IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 WP(C).No. 2934 of 2009(Y) PETITIONER: DR. PREM LAL A.P., M.B.B.S., M.R.C.S. (U.K.) LECTURER IN GENERAL SURGERY, MEDICAL COLLEGE, THIRUVANANTHAPURAM, 'JAYASREE', PALLICHAL, NEMAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.H.HAMZA ROWTHER SRI.V.K.PEERMOHAMED KHAN RESPONDENTS: 1. SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, GOVERNMENT OF KERALA, THIRUVNANTHAPURAM. 3. SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF INDIA, NEW DELHI. R3 BY ASSISTANT SOLICITOR GENERAL SRI.P.PARAMESWARAN NAIR SENIOR GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 2934 OF 2009 Y ------------------------------------------------------ Dated this the 2nd February, 2009 JUDGMENT The petitioner is a Lecturer in General Surgery, Medical College, Thiruvananthapuram. It is stated that he has completed DNB training though he has not appeared for the examination. The appointment of the petitioner was regularized and the probation was declared as having been satisfactorily completed. He was selected for P.G.Course for undergoing M.S.General Surgery. The course would be over in 2008-09. The petitioner states that he passed the Membership Examination held by the Royal College of Surgeons, Edinburgh, United Kingdom (M.R.C.S.) during February, 2008. On 7.3.2008, Ext.P5 Notification was issued by the Ministry of Health and Family Welfare under Section 13 of the Indian Medical Council Act, 1956, recognizing foreign degrees. According to the petitioner, in view of Ext.P5, he became eligible and qualified to be promoted as Assistant Professor in the Department of General Surgery. The petitioner submitted Ext.P6 representation dated 26.3.2008 before the first respondent, requesting to consider him for promotion to the post of Assistant Professor. The first respondent issued Ext.P7 order dated 7.4.2008, refixing the qualification for promotion. Foreign degrees were excluded from the purview of the qualification for promotion, as per W.P.(C) NO. 2934 OF 2009 :: 2 :: Ext.P7. Accordingly, the request of the petitioner in Ext.P6 was not considered and he was not considered for promotion. The case of the petitioner is that consequent on Ext.P5 notification issued by the Central Government, necessary orders should have been issued by the first respondent recognizing foreign degrees as sufficient qualification for promotion to the post of Assistant Professor. Pointing out these facts, the petitioner submitted Ext.P9 representation dated 5.1.2009 before the first respondent. Ext.P9 is pending disposal. 2. The reliefs prayed for in the Writ Petition are the following: “1) Issue a writ of certiorari or any other appropriate writ, order, or direction calling for the records leading to Exhibit P7 and quash the terms in clause 'C' of item 10 in Branch-II, Teaching cadre of subtitle 4 regarding qualifications annexed in Exhibit P7 government order; 2) Declare that the Petitioner is eligible and is entitled for the promotion to the post of Assistant Professor in General Surgery on completing the three years teaching experience and from the date of Exhibit P5 notification ie. on 07-03-2008 as per the norms of Exhibit P4 order and Exhibit P5 notification; 3) Issue a writ of mandamus or other appropriate writ, order, or direction commanding the respondents to effectively consider the request of the petitioner for promotion as per Exhibit P6 and P9 to the post of Assistant Professor in the Department of General Surgery in terms of the Norms contained in Exhibit P4 government order and Exhibit P5 notification in the nearest DPC meeting; W.P.(C) NO. 2934 OF 2009 :: 3 :: 4) Pass such other order or direction which this Honourable Court deems fit and proper to grant in the circumstances of the case along with the cost of this proceedings.” 3. Learned counsel for the petitioner submitted that, for the time being, the petitioner confines his relief to relief No.(3). Learned Government Pleader submitted that Ext.P6 has lost its significance as the petitioner was not considered for promotion and what remains now is consideration of Ext.P9 representation. Learned Government Pleader further submitted that Ext.P9 representation will be disposed of without delay. In the facts and circumstances of the case, the Writ Petition is disposed of as follows: a) The first respondent shall consider and dispose of Ext.P9 representation dated 5.1.2009, as expeditiously as possible and, at any rate, within a period of two months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner and also after taking into account Ext.P6 representation dated 26.3.2008. W.P.(C) NO. 2934 OF 2009 :: 4 :: b) The petitioner would be entitled to put forward all his contentions before the first respondent and would be free to produce such other documents and materials before the first respondent. c) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. (K.T.SANKARAN) Judge ahz/