Kerala High Court
Dr. Ajay Kumar Babu T.K vs State Of Kerala on 6 March, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
O.P.(KAT.).No.71/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945
OP(KAT) NO. 71 OF 2024
AGAINST THE ORDER DATED 29.01.2024 IN OA NO.183 OF 2024 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/S:
DR. AJAY KUMAR BABU T.K,
AGED 56 YEARS
S/O T.K CHOYIKUTTY, PROFESSOR AND HOD,
DEPARTMENT OF SURGERY/SUPERINTENDENT GOVERNMENT
HOMEOPATHY MEDICAL COLLEGE, THIRUVANANTHAPURAM,
RESIDING AT THAVARAKATTIL HOUSE, MODAKKALLUR P.O,
KOZHIKODE DISTRICT, PIN - 673315
BY ADVS.
S.K.ADHITHYAN
REUBEN CHARLY
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
AYUSH DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE PRINCIPAL AND CONTROLLING OFFICER,
GOVT. HOMOEOPATHIC MEDICAL COLLEGE,
THIRUVANANTHAPURAM, PIN - 695009
O.P.(KAT.).No.71/2024
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3 DR. PRADEEP KUMAR K,
ASSOCIATE PROFESSOR (COMMUNITY MEDICINE) GOVT.
HOMOEOPATHIC MEDICAL COLLEGE,
THIRUVANANTHAPURAM
*ADDITIONAL RESPONDENT NO-4 IMPLEADED, PIN - 695009
4 DR. NISHA M.,
AGED 48 YEARS
D/O MOHAMED KUNJU, ,
PROFESSOR,
MATERIA MEDICA,
PROFESSOR,
GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE,
THIRUVANANTHAPURAM - 695 009
RESIDING AT NAISHAJ COTTAGE, TC III/638, MUTTADA P.O. 695025
* IS IMPLEADED AS ADDITIONAL RESPONDENT 4 AS PER ORDER
DATED 28.02.2024 IN IA 2/2024 IN OP(KAT )71/2024.
BY ADV S.ANEESH
ADV.A.J.VARGHESE, SR.GP
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY
HEARD ON 29/2/2024, THE COURT ON 6/3/2024 DELIVERED THE FOLLOWING:
O.P.(KAT.).No.71/2024
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A.MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ.
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O.P.(KAT).No.71/2024
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Dated this the 6th day of March, 2024
J U D G M E N T
A.Muhamed Mustaque, J.
The petitioner was the applicant before the Kerala
Administrative Tribunal. He claims that he is the Professor and
HOD, Department of Surgery/Superintendent, Government Homoeopathic
Medical College, Thiruvananthapuram. He has been removed from the
charge of Superintendent of Medical College Hospital. This was
called in question before the Tribunal. The Tribunal noting that
the Superintendent of Medical College Hospital is not a cadre for
the post under service, declined to interfere with the matter.
2. The Central Council of Homoeopathy issued notification
and prescribed qualification for Medical Superintendent. The
qualification is reproduced below:
"(B) Qualification for Homoeopathic Collegiate Hospital Staff:-
(1) Medical Superintendent:-
(a) A post Graduate Degree qualification in Homoeopathy included in
Second Schedule of Homoeopathy Central Council Act, 1973.
(b) Having atleast 16 years professional standing including two years
Experience as Senior Medical Officer in a Homoeopathic
Hospital/Homoeopathic Collegiate Hospital.
Desirable Qualification
Having Qualification in Hospital Administration from Govt. recognised
institution.
(N.B.:- The Principal shall be the Medical Superintendent of
Homoeopathic Collegiate Hospital. However if under any exceptional
circumstances the charge of the post of Medical Superintendent is not
given to the Principal than a person fulfilling above prescribed
qualifications can be appointed on said post.)"
3. The Government of Kerala issued Special Rules called the
Kerala State Homoeopathic Medical Education (Teaching) Services
Special Rules, 2019. Various posts have been enumerated in the
Special Rules. However, no post was created called
Superintendent. It is mentioned against Note (5) of Rule 4 of the
above Special Rules thus:
"(5) The Principal shall appoint a Professor/Reader from the
various departments as Superintendent of the hospital attached to the
Homoeopathic Medical College, Thiruvananthapuram and Calicut and
Associate Professors/Assistant Professors as Residential
Superintendent/R.M.O. in addition to the normal duties in their
departments concerned."
The above provision shows that it is an additional duty given to
the Professor or Reader to perform the responsibility of the
Superintendent. Question is, when a person is discharged from such
additional duty, whether any procedure will have to be followed?
4. Another person got impleaded in this matter challenging
the appointment of the third respondent in the place of the
petitioner. According to the additionally impleaded respondent,
ignoring her seniority, the third respondent was appointed.
5. We note that under the Special Rules, it is only an
additional duty given to a Professor or Reader. Therefore,
discharge from the duties cannot be treated as a removal. It is
for the Principal of the College to appoint a competent person to
discharge the functions and duties of the Superintendent. We may
not be able to interfere in this matter as it appears that the
Government ordered to discharge him as proceedings have been
initiated for the disciplinary action. However, we seriously note
that there are no norms governing appointment of Superintendent in
Government Homoeopathic Medical Colleges. As seen from the
qualification prescribed by the Central Council of Homoeopathy, it
is a key post and cannot be merely termed as an honorary post. It
is appropriate for the Government to come out with some norms in
regard to the appointment of Superintendent of Homoeopathic Medical
Colleges. We leave open any other inter se dispute between the
third respondent and others, including the additionally impleaded
fourth respondent.
With the above observation, the original petition is
dismissed. Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
SHOBA ANNAMMA EAPEN, JUDGE
ms
APPENDIX OF OP(KAT) 71/2024
PETITIONER ANNEXURES
Annexure TRUE COPY OF THE RELEVANT PAGES OF GO(P) NO.6/2019/AYUSH
1 DATED 11.3.2019
Annexure TRUE COPY OF THE SENIORITY LIST OF PROFESSORS PUBLISHED BY
A2 2ND RESPONDENT DATED 24.5.2022
Annexure TRUE COPY OF THE SENIORITY LIST OF TEACHERS PUBLISHED BY 2ND
A3 RESPONDENT DATED 01.04.2022
Annexure
TRUE COPY OF GO(P) NO.24/2024/AYUSH DATED 24.01.2024
A4
Annexure
TRUE COPY OF THE ORDER NO.224/E1/2024/GHMCT DATED.25.01.2024
A5
Annexure TRUE COPY OF THE RELEVANT PAGES OF HOMEOPATHY (MINIMUM
A6 STANDARDS REQUIREMENTS OF HOMEOPATHIC COLLEGES AND
ATTACHED HOSPITAL) REGULATIONS, 2013 DATED 08/03/2013
Exhibit P1 TRUE COPY OF THE O.A.NO.183/2024 FILED BY THE PETITIONER
Exhibit P2 TRUE COPY OF THE ORDER DATED 29/01/2024 IN O.A NO.183/2024
Exhibit P3 TRUE COPY OF THE JUDGMENT IN W.P(C) NO. 18823/2008 DATED
18/9/2008
Exhibit P4 TRUE COPY OF THE JUDGMENT IN W.A NO. 2171/2008 DATED 6/11/2008
Exhibit P5 TRUE COPY OF ORDER NO. 260/E1/2021/GHMCD
THIRUVANANTHAPURAM DATED 18.01.2021
Exhibit P6 TRUE COPY OF THE COMPLAINT FILED BY DR. NISHA M BEFORE THE 1
ST RESPONDENT DATED 14.02.2024
Exhibit P7 TRUE COPY OF THE COMPLAINT FILED BY DR. SREELATHA S BEFORE
THE 1 ST RESPONDENT DATED 14.02.2024
Exhibit P8 TRUE COPY OF THE COMPLAINT FILED BY DR. MAYA B J BEFORE THE 1
ST RESPONDENT DATED 14.02.2024
Exhibit P9 TRUE COPY OF THE COMMUNICATION ISSUED BY DR BEENA RANI M TO
THE MEDICAL SUPT. GHMCT HOSPITAL DATED 29.012024
Exhibit TRUE COPY OF THE COMMUNICATION SENT BY DR DEEPTHI
P10 PALLIKKAL TO THE PETITIONER DATED 20.02.2024
Exhibit TRUE COPY OF THE COMMUNICATION SENT BY DR MAYA B J TO THE
P11 PETITIONER DATED 20.02.2024
Exhibit TRUE COPY OF THE LIST OF PATIENT REGISTER SENT BY X RAY
P12 TECHNICIAN GHMCT TO THE PETITIONER DATED 20.02.2024
Exhibit TRUE COPY OF THE REPRESENTATION FILED BY RAMADEVI AND
P13 PUSHPALEELA DATED 30.01.2024
Exhibit TRUE COPY OF THE COMMUNICATION SUBMITTED BY NURSING SUPT.
