IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 WP(C).No. 32999 of 2009(T) --------------------------------------- PETITIONER(S): ----------------------- DR. A.ARUN KUMAR, ASSISTANT PROFESSOR, DEPARTMENT OF OPHTHALMOLOGY, MEDICAL COLLEGE, KOZHIKODE. (AGED 40, S/O. V.K.KUNJIRAMAN, V.K.HOUSE, THRIKKARIPUR P.O., KASARGOD). BY ADVS. MR.K.S.MADHUSOODANAN SMT.K.M.RAMYA MR.T.V.JAYAKUMAR NAMBOODIRI RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY SECRETARY, HEALTH AND FAMILY WELFARE (B) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 3. DR.DILEEP KUMAR K.V., ASSISTANT PROFESSOR, DEPARTMENT OF OPHTHALMOLOGY, MEDICAL COLLEGE, THRISSUR. R1 & R2 BY GOVT. PLEADER SMT.M.R.SREELATHA R3 BY ADV. MR.SOORAJ T.ELENJICKAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.32999/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE TRANSFER GUIDE LINE GO(RT) NO.504/05/H&FWD THIRUVANANTHAPURAM DTD. 21.2.05. P2:- COPY OF THE LETTER NO.G1/7467/2009 /DME DTD. 29.4.09 ISSUED FROM THE 2ND RESPONDENT'S OFFICE. P3:- COPY OF THE RELEVANT PAGE OF DRAFT PROPOSAL FOR TRANSFER AND POSTING 2009 ISSUED BY 2ND RESPONDENT. P4:- COPY OF THE OBJECTION AGAINST THE DRAFT PROPOSAL SUBMITTED BY THE 2ND RESPONDENT DT.D 30.3.09. P5:- COPY OF THE JUDGMENT DTD. 23.7.09 IN WPC. 18228/09. P6:- COPY OF THE TRANSFER ORDER G.O.(RT) NO.3181/09 (H&FWD DTD. 2.11.09. TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.32999 of 2009-T - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of December, 2009. JUDGMENT Aggrieved by Ext.P6 order, the petitioner filed this writ petition. The matter in dispute is regarding the respective claims raised by the parties for retention in the Medical College Kozhikode and Medical College, Thrissur. As per Ext.P6, the petitioner is transferred to Medical College, Thrissur in the vacancy to which the third respondent is transferred. 2. The petitioner approached this Court earlier by filing W.P.(C) No.18228/2009. It is pointed out that in spite of the directions issued by this Court in the judgment Ext.P5, to consider the objections raised by the petitioner against the draft proposal (Ext.P4 herein) the same was finalised as per Ext.P6, without considering the points raised by him. 3. Learned counsel appearing for the third respondent submitted that pursuant to Ext.P6 order, the third respondent has already joined Medical College, Kozhikode on 17.11.2009 and the he has got a better claim than the petitioner. 4. A reading of Ext.P6 does not reveal that the objections of the petitioner raised as per Exxt.P4, have been considered, even though learned wpc 32999/2009 2 counsel for the third respondent submitted that all those aspects have been considered while passing Ext.P6, even though the details have not been stated. 5. A reading of Ext.P6 do not reveal that the objections raised by the petitioner were considered. Such consideration ought to have been made, in the light of Ext.P5 judgment. It is well settled that, an order which does not contain reasons, cannot be supplemented by filing counter affidavit. Hence, the matter requires a reconsideration. Therefore, the writ petition is disposed of directing the first respondent to take a fresh decision after hearing the petitioner and the third respondent, within a period of one month from the date of receipt of a copy of this judgment. The contentions of the parties will be adverted to while taking a decision. No costs. (T.R. Ramachandran Nair, Judge.) kav/