IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 WP(C).No. 26795 of 2011(Y) -------------------------- PETITIONER: ----------------- SOFY A.P.,HEALTH INSPECTOR GRADE II, GOVT.COMMUNITY,MEDICINE DEPARTMENT, GOVERNMENT MEDICAL COLLEGE, THRISSUR BY ADV. SRI.R.PARTHASARATHY SMT.SEEMA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVT, MEDICAL EDUCATIN DEPARTMENT, THIRUVANANTHPAURAM- 695001 2. THE DIRECTOR, MEDICAL EDUCATIONDEPARTMENT, THIRUVANANTHAPURAM-695001 3. THE JOINT DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM-695001 4. THE ADMINISTRATIVE OFFICER, GOVERNMENT MEDICAL COLLEGE, THRISSUR-680001 5. THE ADMINSITRATIVE OFFICER, GOVERNMENT MEDICAL COLLEGE, KOZHIKODE-673001 6. SURESH KUMAR K.HEALTH INSPECTOR GRADE II GOVT.MEDICAL COLLEGE, KOZHIKODE-673001 7. AJITH KUMAR, C.M. HEALTH INSPECTOR GRADE II GOVT,MEDICAL COLLEGE, KOZHIKODE-673001 BY GOVT.PLEADER SHRI V.VIJULAL FOR R1 TO R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.26795/11 PETITIONER'S EXTS: EXT.P1: COPY OF APPOINTMENT CHARGE OF HEALTH INSPECTOR GRADE II. EXT.P2: COPY OF APPOINTMENT ORDER ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DT.20.6.11. EXT.P3: COPY OF TRANSFER ORDER ISSUED BY THE 2ND RESPONDENT DT.2.7.11. EXT.P4: COPY OF ORDER ISSUED BY THE 5TH RESPONDENT PERMITTING THE PETITIONER TO JOIN DUTY AND RELIEVING THE 6TH RESPONDENT FROM DUTY DT.5.7.11. EXT.P5: COPY OF ORDER ISSUED BY THE 2ND RESPONDENT DT.8.7.11. EXT.P6: COPY OF ORDER RELIEVING THE PETITIONER AND PERMITTING THE 6TH RESPONDENT TO JOIN DUTY ISSUED BY THE 5TH RESPONDENT EXT.P7: COY OF REPRESENTATION SUBMITTED BY THE PETITIONER'S FATHER TO THE SECRETARY TO GOVT., MEDICAL EDUCATION. EXT.P8: COPY OF REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT BY THE PETITIONER'S FATHER. EXT.P9: COPY OF REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT EXT.P10: COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT TRUE COPY P.A.TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.26795 of 2011 -------------------------------------------------- DATED THIS THE 11th DAY OF OCTOBER, 2011 J U D G M E N T The petitioner's grievance is regarding the order issued by the Director of Medical Education as per Exhibit P5 dated 8.7.2011 whereby an earlier order Exhibit P3 stands cancelled. 2. This is a case where the petitioner is requiring a transfer to Government Medical College, Kozhikode. She is working as Health Inspector Grade II. Presently she is transferred to the Government Medical College, Thrissur. 3. The case of the petitioner is that the petitioner was advised for appointment by the Public Service Commission pursuant to the ranked list issued. The petitioner was rank No.9, the 6th respondent was rank No.13 and the 7th respondent was rank No.14 in the ranked list. It is pointed out that after the rotation in the list of candidates to be appointed was worked out also, the petitioner stood as senior to respondents 6 and 7 being rank Nos.5, 6 and 9 respectively. The petitioner is a resident of Vadakara in Kozhikode District. It is pointed out that in spite of W.P.(C)No.26795/11 -2- the seniority of the petitioner she was appointed in Thrissur Medical College ignoring her claim for a posting in Kozhikode Medical College. 4. It is pointed out that the petitioner is the mother of a two year old daughter and her husband is working as UD Clerk in the Paruvayal Grama Panchayat and they are residing at NGO Quarters, Kozhikode. Her father is a heart patient, who is also residing with her. Now because of the transfer appointment to Thrissur Medical College, the petitioner has to travel about 9 hours to and fro from Kozhikode to Thrissur daily. 5. After the petitioner filed a representation for a transfer to Medical College, Kozhikode, the same was allowed by the Director or Medical Education by Exhibit P3 order dated 2.7.2011 by mutually transferring the petitioner and the 6th respondent. Exhibit P4 is the relieving order and the petitioner thereafter joined duty in the Medical College, Kozhikode. But later the said order was cancelled by Exhibit P5, according to the petitioner without any reason at all. 6. Thereafter, the petitioner's father filed a representation before the Government as per Exhibit P7 and the W.P.(C)No.26795/11 -3- petitioner has also filed a representation as per Exhibit P10 before the Director of Medical Education. 7. Evidently, the present order is one passed by the Director of Medical Education and therefore the remedy of the petitioner is to approach the Government itself. 8. In that view of the matter, if the petitioner files a representation/appeal along with a copy of this judgment and a copy of the Writ Petition before the Government within a period of two weeks, the same will be considered by the Government after notice to the petitioner and respondents 6 and 7 within a further period of two months. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn