Kerala High Court
Dr Arathy R Nair vs The Central University Of Kerala on 31 January, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:7939
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 31ST DAY OF JANUARY 2025 / 11TH MAGHA, 1946
WP(C) NO. 45808 OF 2024
PETITIONER:
DR ARATHY R NAIR
AGED 37 YEARS, D/O P V RAVEENDRAN NAIR,
SENIOR MEDICAL OFFICER, ARAVALLI CENTRE
FOR HEALTH & MEDICAL SERVICES,
CENTRAL UNIVERSITY OF KERALA,
KASARAGOD DISTRICT, RESIDING AT
'ASHIRWAD', KANHANGATTU SOUTH P O,
KASARAGOD DISTRICT, PIN - 671531.
BY ADV MOHAN C.MENON
RESPONDENTS:
1 THE CENTRAL UNIVERSITY OF KERALA
THEJASWINI HILLS CAMPUS, PERIYA P.O.,
KASARAGOD DISTRICT, REPRESENTED BY THE
REGISTRAR., PIN - 671316.
2 THE REGISTRAR
THE CENTRAL UNIVERSITY OF KERALA,
THEJASWINI HILLS CAMPUS, PERIYA P.O.,
KASARAGOD DISTRICT, PIN - 671316.
W.P.(C)No.45808 of 2024
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3 SRI. VINCENT MATHEW
VICE CHANCELLOR-IN-CHARGE,
THE CENTRAL UNIVERSITY OF KERALA,
THEJASWINI HILLS CAMPUS, PERIYA P.O.,
KASARAGOD DISTRICT., PIN - 671316.
4 PROFF; MATHEW GEORGE, PHD
DEAN, SCHOOL OF MEDICINE & PUBLIC HEALTH,
THE CENTRAL UNIVERSITY OF KERALA, THEJASWINI
HILLS CAMPUS, PERIYA P.O., KASARAGOD DISTRICT.,
PIN - 671316.
5 THE EXECUTIVE COUNCIL
REPRESENTED BY ITS CHAIRMAN /
THE VICE CHANCELLOR, THE CENTRAL UNIVERSITY
OF KERALA, THEJASWINI HILLS CAMPUS,
PERIYA P.O., KASARAGOD DISTRICT.,
PIN - 671316.
BY ADVS.
SRI.K.RAMKUMAR
SRI.T.RAMPRASAD UNNI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 31.01.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.45808 of 2024
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2025:KER:7939
JUDGMENT
Dated this the 31st day of January, 2025
The petitioner, who is the senior most Medical Officer
of the Aravalli Health Centre, Central University of Kerala and
the functional Head of the Centre, is aggrieved by the action of
the Registrar of the University in suddenly relieving the
petitioner, stated to be with the previous approval of the Vice
Chancellor-in-charge.
2. The petitioner submits that the University
Health Centre at Aravalli was started in the year 2016. On
14.10.2016 itself, the petitioner was appointed as Medical
Officer on contract basis. On 10.06.2019, the petitioner was
appointed as Medical Officer on a regular basis.
3. The petitioner states that the petitioner being
the senior most Medical Officer and functional Head of the
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Health Centre, addressed the Vice Chancellor-in-charge for
redressing certain specific grievances at the Centre. On
12.12.2024, the Registrar issued an order appointing a non-
Medical Officer as the Head of the University Health Centre and
relieving the petitioner, who is the senior most Medical Officer
and functional Head of the Centre.
4. The petitioner states that as per the structure
contemplated in the University Act, Statute and Ordinance, the
senior most Medical Officer should be the Head of the Medical
Health Centre. The petitioner has MBBS, P.G.F.M.
qualifications and MBA in Hospital Management from reputed
institutions. The person sought to be implanted as the Head of
the University Health Centre is in the good books of the 3 rd
respondent-Vice Chancellor-in-charge, is a non-medical person
and holds no Medical Degree. He doesn't have medical
experience.
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5. Appointment of a non-Medical Officer as Head
of the Health Centre is unheard of in the history of Medicine.
The respondents are therefore compellable to permit the
petitioner to continue as the Head of the Health Centre. Ext.P6
order dated 12.12.2024 issued by the 2 nd respondent is liable to
be set aside.
6. Standing Counsel entered appearance and
resisted the writ petition on behalf of the University. On behalf of
the University, it is submitted that the petitioner joined as
Medical Officer on contract basis on 14.10.2016. The petitioner
has already approached this Court filing W.P.(C) No.31937 of
2024 seeking to treat the contract appointment of the petitioner
as regular service. The petitioner being in contract service,
cannot aspire to continue as Head of the Health Centre. The
respondents further pointed out that the 4th respondent, who is
appointed as Head of the Department is a Dean of the Faculty.
