IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 WP(C).No. 18265 of 2008(Y) ------------------------------------- PETITIONERS: --------------------- T.M.JOSE, ASSISTANT PROFESSOR, ORTHOPAEDICS, MEDICAL COLLEGE MULAMKUNNATHUKAVU,TRICHUR BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENTS: -------------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, TRIVANDRUM 2. DIRECTOR OF MEDICAL EDUCATION, TRIVANDRUM 3. DEPARTMENTAL PROMOTION COMMITTEE HEALTH AND FAMILY WELFATRE DEPARTMENT FOR MEDICAL EDUCATION, TRIVANDRUM, REP. BY ITS CONVENOR. 4. DR.P.GOPINATHAN, ASSOCIATE PROFESSOR (ORTHOPAEDICS) MEDICAL COLLEGE, KOZHIKODE 5. E.C.BABUKUTTY, ASSOCIATE PROFESSOR (UNDER SUSPENSION) MEDICAL COLEGE, ALEPPEY 6. DR.P.SHAH NAVAS, ASSISTANT PROFESSOR (ORTHOPAEDICS) MEDICAL COLLEGE, TRIVANDRUM 7. DR.P.ASOKAN, ASSOCIATE PROFESSOR (ORTHOPAEDICS) MEDICAL COLLEGE TRICHUR ADV. SRI.S.ANANTHAKRISHNAN FOR R4 SRI.N.K.SUBRAMANIAN FOR R4 SRI.SHYAM PADMAN FOR R4 SRI.N.SUGATHAN FOR R6 SMT.VARSHA BHASKAR FOR R6 SRI.S.PRASANTH (AYYAPPANKAVU) FOR R6 SMT.K.S.SAIRA FOR R5 SRI.A.ANILKUMAR FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/10/2008, ALONG WITH WPC NO. 23395 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.18265/2008 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE ORDER NO.F2/24028/99/DM DT.19.1.2000. EXT.P2:- COPY OF THE REPRESENTATION DT. 17.2.2000. EXT.P3:- COPY OF THE G.O.(P) NO.155/2000/H&FWD DT. 22.6.2000. EXT.P4:- COPY OF THE LETTER NO.12597/B1/01/H&FWD DT. 17.4.2001. EXT.P5:- COPY OF THE GO(RT) NO.2795/2001/H&FWD DT. 29.10.01. EXT.P6:- COPY OF THE GO(P) NO.326/2008 /H & FWD DT. 28.4.2008. EXT.P7:- COPY OF THE REPRESENTATION DT. 19.5.2008. EXT.P8:- COPY OF THE GO(P) NO.2045/2008/H&FWD DT. 12.6.2008. /TRUE COPY/ P.A. TO JUDGE tss ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).Nos.18265/08 & 23395/08 ----------------------------------------------------------- Dated this the 7th day of October, 2008 JUDGMENT The claim of the petitioner in WP(c).No.18265/2008 is for inclusion in the select list prepared by the DPC for filling up the post of Asst. Professor(Orthopaedics) in the Medical Education Department. Ext.P3 in WP(c).No.18265/08 is the select list in which he was not included for the non- availability of his confidential records. Petitioner objected to the select list and filed a writ petition before this court as O.P.No.2844/2000. In that writ petition this court directed consideration of his objection and accordingly the matter was reconsidered. Finally Ext.P6 was issued by the first respondent, including the petitioner in the revised select list for 2000-01 at Sl.No.6. According to the petitioner, his rightful place was at Sl.No.4 and it is with that grievance the WP(c).No.18265/08 &anor. 2 writ petition was filed, after making Ext.P7 representation to the DPC. It is stated that, subsequently the first respondent examined the matter and directed that the matter be placed before the DPC for reviewing the case again(Ext.P3 in WP(c).No.23395/08). It was aggrieved by that positive direction that the WP(c).No.23395/08 was filed by the petitioner therein, who has also objected to Ext.P3, by filing Ext.P4. It is seen that by virtue of the interim order passed by this court on 6.8.2008, nothing further to Ext.P3 has take place. When these matters came up for orders today, the counsel for the petitioner in WP(c).No.18265/2008 has informed that he is due for retirement on 14.10.2008. If that be so, it is too late for the petitioner to claim to be included in the list for promotion as he originally wanted. All that is possible at this stage is to direct the 3rd respondent, the Departmental Promotion committee, to consider the claim of the petitioner in WP(c).No.18265/08 for including WP(c).No.18265/08 &anor. 3 him at Sl.No.4 of Ext.P6 Government Order dated 28.4.2008, taking into account Ext.P4 filed by the petitioner in WP(c).No.23395/2008. This shall be done in the next DPC meeting itself. Petitioner shall produce a copy of the judgment before the 3rd respondent for compliance. ANTONY DOMINIC JUDGE vi. WP(c).No.18265/08 &anor. 4