IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WP(C).No. 9536 of 2008(I) -------------------------------- PETITIONER(S): ------------------- SREEJITHA.P.S W/O. SUBHASH MOHAN.S, AGED 32 YEARS RESIDING AT SAUPARNIKA,NEAR VISHNU TEMPLE, M.KESAVAN NAMBOOTHIRI ROAD, KARUVISSERY, CALICUT. BY ADV. SRI.P.K.RAMKUMAR SMT.ANITHA RAMKUMAR RESPONDENT(S): ------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF HEALTH AND FAMILY WELFARE GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. PRINCIPAL AND CONTROLLING OFFICER GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE THIRUVANANTHAPURAM 3. PRINCIPAL AND CONTROLLING OFFICER GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE KOZHIKODE. GOVERNMENT PLEADER SMT.T.B.REMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.9536/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE NOTIFICATION OF VACANCY AND INVITATION OF APPLICATIONS FOR THE POST OF TUTOR IN SOCIAL AND PREVENTIVE MEDICINE PUBLISHED IN THE KERALA GAZETTE DT 3.8.04. EXT.P2: TRUE COPY OF THE RANK LIST PUBLISHED BY KERALA PUBLIC SERVICE COMMISSION FOR THE POST OF TUTOR IN SOCIAL AND PREVENTIVE MEDICINE IN GOVERNMENT HOMEO MEDICAL COLLEGES. EXT.P3: TRUE COPY OF ADVICE MEMO ISSUED BY KERALA PUBLIC SERVICE COMMISSION IN FAVOUR OF THE PETITIONER FOR THE POST OF TUTOR IN SOCIAL AND PREVENTIVE MEDICINE DT 13.2.2008. EXT.P4: TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT DT 28.2.2008. EXT.P5: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DT 29.2.2008. EXT.P6: TRUE COPY OF THE DETAILED REPRESENTATION DT 14.3.2008 SUBMITTED BY THE PETITIONER. EXT.P7: A TRUE COPY OF THE INFORMATION GIVEN BY THE PUBLIC INFORMATION OFFICER NO.1404/C2/08/GHMET. EXT.P8: A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE PUBLIC INFORMATION OFFICER DT 22.4.08. EXT.P9: A TRUE COPY OF THE JUDGMENT IN WPC NO.21999/07. EXTS.OF R2 ANNEXURE A: TRUE COPY OF GO(MS) NO.27/2005/H&FWD DT 2.2.2005. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. =============== W.P.(C) NO. 9536 OF 2008 (I) ==================== Dated this the 29th day of September, 2008 J U D G M E N T By Ext.P3, petitioner was advised for appointment as a Tutor in the Social and Preventive Medicine in the Government Homeopathic Medical College Department. In pursuance to Ext.P3, by Ext.P4, petitioner was appointed in the Government Homeopathic Medical College, Thiruvananthapuram as Tutor. 2. Soon after joining the post, she submitted Exts. P5 and P6 representations pointing out that there are vacancies at Calicut and that she should be accomodated in one of those vacancies. As her claim was not acceded to, this writ petition has been filed. The main contention raised by the learned counsel for the petitioner is that there is a vacancy at Calicut and that she should be accommodated in that vacancy. 3. The stand taken by the respondents was that there is no vacancy and apparently they were relying on Annexure A to the statement filed and contend that since the Tutor post does not exist under the Central Council of Homeopathy pattern, the post of tutor has to be treated as a vanishing category. However, it is now seen from Ext.P9 judgment in WPC 9536/08 :2 : WP(C) No.21999/07 that this argument did not appeal to the Court. 4. Be that as it may, the main objection now raised by the learned Government Pleader is regarding the ineligibility of the petitioner for transfer to the place of her choice for the reason that she has not even completed her probationary period. The petitioner is not in a position to point out any Rule or Government order to sustain her claim, but is only referring to certain precedents, which according to the petitioner, supports her claim for transfer to Calicut. 5. In my view, the claim can validly be raised once probation is declared and all that is possible in this writ petition is to clarify that, once the petitioner completes her probation successfully, if there is any vacancy, it will be open to the petitioner to move the authorities seeking to be accommodated against those vacancies. It is directed that in case the petitioner makes such a request, the same will be dealt with in accordance with law. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp