IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 WP(C).No. 27046 of 2010(E) PETITIONER: --------------- DR.SANTHI BAI.K., W/O.CHANDRAKANTH, AGED 51 YEARS, READER, DEPARTMENT OF RASASASTRA & BHAISHAJYA KALPANA VAIDYARATNAM P.S.VARIER AYURVEDA COLLEGE, KOTTAKKAL, MALAPPURAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIAT, TRIVANDRUM-1. (CHAIR PERSON, EXECUTIVE COMMITTEE KERALA AYURVEDIC STUDIES & RESEARCH SOCIETY, KOTTAKKAL). 2. THE EXECUTIVE DIRECTOR KERALA AYURVEDIC STUDIES & RESEARCH SOCIETY KOTTAKKAL, MALAPPURAM DISTRICT, PIN-679 512. 3. THE PRINCIPAL, VAIDYARATNAM P.S. VARIER AYURVEDIC COLLEGE, KOTTAKKAL, MALAPPURAM DISTRICT, PIN-679 512. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 27046 OF 2010 E ------------------------------------------------------ Dated this the 24th day of November, 2010 JUDGMENT The petitioner is working as Reader in the Department of Rasasastra & Bhaishajya Kalpana, Vaidyaratnam P.S. Varier Ayurveda College, Kottakkal, which is an aided Ayurveda Medical College. According to the petitioner, she is qualified to be promoted as Professor. It is pointed out that going by the minimum standards of education laid down by the Central Council of Indian Medicine, there should be 14 Departments in the College in which the petitioner is working. It is also pointed out that as per the staff pattern prescribed by the Central Council of Indian Medicine, one Professor is essential in the Department of Rasasastra & Bhaishajya Kalpana. Pointing out these aspects and making a prayer to issue appropriate orders for granting promotion as Professor, the petitioner submitted Ext.P4 representation dated 30.7.2010 to the Secretary of Health, who is the Chair Person of the Executive Committee of Kerala Ayurvedic Studies & Research Society which runs the College. Ext.P4 has not been disposed of. W.P.(C) NO.27046 OF 2010 :: 2 :: 2. It is submitted that when a similar situation arose in Vaidyaratnam Ayurveda College, Ollur, this Court directed the Government, as per Ext.P6 judgment in W.P.(C) No.7719 of 2006, to approve the establishment of the 13+1 department system and the staff pattern. In compliance with Ext.P6 judgment, the Government issued G.O.(MS) No.577/2010/H&FWD dated 6.9.2010 (Ext.P7). It is also pointed out that the Executive Director of Kerala Ayurvedic Studies and Research Society, which runs the College in which the petitioner is employed, issued Ext.P8 letter dated 20.10.2010 stating that the request for promotion made by the petitioner cannot be considered, since no post of Professor was sanctioned in the Department of Rasasastra & Bhaishajya Kalpana. The first respondent issued G.O.(MS) No.602/2010/H&FWD dated 13.9.2010 (Ext.P9), by which the revised staff pattern under the 14 department system was issued in respect of Vaidyaratnam P.S. Varier Ayurveda College, Kottakkal. As per Ext.P9, no post of Professor in Rasasastra & Bhaishajya Kalpana was sanctioned. Aggrieved by that, the petitioner submitted Ext.P12 Review Petition dated 8.11.2010 before the first respondent. Ext.P12 Review Petition is pending disposal. W.P.(C) NO.27046 OF 2010 :: 3 :: 3. Learned counsel for the petitioner submitted that, for the time being, it would be sufficient if a direction is issued to the first respondent to consider and dispose of Ext.P12 Review Petition. In the facts and circumstances of the case, the Writ Petition is disposed of directing the first respondent to consider and dispose of Ext.P12 Review Petition filed by the petitioner, as expeditiously as possible and, at any rate, within a period of three months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner. The petitioner shall produce a copy of the Writ Petition, a copy of the amendment application along with exhibits and certified copy of the judgment before the first respondent. (K.T.SANKARAN) Judge ahz/