IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 WP(C).No. 30301 of 2011(K) ----------------------------------------- PETITIONER(S): ------------------------ DR.V.SURESH KUMAR, ASSOCIATE PROFESSOR, DEPARTMENT OF CARDIO THORACIC SURGERY, MEDICAL COLLEGE, THIRUVANANTHAPURAM-695 011. BY ADVS. SRI.T.C.SURESH MENON, SRI.JIBU P THOMAS, SRI.P.S.APPU, SRI.A.R.NIMOD. RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE (S) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF MEDICAL EDUCATION, D.M.E.OFFICE, THIRUVANANTHAPURAM-695 011. 3. DR.V.R.RAJASEKHARAN, ASSOCIATE PROFESSOR, DEPARTMENT OF CARDIO THORACIC SURGERY, MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM, PIN- 695 011. R1 & R2 BY SR. GOVERNMENT PLEADER SRI. M.A. FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.30301/2011 K APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE INFORMATION RECEIVED UNDER THE RIGHT TO INFORMATION ACT DATED 22/8/2011. EXHIBIT P2: TRUE COPY OF THE PROVISIONAL SENIORITY LIST OF ASSISTANT PROFESSOR WITH CAP AS ASSOCIATE PROFESSOR AS ON 1/6/2011 DATED 22/6/11. EXHIBIT P3: TRUE COPY OF THE PROVISIONAL SENIORITY LIST OF ASSOCIATE PROFESSOR REGULAR PROMOTION DATED 22/6/2011. EXHIBIT P4: TRUE COPY OF THE ORDER G.O.(P)NO.32/2011/H&FWD DATED 24/1/2011. EXHIBIT P5: TRUE COPY OF THE COURSE CERTIFICATE ISSUED TO THE PETITIONER DATED 16/3/2010. EXHIBIT P6: TRUE COPY OF THE COMMUNICATION ISSUED BY THE SECOND RESPONDENT TO THE FIRST RESPONDENT DATED 22/6/2011. EXHIBIT P7: TRUE COPY OF THE ORDER G.O.(P)NO.425/2009/H&FWD DATED 14/12/2009. EXHIBIT P8: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT DATED 26/7/2011. EXHIBIT P9: TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 4/11/2011. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 30301 of 2011-K - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of November, 2011. JUDGMENT The petitioner herein who is working as an Associate Professor in the Department of Cardio Thoracic Surgery in the Medical College, Thiruvananthapuram, is aggrieved by the inclusion of the third respondent in the select list for promotion as Professor, allegedly overlooking the claims of the petitioner. 2. Heard learned counsel for the petitioner and learned Government Pleader. 3. Learned Government Pleader submitted that going by the particulars of the third respondent, he was eligible for inclusion and the petitioner has not satisfied the requirement of completion of three years for promotion as Professor. The above submission is disputed by the learned counsel for the petitioner. It is stated that the third respondent was unauthorisedly absent for several years. 4. I am not going into the merits of the matter. The petitioner has already approached the Government by filing Ext.P9 representation. Learned counsel for the petitioner relied upon a decision of this Court in wpc 30301/2011 2 Radhakrishna Pillai v. State of Kerala and another (1984 KLT 693) to contend for the position that the Government has got jurisdiction to correct mistakes before the list is approved. 5. It is upto the Government to take a decision on Ext.P9. In that view of the matter, there will be a direction to the first respondent to consider the grievance raised by the petitioner in Ext.P9 and take an appropriate decision before the list is approved, and communicate the same to the petitioner. The writ petition is disposed of as above. No costs. The petitioner will forward a copy of this judgment along with a copy of the writ petition before the first respondent for compliance. (T.R. Ramachandran Nair, Judge.) kav/