IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 WA.No. 1823 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN OP.37616/2002 Dated 30/05/2008 .................... APPELLANT: PETITIONER: ---------------------------------------- DR.D.KALPANA, ASSISTANT PROFESSOR OF PAEDIATRIC NEUROLOGY, MEDICAL COLLEGE, THIRUVANANTHAPURAM. BY ADV. SRI.ELVIN PETER P.J. SRI.S.RAMESH SRI.T.NAVEEN RESPONDENTS: RESPONDENTS: ------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 3. DR.MARY IYPE, SENIOR LECTURER IN PAEDIATRIC NEUROLOGY, MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SRI. BENNY GERVACIS – R1 & R2 BY ADV. SRI. S. GOPAKUMARAN NAIR (Sr.) - R3 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & THOMAS P.JOSEPH, JJ. -------------------------------------- W.A.No.1823 OF 2008 ------------------------------------- Dated 3rd September, 2008 JUDGMENT Koshy,J . The appellant/petitioner was a Lecturer in the Department of Paediatrics in Medical College, Thiruvananthapuram. A vacancy of Assistant Professor (Paediatrics Neurology) arose in the Medical College. Though the third respondent was junior, she was promoted in 2002 as she had degree in D.M (Neurology). The petitioner was not having the required qualification for promotion at that time. Only later, in April, 2004, the petitioner became qualified. Learned single Judge held that the third respondent was promoted in 2002 correctly and her promotion cannot be set aside. It was also observed that when third respondent was promoted as Associate Professor, if petitioner wants she can opt for the same. It is submitted that the petitioner was also later promoted as Assistant Professor and posted in the Paediatric Neurology Department subsequently. We see no ground to interfere in the impugned judgment. The appeal is dismissed. J.B.KOSHY JUDGE THOMAS P. JOSEPH JUDGE tks