IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 WP(C).No. 20004 of 2010(A) -------------------------- PETITIONER(S): --------------- 1. DR.JEJI.G., ASSISTANT PROFESSOR OF SURGERY, MEDICAL COLLEGE, KOTTAYAM. 2. DR.SANSHO E.U., ASSISTANT PROFESSOR OF SURGERY, MEDICAL COLLEGE, KOTTAYAM. 3. DR.RONI J.MATHEW, ASSISTANT PROFESSOR OF SURGERY, MEDICAL COLLEGE, KOTTAYAM. 4. DR.MONI SUSEELAN, ASSISTANT PROFESSOR OF SURGERY, MEDICAL COLLEGE, KOTTAYAM. 5. DR.LAKSHMI DEVI, ASSISTANT PROFESSOR (PATHOLOGY), MEDICAL COLLEGE, KOTTAYAM. 6. DR.SIBI MATHEW, ASSISTANT PROFESSOR (ORTHOPEDIC), MEDICAL COLLEGE, KOTTAYAM. 7. DR.SHEELA VARGHESE, ASSISTANT PROFESSOR (PATHOLOGY), MEDICAL COLLEGE, KOTTAYAM. 8. DR.CICY P.J., ASSISTANT PROFESSOR, (PATHOLOGY), MEDICAL COLLEGE, KOTTAYAM. 9. DR.SHEEJA.S., ASSISTANT PROFESSOR, (PATHOLOGY), MEDICAL COLLEGE, KOTTAYAM. 10. DR.SUBITHA K., ASSISTANT PROFESSOR, (PATHOLOGY), MEDICAL COLLEGE, KOTTAYAM. 11. DR.AJITH PRASAD, ASSISTANT PROFESSOR, SURGERY, T.D.MEDICAL COLLEGE, ALAPPUZHA. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.T.R.SADEESAN SMT.DHANYA CHANDRAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695001 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM, PIN - 695001. GOVERNMENT PLEADER SRI.DILIP MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. ``````````````````````````````````````````````````````` W.P.(C) No. 20004 of 2010 A ``````````````````````````````````````````````````````` Dated this the 28th day of June, 2010 J U D G M E N T The petitioners are working as Assistant Professors in different departments in different Medical Colleges. As per Ext.P1 Government Order, Government revised the pay and allowances of teachers in Medical Colleges and Dental Colleges. It also contains a provision for career advance. As per the same, Senior Lecturer was made the entry post and the qualification of Post Graduate degree was prescribed for appointment to the said post in consonance with the Medical Council of India Regulations, 1998. Certain persons, who did not possess the P.G. degree at the time of their initial appointment, challenged Ext.P1 order before this Court in O.P.No.32750/2001 and connected cases. As per Ext.P2 judgment, this Court upheld Ext.P1 Government Order. The present grievance of the petitioner is that subsequently, the Government have issued Ext.P3 Government Order dated 14-12-2009 and Ext.P5 Government Order dated 03-04-2010, whereby the prescription of qualifications and experience originally prescribed as per Ext.P1 was modified. The contention of the petitioner is that there is patent anomaly in the said Government Orders inasmuch as the deviation from Ext.P1 Government Order was in conflict with the WPC.20004/2010 : 2 : Medical Council of India Regulations, 1998. In short, the contention of the petitioners is that the issue requires a serious consideration and, therefore, against Exts.P3 and P5, they have filed Exts.P4 and P6 representations respectively, before the first respondent. In the writ petition, the petitioners have explained in detail the consequences and adverse impacts of the deviation from Ext.P1 made as per Exts.P3 and P5 and contended that in the light of the Medical Council of India Regulations 1998, Exts.P3 and P5 cannot be sustained. I am of the view that those are matters which require consideration by the first respondent. Since the petitioners have already approached the first respondent through Exts.P4 and P6 representations, without making any observation as to the merits of the contentions raised in this writ petition, it is disposed of with a direction to the first respondent to consider and pass orders on Exts.P4 and P6 representations, expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment. Sd/- (C.T.RAVIKUMAR, JUDGE) aks // True Copy // P.A. To Judge