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Ext.R1(e) order dated 16.12.2024 would indicate that the duties
expected to be discharged by the Head of the Health Centre,
can be discharged by the 4th respondent. At any rate, the
petitioner being a contract employee against whom there are
specific objections regarding qualifications, cannot aspire to
continue as Head of the Centre.
7. Standing Counsel for the University pointed
out that there is specific observation against the petitioner to the
effect that the petitioner has completed only 12 months of
Compulsory Rotating Resident Internship (CRRI) and the total
experience of the petitioner is of two years and eight months
only. Therefore, the petitioner was not having the prescribed
minimum experience for appointment as Medical Officer.
8. I have heard the learned Counsel for the
petitioner and the learned Standing Counsel representing the
University.
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9. The petitioner would contend that she is the
senior most Medical Officer in the Health Centre and is
therefore entitled to continue as the Head of the Health Centre.
Standing Counsel submits that the petitioner lacked requisite
experience at the time of initial appointment. Therefore, the
petitioner cannot claim to continue as Head of the Health
Centre.
10. From the pleadings, I find that the petitioner
has not pointed out any statute, rules or prohibitions or
executive instructions which would confine eligibility only to the
medical professionals to take charge of the Head of the Health
Centre. To the contrary, Ext.R1(e) order produced by the
University would show that the duties of a Head of the Centre
can be discharged by even a non-medical professional. The 4 th
respondent, though a non-medical professional, is Dean of the
Faculty. The petitioner therefore cannot claim that the petitioner
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should be permitted to continue as Head of the Centre. The
petitioner has no such legal right.
In the circumstances, I find no merit in the writ petition
and the writ petition is dismissed.
Sd/-
N. NAGARESH
JUDGE
ams
2025:KER:7939
APPENDIX OF WP(C) 45808/2024
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY NOTE OF THE UNIVERSITY
WEBSITE IN THE HEALTH CENTRE, SHOWING
ITS STRUCTURE, FACILITIES, STAFF
STRENGTH ETC.
Exhibit P2 A TRUE COPY OF THE LETTER OF
RECOMMENDATION ISSUED BY THE THEN VICE
CHANCELLOR OF THE UNIVERSITY, DR. G.
GOPAKUMAR DATED 28.1.2019
Exhibit P3 TRUE COPY OF ANOTHER LETTER OF
APPRECIATION ISSUED BY THE THEN VICE
CHANCELLOR OF THE UNIVERSITY, PROFF: H.
VENKITESHWARLU DATED 17.3.2021
Exhibit P4 TRUE COPY OF THE REQUEST OF THE
PETITIONER TO THE 3RD RESPONDENT DATED
09-12-2024
Exhibit P5 TRUE COPY OF THE DETAILED
REPRESENTATION OF THE PETITIONER TO THE
DIRECTOR OF THE LEGAL CELL OF THE
CENTRAL UNIVERSITYDATED 12.12.2024 AT
11.25 A.M
Exhibit P6 TRUE COPY OF THE ORDER NO
CUK/ADM/MO/2016/PT/K3534 DATED
12/12/2024 OF THE 1ST RESPONDENT
RESPONDENT'S EXHIBITS
EXHIBIT R1(a) TRUE COPY OF ORDER NO. CUK/NT/PF-
88/2019 DATED 25..07..2019 ISSUED BY R1
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EXHIBIT R1(b) TRUE COPY OF ORDER NO. CUK/ADM/MO/2016
DATED 06..08..2019 ISSUED BY R1
EXHIBIT R1(c) TRUE COPY OF ORDER NO. CUK/ADM/MO/2016
DATED 15..10..2022 ISSUED BY R1
EXHIBIT R1(d) TRUE COPY OF ORDER NO. CUK/ADM/MO/2016
DATED 16..01..2023 ISSUED BY R1
EXHIBIT R1(e) TRUE COPY OF ORDER NO. CUK/ADM/MO/2016
DATED 16..12..2024 ISSUED BY R1
EXHIBIT R1(f) TRUE COPY OF AUDIT OBSERVATION (NOTE)
DATED 12..12..2024 BY THE FINANCE
OFFICER OF R1 UNIVERSITY
EXHIBIT R1(g) TRUE COPY OF EMAIL MESSAGE DATED
02..01..2025 SENT BY R4
