IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 WP(C).No. 15530 of 2007(W) -------------------------- PETITIONER: ------------ DR.SHIJI DINAKARAN, SENIOR LECTURER, DEPARTMENT OF CONSERVATIVE DENTISTRY, GOVERNMENT DENTAL COLLEGE, THIRUVANANTHAPURAM. BY ADV. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO HEALTH AND FAMILY WELFARE(B) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE, THIRUVANANTHAPURAM. 3. THE DENTAL COUNCIL OF INDIA, REPRESENTED BY ITS SECRETARY, NEW DELHI. 4. THE DEPARTMENTAL PROMOTION COMMITTEE(HIGHER), OFFICE OF THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 5. DR.JAYASREE.S., ASSISTANT PROFESSOR (PROVISIONALLY PROMOTED), DEPARTMENT OF CONSERVATIVE DENTISTRY, GOVERNMENT DENTAL COLLEGE, KOTTAYAM. BY ADV. SRI.BINOY VASUDEVAN, SC, DCI SRI.T.G.RAJENDRAN GOVT. PLEADER SRI.K.SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/01/2008, ALONG WITH WPC NO. 15603 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 15330/2007 APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE COPY OF THE NOTIFICATION DATED 27.10.75. EXT.P2 - TRUE COPY OF THE REGULATIONS DATED 27.6.83. EXT.P3 - TRUE COPY OF THE REMINER ADDRESSED TO THE 2ND RESPONDENT BY THE 3RD RESPONDENT DATED 25.2.05. EXT.P4 - TRUE COPY OF THE JUDGMENT IN O.P.NO.2306/2001 DAGTED 12.6.02. EXT.P5 - TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.7024/2004 DATED 27.2.04. EXT.P6 - TRUE COPY OF THE ORDER ISSUED BY THE FIRST RESPONDENT DATED 29.10.05. EXT.P7 - TRUE COPY OF THE INTERIM ORDER IN W.P.(C) NO.31184/2005 DATED 8.11.2005. EXT.P8 - TRUE COPY OF THE INTERIM ORDER IN W.P.(C) NO.32772/2005 DATED 28.11.05. EXT.P9 – TRUE COPY OF THE INTERIM ORDER IN W.P.(C) NO.19029/2005 DATED 7.3.06. EXT.P10 - TRUE COPY OF THE POST GRADUATE DEGREE CERTIFICATE ISSUED BY THE UNIVERSITY OF KERALA DATED 9.8.2004. EXT.P11 – TRUE COPY OF THE PROCEEDINGS OF THE SECOND RESPONDENT DATED 26.11.2003. EXT.P12 – TRUE COPY OF THE PROCEEDINGS OF THE SECOND RESPONDENT DATED 21.6.2004. EXT.P13 - TRUE COPY OF THE PROCEEDINGS OF THE SECOND RESPONDENT DATED 9.6.2005. EXT.P14 – TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE FIRST RESPONDENT IN W.P.(C) NO.1017/2006 DATED 28.3.06. EXT.P15 - TRUE COPY OF THE SELECT LIST FOR THE YEAR 2005 PUBLISHED BY THE FIRST RESPONDENT DATED 6.7.06. EXT.P16 - TRUE COPY OF THE ORDER ISSUED BY THE FIRST RESPONDENT DATED 11.5.07. /TRUE COPY/ K.BALAKRISHNAN NAIR & K.T.SANKARAN, JJ. ----------------------------------------- W.P.(C) NOS.15530 & 15603/2007 ----------------------------------------- Dated 15th January, 2008. JUDGMENT Balakrishnan Nair, J. The petitioners in these writ petitions challenge Ext.P16 order, by which the 5th respondent Dr.S.Jayasree has been promoted as Assistant Professor. Recently, the Government by G.O.(Rt) No.2632/07/H & FWD dated 19.7.2007 have reverted the 5th respondent, cancelling the impugned promotion order Ext.P16. In view of the above position, the main prayer in the writ petitions has become infructuous. Both the petitioners claim promotion in the light of the decision of the Division Bench of this Court in Rabi v. State of Kerala (2007(4) KLT 335). 2. The 1st respondent submits, the claim of all Assistant Professors including the petitioners will be considered for promotion in the light of the above decision of this Court. This submission is recorded. The Government may order the promotions as undertaken as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of WPC NOS.15530 & 15603/07 2 this judgment. The Writ Petitions are disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. K.T.SANKARAN, JUDGE. Nm/