IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 WP(C).No. 13850 of 2008(W) -------------------------- PETITIONER: ------------ DR.G.SOMASEKHARAN PILLAI, VICE PRINCIPAL AND H.O.D OF MATERIA MEDICA, SREE VIDHYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE, NEMOM P.O, THIRUVANANTHAPURAM. BY ADV. SMT.SREEDEVI KYLASANATH SMT.V.J.SAFEENA RESPONDENTS: ------------- 1. STATE OF KERALA REP.BY THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE, THIRUVANANTHAPURAM. 2. THE PRINCIPAL AND CONTROLLING OFFICER, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, THIRUVANANTHAPURAM. 3. SHREE VIDHYADHIRAJA VIDYA SAMAJAM, CHETTIKULANGARA, THIRUVANANTHAPURAM.REP. BY ITS SECRETARY. 4. THE PRESIDENT, SREE VIDYADHIRAJA VIDYA SAMAJAM, CHETTIKULANGARA, TRIVANDRUM RESIDING AT REGENTS COURT, FLAT NO.20, KURAVANKONAM, TRIVANDRUM. BY ADV. SRI.S.KRISHNAMOORTHY FOR R3 SRI.P.K.SURESH KUMAR FOR R4 SRI.K.P.SUDHEER FOR R4 G.P. SHRI.M.R.SABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2008, ALONG WITH COC NO.706 OF 2008 RP NO.594 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.13850/2008, C.O.C.No.706/2008 & R.P.No.594/2008 ================== Dated this the 7th day of July, 2008 J U D G M E N T By judgment dated 12.3.2008 in W.P(C).No.7488/2008, I passed the following judgment. “3. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the Governing Council of the society of the 3rd respondent to consider and pass appropriate orders on Ext.P9, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner and, respondents 9 and 10. The Secretary of the 3rd respondent shall place the matter before the Governing Council for compliance of the above direction. The petitioner shall produce a copy of the writ petition along with a certified copy of this judgment before the Governing Council of the 3rd respondent for compliance.” 2. The petitioner in the writ petition, viz., Dr.G.Somasekharan Pillai filed C.O.C.No.706/2008 complaining of non compliance with the directions in the judgment. Now it turns out that there is a dispute as to who is entitled to be the member of the Governing Council of the college. The 3rd respondent in W.P(C).No. 7488/2008 filed a review petition stating that at present there is no Governing Council and therefore, the directions in the judgment to the Governing Council should be modified. This is w.p.c.13850/08 etc. 2 seriously opposed by the respondents 2 to 4 in the contempt case, according to whom, the orders of the Civil Court as it stand today permit them to continue as members of the Governing Council. One Shri.T.P.Sankarankutty Nair has come up with a claim that he is actually the Secretary of the Council, who only is entitled to represent the Samajam and the Governing Council. This is disputed by the respondents in the writ petition. They would point out that as is clear from Ext.R3(b) order of the Civil Court, presently Shri.P.N.Krishna Pillai has been accepted as the Secretary of the Samajam by the Court and although an appeal has been filed against Ext.R3(b) order of the civil court, no interim order has been passed in the same in favour of Shri.T.P.Sankarankutty Nair, and therefore, according to him, presently the Court has accepted Shri.P.N.Krishna Pillai as the Secretary of the Samajam. In view of the imbroglio I feel that the decision on the dispute as between Dr.G.Somasekharan Pillai and Dr.Shylaja K.Nair has to be decided by a competent person. By order dated 19.6.2008 in W.P(C).No. 13850/2008 I had directed the 2nd respondent viz,., the Principal and Controlling Officer, Government Homeopathic Medical College, w.p.c.13850/08 etc. 3 Thiruvananthapuram, to decide as to who is the senior most qualified lecturer entitled to hold the charge of the Principal of Sree Vidhyadhiraja Homeopathic Medical College, Nemom, and allow that qualified person to take charge as principal. Further I had directed to complete the said process within two weeks. Now it turns out that the 2nd respondent has written to the 1st respondent in W.P(C).No.7488/2008 seeking clarification in the matter. In the above circumstances, I feel that instead of the Principal and Controlling Officer, Government Homeopathic Medical College, Thiruvananthapuram, the matter can be finally decided by the Secretary to Government (Health and Family Welfare) Department, in view of the imbroglio, in the interest of the institution and the staff. Accordingly, I direct that the Secretary to Government (Health & Family Welfare) shall decide the issue as to who is the senior most qualified lecturer entitled to hold the charge of the principal of Sree Vidhyadhiraja Homeopathic Medical College, Nemom, and allow that qualified person to take charge as principal which shall be binding on all concerned subject of course to the right to challenge that order on merits. A decision as directed above shall be after hearing w.p.c.13850/08 etc. 4 Dr.G.Somasekharan Pillai and Dr.Shylaja K.Nair who are the competing claimants. I further direct that in that matter it is not necessary to hear any of the other respondents since their eligibility to be the members of the Governing Council itself is presently pending decision in the civil cases. In any event, the decision on the issue would not in any way affect any of them since the college is an aided college and salary of the staff is paid by the Government. The decision as directed above shall be taken by the Secretary, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. The writ petition, the review petition and the contempt of court case are disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.13850/08 etc. 5