST YAKKARA
            KUNNATHURMEDU.P.O.PALAKAKD-678 013.


            SMT.PARVATHY.K -GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 41348/22
                                       2

                              JUDGMENT

The petitioner says that she is working as an Assistant

Professor in Anesthesiology in the respondent - College and eligible

to be promoted as an Associate Professor, since she has acquired all

necessary qualifications as on 12.11.2022. She alleges that, however,

instead of considering her claim for promotion, and though Ext.P3

representation is still pending, respondents have now issued Ext.P1

notification for appointment of Associate Professors on contract. She

asserts that this is illegal and unlawful; and thus prays that the 2 nd

respondent - Director be directed to take up Ext.P3 representation

and dispose it of, within a time frame to be fixed by this Court.

2. The afore submissions of Sri.R.S.Sarat - learned counsel

for the petitioner, were answered by Smt.Parvathy K. - learned

Government Pleader, saying that if the petitioner only requires

Ext.P3 representation to be taken up and disposed of in terms of

law, there does not appear to be any legal impediment in doing so;

but prayed that this Court may not make any affirmative

declarations on the entitlement of the petitioner to any relief and

leave it to the competent Authority to take a final decision as per WPC 41348/22

law. She added that the question whether petitioner is entitled to

promotion and the manner in which she is presently engaged, will

also have to be decided by the 2 nd respondent when the exercise is

completed.

Taking note of the afore submissions, I allow this Writ

Petition and direct the 2nd respondent - Director of the Institute of

Integrated Medical Science, Palakkad, to take up Ext.P3

representation of the petitioner and dispose it of, after affording her

an opportunity of being heard, as expeditiously as is possible, but

not later than one month from the date of receipt of a copy of this

judgment.

I make it clear that I have not considered the question as to

the nature of appointment of the petitioner and that this can be

adverted to by the 2nd respondent while the afore exercise is

completed; but if she is found eligible for promotion, then steps for

the same shall be taken dehors Ext.P1 notification.

Sd/-

RR                                              DEVAN RAMACHANDRAN
                                                      JUDGE
 WPC 41348/22


                 APPENDIX OF WP(C) 41348/2022

PETITIONER EXHIBITS
Exhibit P1          TRUE COPY OF NOTIFICATION BEARING NO. E1-

4644/2022?GMC/PKD DATED 05.12.2022 ISSUED BY THE 2ND RESPONDENT (WITH TYPED COPY).

Exhibit P2 TRUE COPY OF ORDER NO. 953/E1/GMC/PKD/2020 DATED 04.04.2020 REGULARIZING THE SERVICE OF THE APPLICANT IN THE CADRE OF ASST.

PROFESSOR IN ANESTHESIOLOGY ISSUED BY THE 2ND RESPONDENT.

Exhibit P3 TRUE COPY OF REPRESENTATION DATED 14.11.2022 FROM THE APPLICANT TO THE 2ND RESPONDENT CONVENER OF DPC.

Exhibit P4 TRUE COPY OF RELEVANT PAGES OF NATIONAL MEDICAL COMMISSION (POST GRADUATE MEDICAL EDUCATION BOARD) NOTIFICATION NO: NMC/MCI- 23(1)/2021-MED DATED 14.02.2022.

Exhibit P5 TRUE COPY OF RELEVANT PAGES OF "THE RULES REGARDING THE TERMS OF SERVICE OF EMPLOYEES" (TEACHING FACULTY) IN GOVERNMENT MEDICAL COLLEGE (IIMS), PALAKKAD ISSUED BY GO(MS) NO.

16/2020/SCSTDD DATED 25.05.2020.