IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 12TH MARCH 2010 / 21ST PHALGUNA 1931 WP(C).No. 6096 of 2010(J) ------------------------- PETITIONER(S): --------------- K.VIJAYAKUMAR, LECTURER IN MEDICO-SOCIOLOGY, DEPARTMENT OF COMMUNITY MEDICINE, MEDICAL COLLEGE, THIRUVANANTHAPURAM. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.MATHEW SUNNY RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR, DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. GOVT. PLEADER SRI.T.T.MAHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 6096 of 2010 ================== Dated this the 12th day of March, 2010 J U D G M E N T The petitioner is presently working as a Lecturer in the Department of Community Medicine, under the Medical Education Department of the Government of the Kerala. The next promotion post is that of the Assistant Professor. The petitioner possesses all qualifications prescribed for the post. The Departmental Promotion Committee met on 3.6.2009 to prepare a select list of persons eligible for such promotion. A list has been prepared. According to the petitioner, he has been included in the list and he is the person to be promoted next. He submits that a vacancy of Assistant Professor is in existence from 1.5.2009, but no steps are being taken to fill up the post, from the select list, is the contention of the petitioner. The petitioner, therefore, seeks the following reliefs: “i) to issue a writ of mandamus or order of direction to the 1st respondent to promote the petitioner as Assistant Professor in Medico Sociology and post him at Medical College, Trivandrum, in the existing vacancy; ii) to issue a Writ of Mandamus or order or direction to the 1st respondent to pass appropriate orders on Exts.P3 and P4 representations filed by the petitioner as expeditiously as possible, and at any rate within a time limit that may fixed by this Hon'ble Court. iii) to issue a Writ of Mandamus order or direction to the 1st respondent to take a decision on Ext.P2 request made by the 2nd respondent as expeditiously as possible and at any rate within a time limit that may be fixed by this Hon'ble Court;” 2 2. I directed the learned Government Pleader to get instructions from the respondents as to whether there is a vacancy of Assistant Professor available, to which, the petitioner can be appointed from the select list prepared for the purpose. The Government Pleader submits that there is a vacancy existing and a select list has been prepared. As such, there is no justification in not filling up the post. Of course, the Government Pleader submits that certain clarifications have been requested for from the Director of Medical Education. Whatever that be, in so far as the Departmental Promotion Committee has prepared a select list, it is only appropriate that the vacancy is filled up, especially in the wake of the fact that the Medical Education Department is short of doctors. 3. Accordingly, this writ petition is disposed of with a direction to the respondents to fill up the vacancy of Assistant Professor existing, from the select list by appointing the next eligible person from the select list. If the petitioner is the only person eligible or the next person for such promotion, he shall be so promoted. The same shall be done as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 3