IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 WP(C).No. 11599 of 2008(E) -------------------------- PETITIONER: ------------ DR.K.AMBIKA, LECTURER, DEPARTMENT OF KAYACHIKITSA AND PANCHAKARMA, GOVT. AYURVEDA COLLEGE, TRIVANDRUM. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI RESPONDENTS: ------------------ 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF AYURVEDA MEDICAL EDUCATION, TRIVANDRUM. BY GOVERNMENT PLEADER SRI. A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/04/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No. 11599 OF 2008 ---------------------------------------- Dated this the 4th day of April, 2008 JUDGMENT The petitioner is a Post Graduate in Panchakarma with requisite registration from the Medical Council. She is now working as Lecturer in the Department of Kayachitkitsa and Panchakarma. According to the petitioner, as per Rule 5 of Ext.P3 Special Rules, Post Graduation in the concerned subject is compulsory for appointment by promotion and transfer to posts in each Department. By Exts.P4 and P5, the Government has formed a new Department namely, Department of Panchakarma and posts have been created for appointments to which options have been called for from other Lecturers. The petitioner's contention is that although as per Ext.P3 Special Rules, only those having Post Graduation in Panchakarma can be accommodated in the Department of Panchakarma, Ext.P6 guidelines have been issued by the 2nd respondent inviting options based on seniority irrespective of qualification, which according to the petitioner is against the Special Rules. The W.P.(c)No.11599/08 2 petitioner filed Ext.P7 representation before the Government and Ext.P8 option before the 2nd respondent. The petitioner now seeks a direction to the 1st respondent Government to consider Ext.P7 and decide whether Ext.P6 is against the Special Rules and a direction to the Government to consider Ext.P8 option in accordance with the order to be passed on Ext.P7. 2. I have heard the learned Government pleader also. After hearing, I feel that in view of the averments made by the petitioner, the Government should pass orders on Ext.P7 representation in accordance with law and consider Ext.P8 thereafter in accordance with the order to passed on Ext.P7. Accordingly, the writ petition is disposed of with the following directions. The 1st respondent shall first consider Ext.P7 representation as expeditiously as possible, after affording an opportunity of being heard to the petitioner as well as other teachers, who are likely to be affected by any orders to be passed on Ext.P7 in favour of the petitioner within two months from the date of receipt of a copy of this judgment. Thereafter, the respondents shall process the option submitted W.P.(c)No.11599/08 3 by the petitioner as well as the others in accordance with the orders to be passed by the 1st respondent on Ext.P7. The entire process shall be completed within a period of three months from the date of receipt of a copy of this judgment. The petitioner shall forward a certified copy of this judgment along with a copy of the writ petition to the respondents for compliance. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.11599/08 4