IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 WP(C).No. 29056 of 2008(H) -------------------------- PETITIONER(S): --------------- DR.KOMALA RANI PROFESSOR, DEPARTMENT OF PLASTIC SURGERY MEDICAL COLLEGE, THIRUVANANTHAPURAM RESIDING AT 'SHALOM,MOSQUE LANE, KUMARAPURAM. BY ADV. SRI.M.SREEKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT HEALTH AND FAMILY WELFARE DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION THIRUVANANTHAPURAM. 3. DR.AJAYAKUMAR,PROFESSOR, DEPARTMENT OF PLASTIC SURGERY MEDICAL COLLEGE,KOTTAYAM. SMT.T.B.REMANI, GOVERNMENT PLEADER FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.29056/2008 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE ORDER G.O.(Rt.) NO.3113/2008/H&FWD DATED 17/09/2008. P2 : COPY OF THE ORDER G.O.(Rt.) NO.607/2008/H&FWD DATED 18/02/2008. P3 : COPY OF THE ORDER G.O.(Rt.) NO.1535/2008/H&FWD DATED 26/04/2008. P4 : COPY OF the JUDGMENT OF THIS HONOURABLE COURT IN WPC NO.6351/2008 DATED 28/05/2008. P5 : COPY OF the REPRESENTATION FILED BY THE PEITITONER BEFORE THE HONOURABLE MINIISTER FOR HEALTH & FAMILY WELFARE DEPARTMENT DATED 06/09/2008. P6 : COPY OF THE REPRESENTATION/APPEAL FILED BY the PETITIONER BEFORE THE 1ST RESPONDENT DATED 25/09/2008. P7 : COPY OF the ORDER OF THIS HONOURABLE COURT IN WPC NO.6351/2008 DATED 03/04/2008. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.29056 of 2008 --------------------------------- Dated, this the 6th day of November, 2008 J U D G M E N T The petitioner is working as Professor in the Department of Plastic Surgery at Medical College, Thiruvananthapuram. Earlier, by Ext.P2 order dated 18/02/08, she was transferred to Medical College, Kottayam and she challenged that order in WP(C) No.6351/2008. The allegation was that her transfer was only to accommodate the 3rd respondent on his promotion as Professor. Initially, this Court passed an interim order staying transfer of the petitioner. But, however, having regard to the administrative exigencies explained in the counter affidavit, stay was vacated with the direction that the post vacated by the petitioner shall not be filled up except by re-transfering her, by Ext.P7 order dated 03/04/2008. 2. According to the petitioner, since by Ext.P7, the proposal of the respondents to accommodate the 3rd respondent at Medical College, Thiruvananthapuram was WP(C) No.29056/2008 -2- frustrated, they issued Ext.P3 order dated 24/06/2008 canceling Ext.P2 order of transfer. It is stated that in view of Ext.P3, recording the same, the writ petition filed by the petitioner was closed as per Ext.P4 judgment. 3. Thereafter, the petitioner submits that in Ext.P3 order itself, while canceling her transfer, another Professor Dr.Saffia was transferred to Medical College, Kottayam and it was ordered to retain the 3rd respondent in the vacancy. This order was again challenged by Dr.Saffia by filing WP(C) No.14013/2008, and has been stayed by this Court. It is stated that, thereupon, left with no option, the 3rd respondent has been posted at Medical College, Kottayam. 4. It is stated that when all the endeavors in accommodating the 3rd respondent at Thiruvananthapuram failed, the respondents have now issued Ext.P1 order dated 17/09/2008 transferring the petitioner to Medical College, Kozhikkode. The sole motive behind Ext.P1 is to transfer the 3rd respondent from Kottayam to Thiruvananthapuram, in the post that is vacated by the petitioner. WP(C) No.29056/2008 -3- 5. A counter affidavit has been filed by the 1st respondent, Government, and they have explained the necessity of posting a person in the cadre of Professor in Plastic Surgery Department at Medical College, Kozhikkode. It is stated that going by the requirements of the Medical Council of India, and to maintain the recognition of M.Ch. Course at Medical College, Kozhikkode, it is necessary to have the petitioner in the Medical College, Kozhikkode. 6. If, as stated by the respondents, the transfer was necessitated due to the administrative exigencies, this Court will not be justified in interfering with the same and going by the counter affidavit, I have no reason to think otherwise. Therefore, the transfer ordered by Ext.P1 has to be sustained. At the same time, as already noticed, the specific allegation of the petitioner is that her transfer by Ext.P1 is only intended to bring the 3rd respondent from Kottayam to Thiruvananthapuram, and to accommodate him in the post vacated by her. In the counter affidavit, it is stated that there is no such proposal and that the WP(C) No.29056/2008 -4- respondents do not intend to do so. Therefore, that submission is recorded. 7. The learned counsel for the petitioner thereupon submits that soon a vacancy will arise at Medical College, Thiruvananthapuram, and that she should be ordered to be considered for that vacancy. As and when a vacancy arises at Medical College, Thiruvananthapuram, it is for the respondents to consider the relative claims of the candidates, who are eligible for the same. Therefore, it will be open to the petitioner to represent for accommodation against that vacancy, in which case, the 1st respondent shall consider the claim of the petitioner. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg