Kerala High Court
Dr.Sajal Sathiadevan vs State Of Kerala on 2 November, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
SATURDAY, THE 2ND DAY OF NOVEMBER 2024 / 11TH KARTHIKA, 1946
WP(C) NO. 32697 OF 2024
PETITIONER/S:
DR.SAJAL SATHIADEVAN
AGED 39 YEARS
ASST.PROFESSOR, DEPARTMENT OF PSYCHIATRY
GOVERNMENT MEDICAL COLLEGE , PALAKKAD, NEAR
YAKKARA BRIDGE, YAKKARA, PALAKKAD•6780 13.
(RESIDING AT HARSHAM,GLOBAL VIILAGE,DUBAI
ROOD,NEAR AYYAPPAN KAVU,PIRAYIRI,PALAKKAD-, PIN -
678004
BY ADV R.S.SARAT
RESPONDENT/S:
1 STATE OF KERALA
REP. BY THE ADDL.CHIEF SECRETARY TO
GOVERNMENT,,OFFICE OF THE ADDITIONAL CHIEF
SECRETARY, BACKWARD CLASSES DEVELOPMENT
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695011
2 THE DIRECTOR,THE INSTITUTE OF INTEGRATED MEDICAL
SCIENCE
GOVERNMENT MEDICAL COLLEGE , PALAKKAD, EAST
YAKKARA, KUNNATHURMEDU.P.O. PALAKAKD, PIN - 678013
3 THE DIRECTOR OF MEDICAL EDUCATION
DIRECTORATE OF MEDICAL EDUCATION
MCDICALCOLLEGE.P.O,THIRUVANANTHAPURAM., PIN -
695011
BY ADV SUMAN CHAKRAVARTHY
THIS WRIT PETITION (CIVIL) HAVING HAVING BEEN FINALLY
HEARD ON 02.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.C No. 32697 of 2024
2
JUDGMENT
The writ petition was submitted by the petitioner, seeking
the following reliefs:
"i Issue a writ of mandamus directing the respondents 1 to 3 to
convene DPC and to consider the suitability of the petitioner
to be promoted to the Vacant post of Associate Professor.
ii. Declare that the Petitioner is eligible to be promoted to the
Vacant post of the Associate Professor in Psychiatry in the 2 nd
Respondent institute.
iii. Such other writ, order or direction as this Hon'ble Court may
deem fit in the facts and circumstances of the case."
2. The main grievance highlighted by the petitioner is
that, he was not being considered for promotion the post of
Associate Professor of Psychiatry from the present post of
Assistant Professor.
3. When the matter came up for consideration today, it
is pointed out that the respondents have already reconsidered
the case of the petitioner, by taking note of the research papers
submitted by him and a decision has been taken to include the
name of the petitioner in the list of persons to be considered by
the departmental promotion committee for promotion.
In such circumstances, this writ petition is disposed of
directing the 2nd respondent to ensure that the claim of the
petitioner for promotion be considered along with the other
eligible persons, and appropriate decision be taken within a
period of two months from the date of receipt of a copy of this
judgment.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
rpk
APPENDIX OF WP(C) 32697/2024
PETITIONER EXHIBITS
Exhibit 1 TRUE COPY OF RELEVANT PAGES OF SPECIAL
RULES OF 2ND RESPONDENT INSTITUTE,
ISSUED UNDER THE ORDERS OF THE 1ST
RESPONDENT SPECIFICALLY REFERRED TO AS
‘THE RULES REGARDING THE TERMS OF
SERVICE OF EMPLOYEES (TEACHING FACULTY)
IN GOVERNMENT MEDICAL COLLEGE (IIMS)
PALAKKAD BEARING NO:G.O.
(MS).NO.16/2020/SCSTDD DATED 25/05/2020
Exhibit P2 TRUE COPY OF NMC NORMS NOTIFIED AS ON
14/02/2022 BEARING NO. F.NO.NMC/MCI-23
(I) 2021-MED
Exhibit P3 TRUE COPY OF THE ORDER
NO:3042/EA3/GMC/PKD /2020 DATED
23.12.2022
Exhibit 4 TRUE COPY OF THE RESEARCH PUBLICATION
PUBLISHED IN JOURNAL OF CLINICAL AND
DIAGNOSTIC RESEARCH VOLUME 17 (5) OF
MAY 2023
Exhibit P5 TRUE COPY OF RESEARCH PUBLICATION MADE
IN INDIAN JOURNAL OF PSYCHOLOGICAL
MEDICINE/VOLUME 44/ISSUE 3/MAY 22
Exhibit P6 TRUE COPY OF CIRCULAR NO. EA 2-
4718/2022/GMC/PKD DATED 07/02/2023
Exhibit P7 TRUE COPY OF THE REPRESENTATION GIVEN
BY THE PETITIONER ADDRESSED TO THE
PRINCIPLE OF THE 2ND RESPONDENT COLLEGE
DATED 17/ 04/2023
Exhibit P8 TRUE COPY OF THE PROCEEDINGS ISSUED BY
THE 2ND RESPONDENT INSTITUTE BEARING
NO. EA 2/67/2023/GMC/PKD DATED
06/07/2023
Exhibit P9 TRUE COPY OF THE COVERING LETTER SEND
BY THE PUBLIC INFORMATION OFFICER OF
THE 2ND RESPONDENT INSTITUTE DATED
16/02/2024 TO THE PETITIONER
Exhibit P10 TRUE COPY OF THE MINUTES OF THE DPC
HELD AS ON 7/02/2024 IN THE 2ND
RESPONDENT INSTITUTE
Exhibit P11 TRUE COPY OF NOTIFICATION BEARING NO.
E1-407/2024/GMC PALAKKAD DATED
14/02/2024
Exhibit P12 TRUE COPY OF THE REVIEW APPLICATION
FILED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT DATED 19/02/2024
Exhibit P13 TRUE COPY OF THE ORDER PASSED IN
W.P(C).9433/2024 DATED 12.04.24
Exhibit P14 TRUE COPY OF THE ORDER PASSED BY THE
2ND RESPONDENT NO.E.A2-
2607/2024/GMC/PKD DATED 28/06/2024
Exhibit P15 TRUE COPY OF THE COMMUNICATION FROM THE
CHIEF EDITOR , INTERNATIONAL JOURNAL OF
PHARMACEUTICAL AND CLINICAL RESEARCH
DATED 28/08/2024
Exhibit P16 TRUE COPY OF THE RESEARCH ARTICLE WITH
LISTED CITATION 2024;16(9);12-15
Exhibit P17 TRUE COPY OF THE REPRESENTATION DATED
04/09/2024 ADDRESSED TO THE 2ND
RESPONDENT
Exhibit P18 TRUE COPY OF THE REPRESENTATION
PREFERRED BY THE PETITIONER TO THE 2ND
RESPONDENT DATED 09/09/2024
Exhibit P19 TRUE COPY OF THE ORDER OF
REGULARISATION IN THE SECOND RESPONDENT
SHOWING THE LIST OF FACULTIES AS ON
03.06.2019 BEARING ORDER
NO.G.O.MS.NO.33/2019/SCSTDD
Exhibit P20 THE REPORT OF SCRUTINY COMMITTEE
FORWARDED BY THE SECOND RESPONDENT TO
THE 1ST RESPONDENT HAVING
NO:ES2/67/2023/GMC/PKD DATED 18/11/2023
