IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 1ST APRIL 2011 / 11TH CHAITHRA 1933 WP(C).No. 10479 of 2011(H) -------------------------- PETITIONER(S): --------------- DR. K.T. RAMADAS, PROFESSOR AND HEAD, DEPARTMENT OF ANESTHESIOLOGY, MEDICAL COLLEGE P.O., CALICUT. BY ADV. SRI.GEORGE THOMAS (MEVADA), SENIOR ADVOCATE RESPONDENT(S): --------------- 1. THE DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, TRIVANDRUM - PIN 695 001. 2. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVT., DEPARTMENT OF HEALTH & FAMILY WELFARE, SECRETARIAT, TVM. 3. DR. K.K. MUBARAK, PROFESSOR AND HEAD, DEPARTMENT OF ANESTHESIOLOGY, MEDICAL COLLEGE P.O., THRISSUR. R1 & R2 BY G.P. SMT. NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 10479 of 2011-H - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of April, 2011. JUDGMENT The petitioner is working as Professor and Head of the Department of Anesthesiology in the Medical College, Calicut. He seeks for a direction to respondents 1 and 2 to strictly act in terms of Ext.P1 guidelines while effecting the postings by general transfer of Professor and Head of the Department, in the Department of Anesthesiology. There is a further prayer to direct the second respondent to consider and dispose of Ext.P5 representation in accordance with law before passing orders on the request for transfer made by the third respondent to Calicut as Professor and Head of the Department. 2. The petitioner was promoted as Professor on 17.5.2007 in the Department of Anesthesiology. Ext.P1 is the norms for general transfer. It is stated that going by Ext.P1, a person who was last transferred in the general transfer of 2009 to Medical Colleges in Alappuzha and Thrissur, and in the year 2008 to other colleges will be eligible for transfer, with reference to the qualifying service during the general transfer in the year wpc 10479/2011 2 2011. 3. The third respondent was formerly working in the Medical College, Calicut as an Associate Professor. He was promoted as Professor and Head of the Department of Anesthesiology in Medical College, Thrissur as per Ext.P2 order dated 1.6.2009. It is pointed out by the petitioner that it was not during the general transfer, that the third respondent was posted there, but it was an order passed as part of his promotion. 4. The petitioner is not seeking any transfer this year. But, it is submitted that after going through the proposal for transfer submitted by the third respondent, it was found that the station of her choice is said to be Calicut. It is pointed out that he is not eligible for such a transfer. It is in these circumstances, the petitioner has filed Ext.P5 objection. It is prayed that the said objection may be considered in accordance with Ext.P1 guidelines. 5. There will be a direction to the Director of Medical Education to wpc 10479/2011 3 consider the objections raised by the petitioner as per Ext.P5, before finalising the general transfer, if any, in respect of Professor and Head of the Department of Anesthesiology. The writ petition is disposed of as above. No costs. The petitioner will produce 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/