P14 TO THE PETITIONER DATED 30.01.2024
Exhibit TRUE COPY OF THE COMMUNICATION SENT BY VINITHA L TO THE
P15 PETITIONER DATED 30.01.2024
Exhibit TRUE COPY OF THE COMMUNICATION SENT BY DR. MAYA B J TO THE
P16 PETITIONER DATED 05.02.2024
Exhibit TRUE COPY OF THE COMMUNICATION SENT BY DR SREELATHA TO THE
P17 PETITIONER DATED 06.02.2024
Exhibit TRUE COPY OF THE COMMUNICATION SENT BY DR PRINCY
P18 PAPPACHAN TO THE PETITIONER DATED 07.02.2024
Exhibit TRUE COPY OF THE REPRESENTATION SUBMITTED BY
P19 THIRUNAVAKARASSU, WATCHER, GHMCT DATED 8/2/2024
Exhibit TRUE COPY OF THE COMMUNICATION GIVEN BY DR. PREMA IP DATED
P20 9/2/2024 TO THE SUPERINTENDENT GHMCT,
Exhibit TRUE COPY OF THE COMMUNICATION SENT BY DR PRINCY
P21 PAPPACHAN DATED 13/2/2024 TO THE PETITIONER
Exhibit TRUE COPY OF THE COMMUNICATION SENT BY COLLEGE UNION OF
P22 GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE UNION 2023 DATED
16/02/2024
Exhibit TRUE COPY OF THE LEAVE APPLICATION SUBMITTED BY
P23 HARIKRISHNA V.S DATED 20.02.2024
Exhibit TRUE COPY OF THE REQUEST SUBMITTED BY AJITH.V,
P24 PHYSIOTHERAPY DEPARTMENT DATED 20/02/2024
Exhibit TRUE COPY OF THE RECEIPT ISSUED BY DURGA MEDICALS TO HOMEO
P25 MEDICAL COLLEGE DATED 20.02.2024
Exhibit TRUE COPY OF THE REQUEST SUBMITTED BY JAYAKUMAR HDC
P26 CLEANER TO THE PETITIONER DATED 21.02.2024
Exhibit TRUE COPY OF THE REQUEST SUBMITTED BY AJITH.V DATED 20.02.2024
P27 TO THE PETITIONER
Exhibit
TRUE COPY OF THE THAPAL REGISTER DATED 22.02.2024
P28
Exhibit TRUE COPY OF THE ORDER NO. GHMCT/345/2024-C3 DATED 15.02.2024
P29 ISSUED BY THE 2 ND RESPONDENT
Exhibit TRUE COPY OF THE SCREEN SHORT OF IMAGE APPLICATION SHOWING
P30 WARNING OF ARREARS TO THE PETITIONER
Exhibit
TRUE COPY OF THE CLIENT INFORMATION OF GHMCT IN IMAGE APP
P31
Exhibit
TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 22.02.2024
P32
Exhibit TRUE COPY OF THE LEAVE APPLICATION SUBMITTED BY PUSHPPA
P33 LEELA DATED 26.02.2024
Exhibit
TRUE COPY OF THE CIRCULAR NO. 438/E1/2024/GHMCT DATED 23.02.2024
P34
RESPONDENT EXHIBITS
Annexure TRUE COPY OF REPRESENTATION DATED 14.02.2024 SUBMITTED BY THE
R4(a) APPLICANT BEFORE THE 2ND RESPONDENT IN OP
Annexure TRUE COPY OF REPRESENTATION DATED 14.02.2024 SUBMITTED BY DR.
R4(b) SREELETHA S. BEFORE THE 2ND RESPONDENT IN OP
Annexure TRUE COPY OF REPRESENTATION DATED 14.02.2024 SUBMITTED BY DR.
R4(c) MAYA B.J. BEFORE THE 2ND RESPONDENT IN OP
Annexure TRUE COPY OF REPRESENTATION DATED 14.02.2024 SUBMITTED BY THE
P4(d) APPLICANT BEFORE THE GOVERNMENT.
Annexure TRUE COPY OF REPRESENTATION DATED 14.02.2024 SUBMITTED BY DR.
R4(e) SREELETHA S. BEFORE THE GOVERNMENT.
Annexure TRUE COPY OF REPRESENTATION DATED 14.02.2024 SUBMITTED BY DR.
R4(f) MAYA B.J. BEFORE THE GOVERNMENT.
