IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 WP(C).No. 37520 of 2010(L) ---------------------------------------- PETITIONER(S): ----------------------- DR.JOSEPH ISSAC, S/O.LATE K.E.ISSAC, AGED 53 YEARS, G398, PANAMPILLY NAGAR, COCHIN - 36. BY ADVS. SRI.G.SHRIKUMAR, SRI.SREEJITH S.NAIR. RESPONDENT(S): ---------------------------- 1. UNION OF INDIA, REPRESENTED BY MINISTRY OF HEALTH AND FAMILY WELFARE, NIRMAN BHAVAN, NEW DELHI - 110 001. 2. THE DENTAL COUNCIL OF INDIA, REPRESENTED BY ITS SECRETARY, AIWAN -E-GHALIB MARG, KOTLA ROAD, NEW DELHI - 110 002. 3. THE ACTING PRESIDENT, DENTAL COUNCIL OF INDIA, AIWAN -E-GHALIB MARG, KOTLA ROAD, NEW DELHI - 110 002. 4. MAJOR GENERAL (RTD) DR.P.N.AWASTHI, HOUSE NO.784, AYORVA APARTMENTS, ARUN VIHAR SECTOR 29, NOIDA, UTTAR PRADESH - 201 303. R1 BY SRI. P.PARAMESWARAN NAIR, ASST.S.G. OF INDIA BY ADV. SMT.JAYSREE MANOJ, CGC R2 & R3 BY SRI.KRB.KAIMAL, SENIOR ADVOCATE BY ADV. SRI.SAJEEV KUMAR K.GOPAL R4 BY ADVS.SRI.SREELAL N.WARRIER, SRI.B.RAGHUNANDANAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ..2/- ..2..... WPC.NO.37520/2010 L J U D G M E N T Learned counsel for the petitioner submitted that the matter has become infructuous. Hence the writ petition is dismissed as infructuous. 9/11/2011 SD/- C.K.ABDUL REHIM,JUDGE /True Copy/ P.A.to Judge Kss P.R.RAMACHANDRA MENON, J ........................................... WP(C).NO. 37520 OF 2010 ............................................ DATED THIS THE 9th DAY OF MARCH, 2011 ORDER The appointment of the fourth respondent as a Consultant to the 2nd respondent Council (which, according to the petitioner is a non-existing post and not covered by any statute or rules) is under challenge. 2. The fourth respondent was in fact continuing as the Secretary to the Council, contrary to the statutory prescriptions and beyond the permissible limit, which was subjected to challenge in WP(C)No.31823 of 2010. Since interim order was declined, the same finally happened to be dealt with by a Division Bench of this Court leading to Ext.P4 judgment. In the course of hearing the Appeal, the fourth respondent submitted that he did not want to continue and that he had already resigned from the post vide Ext.P3. It was accordingly that the appeal was disposed of, recording the said submission. The case of the petitioner is that immediately after the outcome as aforesaid, the Council chose to engage the fourth respondent as a `consultant'; wpc 37520/2010 2 which in turn is under challenge in this writ petition. 3. When the matter came up for consideration before this Court on 17.12.2010, the proceedings were intercepted by passing an interim order for a period of four weeks. Being aggrieved of the said order, the matter was taken up by filing SLP before the Apex Court at the instance of the Dental Council of India and after hearing both the sides, the SLP was disposed of as per order dated 7.1.2011 with the following observations. “A bare reading of the said order dated 17.12.2010 would indicate that the interim order was passed only for four weeks by the High Court. The order was passed on 17.12.2010 and as such four weeks time is going to expire on 16.1.2011. Therefore, we request the High Court to take up the matter immediately in terms of its order and in the meantime the petitioner herein shall file reply to the stay application. The High Court is also requested to dispose of the stay application or wpc 37520/2010 3 the entire petition itself preferably within a period of four weeks from today”. 3. However, going by the materials on record, it is seen that the matter had come up for consideration of this Court on 4.1.2011 as well and after hearing, the interim order was extended until further orders, directing the respondent to file a counter affidavit. The factum of passing of such order on 4.1.2011 was not brought to the notice of the Supreme Court when the SLP was disposed of on 7.1.2011. In the said circumstances, this Court finds that the next course available is to have the writ petition itself heard and finalised at the earliest, in view of the observations made by the Apex Court. List the writ petition for hearing on top of the list in the week commencing from 28.3.2011. Hand over. P.R.RAMACHANDRA MENON, JUDGE lgk