IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 WP(C).No. 20600 of 2010(Y) -------------------------- PETITIONERS: --------------- 1. DR.SURESH KUMAR.J, ASSISTANT PROFESSOR, DEPARTMENT OF CARDIOTHORACIC SURGERY, MEDICAL COLLEGE HOSPITAL,THIRUVANANTHAPURAM. 2. DR.A.SHAFEEK,ASSISTANT PROFESSOR, DEPARTMENT OF CARDIOTHORACIC SURGERY, MEDICAL COLLEGE HOSPITAL,THIRUVANANTHAPURAM. 3. DR.MANU.M.K, ASSISTANT PROFESSOR, DEPARTMENT OF UROLOGY, T.D.MEDICAL COLLEGE, ALAPPUZHA. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.MATHEW SUNNY SRI.ANOOP.V.NAIR RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY THE PRINCIPAL SECRETARY, HEALTH & FAMILY WELFARE(S) DEPAPRTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-01. 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER, SRI. DILIP MOHAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. ``````````````````````````````````````````````````````` W.P.(C) No. 20600 of 2010 Y ``````````````````````````````````````````````````````` Dated this the 2nd day of July, 2010 J U D G M E N T The petitioners are working as Assistant Professors in different departments in different Medical Colleges. As per Ext.P1 Government Order, Government revised the pay and allowances of teachers in Medical Colleges and Dental Colleges. It also contains a provision for career advancement. As per the same, Senior Lecturer was made the entry post and the qualification of Post Graduate degree was prescribed for appointment to the said post in consonance with the Medical Council of India Regulations, 1998. Certain persons, who did not possess the P.G. degree at the time of their initial appointment, challenged Ext.P1 order before this Court in O.P.No.32750/2001 and connected cases. The present grievance of the petitioner is that subsequently, the Government have issued Ext.P2 Government Order dated 14-12-2009 and Ext.P3 Government Order dated 03-04-2010, whereby the prescription of qualifications and experience originally prescribed as per Ext.P1 was modified. The contention of the petitioner is that there is patent anomaly in the said Government Orders inasmuch as the deviation from Ext.P1 Government Order was in conflict with the Medical Council of India 2 W.P.(C) No. 20600 of 2010 Regulations, 1998. In short, the contention of the petitioners is that the issue requires a serious consideration and, therefore, against Exts.P2 and P3, they have filed Ext.P4 representation, before the first respondent. In the writ petition, the petitioners have explained in detail the consequences and adverse impacts of the deviation from Ext.P1 made as per Exts.P2 and P3 and contended that in the light of the Medical Council of India Regulations 1998, Exts.P2 and P3 cannot be sustained. I am of the view that those are matters which require consideration by the first respondent. Since the petitioners have already approached the first respondent through Ext.P4 representation, without making any observation as to the merits of the contentions raised in this writ petition, it is disposed of with a direction to the first respondent to consider and pass orders on Ext.P4 representation, expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment. C.T.RAVIKUMAR, JUDGE rkc