IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 WP(C).No. 15478 of 2004(P) --------------------------------------- PETITIONER(S): ------------------------ 1. DR. NANDAGOPALAN, POST GRADUATE STUDENT DEPARTMENT OF ANATOMY, MEDICAL COLLEGE, KOTTAYAM. (C/O. M.P. SUDHAKARAN, MADATHILPARAMPIL HOUSE, PUTHENCHIRA P.O., THRISSUR DISTRICT, PIN-680 682.) 2. DR. MAHESWARI THAMPI. S., LECTURER (PROVISIONAL), DEPARTMENT OF ANATOMY, MEDICAL COLLEGE, KOTTAYAM. 3. DR. ARUN. M., (PROVISIONAL) LECTURER IN RADIOTHERAPHY, MEDICAL COLLEGE, KOTTAYAM. 4. DR. SITHARA MATHEW, C/O. DR. ABRAHAM JOHNSON, DEPARTMENT OF COMMUNITY MEDICINE, PUSHPAGIRI MEDICAL COLLEGE, THIRUVALLA. BY ADV. MR.V.PHILIP MATHEW RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF HEALTH, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. INDIAN MEDICAL COUNCIL, REPRESENTED BY ITS SECRETARY, NEW DELHI. 3. KERALA PUBILC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 4. DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. *ADDL. R5 IS IMPLEADED. 5. KERALA GOVERNMENT MEDICAL COLLEGE, TEACHERS' ASSOCIATION (REG. NO.114/1970) VAZHUTHACAUD, THIRUVANANTHAPURAM, REP.BY ITS PRESIDENT, SRI.SUKUMARAN. ADDL. R5 IS IMPLEADED AS PER ORDER DTD. 20.1.05 IN IA. 850/05. W.P.(C) NO.15478/2004 * ADDL. R6 TO R9 ARE IMPLEADED. 6. MANOJ A., LAKSHMI NIVAS, ENLLIMUGHAL P.O., PATHANAMTHITTA. 7. SHIMU MOHAMMED, W/O. MOHAMMED NAJEEB, MUKKATH HOUSE, EDAPPALLY, COCHIN 24. 8. ANN GEORGE,THAIPARAMBIL HOUSE, PUTHENVELIKKARA, NORTH PARAVUR TALUK. 9. SMITH G.RAJ, AKSHARA BHAVAN, T.D. MEDICAL COLLEGE P.O., VANDANAM, ALAPPUZHA 05. *ADDL. R6 TO R9 ARE IMPLEADED AS PER ORDER DT.4.2.05 IN IA.1463/05. R1 &R4 BY SR.GOVT. PLEADER SMT.T.B.REMANI R2 & R3 BY ADV. MR.ALEXANDER THOMAS SRI.SATHISH NINAN FOR ADDL.R SRI.SANTHOSH MATHEW FOR ADDL.R R6, R7 & R8 BY ADV.MR.GEORGE POONTHOTTAM R9 & R10 BY ADV. MR.BINU PAUL (NETTOOR) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.15478/2004 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE RANK LIST PREPAED BY THE K.P.S.C. IN THE YEAR 2003 FOR THE POST OF LECTURER IN ANATOMY. P2:- COPY OF THE MINIMUM QUALIFICATIONS FOR TEACHERS IN MEDICAL INSTITUTIONS REGULATIONS, 1998 PUBLISHED BY INDIAN MEDICAL COUNCIL. P3:- COPY OF THE GAZETTE NOTIFICATION DTD. 17.6.03. P4:- COPY OF THE SYLLABUS OF HUMAN ANATOMY FOR M.B.B.S. P5:- COPY OF THE SYLLABUS FOR MSC ANATOMY PREPARED BY THE M.G.UNIVERSITY. P6:- COPY OF THE NEWS ITEM PUBLISHED IN MATHRUBHUMI THOZHIL VARRTHA DTD. 8.5.04. P7:- COPY OF THE REPRESENTATION SUBMITTED BY HEAD OF THE DEPARTMENT OF ANATOMY AND THE TEACHING FACULTY IN THE MEDICAL COLLEGE, KOTTAYAM TO THE K.G.M.C.T.A. DTD. NIL. P8:- COPY OF THE REPRESENTATION SUBMITTED BY PETITIONERS AND CERTAIN OTHERS TO THE DIRECTOR OF MEDICAL EDUCATION DTD. 29.6.03. P9:- COPY OF THE REPRESENTATION SUBMITTED BY PETITIONERS AND CERTAIN OTHERS TO THE HONOURABLE MINISTER FOR HEALTH DTD. 19.5.04. P10:- COPY OF THE G.O.(P) 145/02/H&FWD DTD. 16.6.2000. P11:- COPY OF THE PRESIDENTIAL ADDRESS MADE BY DR. ABDUL KHADER ON 29.6.03 IN ALAPPUZHA MEDICAL COLLEGE. RESPONDENT'S EXHIBITS R5(1):- COPY OF THE JUDGMENT IN OP. 13124/02 DTD. 9.1.04 OF THIS HONOURABLE COURT. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.15478/2004-P ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 11th day of November, 2009 J U D G M E N T The petitioners in this writ petition are working as Lecturers in the Departments of Anatomy, Radiotherapy, Community Medicine in various Medical Colleges. They are aggrieved by the steps taken by the respondents to appoint Graduates in M.Sc Anatomy to the post of Anatomy Lecturer in Medical Colleges. 2. Ext.P1 is the ranked list which was brought into force at that point of time, viz. in the year 2003. The petitioners have raised various contentions as to why the posts have to be filled up only from persons from the medical stream and not from the non-medical stream. It is the case of the petitioners that there are so many M.B.B.S candidates who are prepared to teach Anatomy in Medical Colleges in Kerala. They are relying upon various representations submitted before the Government in the matter also. 3. Ext.P1 ranked list which was brought into force in the year 2003 has expired in the meanwhile. The main prayer in the writ petition is for a direction to the respondents not to appoint persons with M.Sc Anatomy in Government Medical Colleges in Kerala as long as Graduates W.P.(C). No.15478/2004 -:2:- in M.B.B.S are available for appointment as Lecturers in Anatomy. It is clear from the averments in the writ petition itself that at that point of time 30% vacancies could have been filled up by graduates, namely, from non- medical category. Since the ranked list itself has expired, at this distance of time there cannot be any direction to recall any process finalised obviously. In that view of the matter, leaving open the contentions of the petitioners, the writ petition is disposed of. No costs. (T.R. Ramachandran Nair, Judge.) ms