IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 WP(C).No. 12903 of 2011(K) -------------------------- PETITIONER: --------------- DR.K.K. MUBARAK, AGED 50, S/O.M.K. KUNHI MUHAMMED, PROFESSOR AND HEAD, DEPARTMENT OF ANESTHESIOLOGY, MEDICAL COLLEGE, THRISSUR. BY ADV. SMT.R.PADMAKUMARI RESPONDENT(S): ---------------------- 1. DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, THIRUVANANTAPURAM - 695 001. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT,THIRUVANANTHAPURAM - 695 001. 3. DR.K.T. RAMDAS, AGED 54, PROFESSOR AND HEAD, DEPARTMENT OF ANESTHESIOLOGY, MEDICAL COLLEGE, CALICUT - 8. 4. DR.S. HARIKRISHNAN, ASSOCIATE PROFESSOR, MEDICAL COLLEGE, THIRUVANANTHAPURAM. 5. DR.N.K. GEETHA, ASSOCIATE PROFESSOR, MEDICAL COLLEGE, THIRUVANANTHAPURAM. BY GOVT.PLEADER SMT.NISHA BOSE FOR R1 & R2 ADV. SRI.SHYAM PADMAN FOR R3 SRI A.RANJITH NARAYAN SRI.S.K.SAJU FOR R3 SMT.M.LISHA FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.12903/11 PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE TRANSFER ORDER DT.1.6.09. EXT.P2 : COPY OF THE TRANSFER ORDER DT.18.6.08. EXT.P3 : COPY OF THE NOTIFICATION OF TRANSFER ISSUED BY THE 1ST RESPONDENT. EXT.P4 : COPY OF THE DRAFT PROPOSAL FOR TRANSFER AND POSTINGS-2011 EXT.P5 : COPY OF THE COMPLAINT DT.4.2.11 FILED BY THE PETITIONER. EXT.P6 : COPY OF THE G.O. DT.2.2.11 ISSUED BY THE 2ND RESPONDENT. EXT.P7 : COPY OF THE REQUEST DT.7.2.11 FILED BY THE PETITIONER. EXT.P8 : COPY OF THE COMMUNICATION DT.24.2.11 SENT BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT. EXT.P9 : COPY OF THE REQUEST DT.1.4.11 FILED BY THE PETITIONER. EXT.P10 : COPY OF THE GENERAL TRANSFER ORDER DT.25.4.11. EXT.P11 : COPY OF THE REQUEST DT.26.4.11 FILED BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R3(A): COPY OF THE JUDGMENT DT.1.4.11 IN W.P.(C)No.10479/11 EXT.R3(B): COPY OF THE LETTER DT.25.4.11 ISSUED TO THE 1ST RESPONDENT. EXT.R3(C): COPY OF THE FORWARDING LETTER ISSUED BY THE PRINCIPAL, MEDICAL COLLEGE, KOZHIKODE DT.28.4.11. EXT.R3(D): COPY OF THE REPRESENTATION DT.16.3.2011 SUBMITTED BEFORE THE 1ST RESPONDENT. //TRUE COPY// P.A. TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.12903 Of 2011-K -------------------------------------------------- DATED THIS THE 12TH DAY OF JULY, 2011 J U D G M E N T In this Writ Petition, the petitioner seeks for various reliefs including a direction to the 2nd respondent to transfer the petitioner from Medical College, Thrissur to Medical College, Kozhikode. 2. The 3rd respondent is now working as Professor and Head of the Department of Anesthesiology, in the Medical Kozhikode. The petitioner is presently working in the same capacity in the Medical College, Thrissur. The case of the petitioner is that the petitioner has filed an application for transfer showing the station as Kozhikode and in the proposal published by the Department as per Exhibit P4 against the name of the petitioner what is mentioned is that “No qualifying outstanding service. No open vacancy.” 3. The learned counsel for the 3rd respondent points out that the 3rd respondent had approached this Court earlier by filing W.P.(C)No.10479/11 apprehending transfer to W.P.(C)No.12903/11 -2- accommodate the petitioner herein. This Court by Exhibit R3(a) judgment directed the Director of Medical Education to consider the objection raised by the petitioner therein as per Exhibit P5 produced therein before finalising the general transfer, if any, in respect of the post of Professor and Head of the Department of Anesthesiology. 4. The learned counsel for the petitioner submitted that so far as other posts like Assistant Professor and Associate Professor are concerned, an order of transfer has been issued, a copy of which has been produced as Exhibit P10 and in the post of Professor and Head of the Department of Anesthesiology, no decision has been taken yet and that is why this Writ Petition has been filed. 5. Whether the transfer has to be made or not is to be decided by the appointing authority, namely, the 1st respondent herein. Already, this Court has issued a direction as per Exhibit R3(a) judgment to consider the objection filed by the 3rd respondent herein who was the petitioner therein in the event of any transfer is contemplated, namely to the post of Professor and Head of the Department of Anesthesiology. Therefore, in the W.P.(C)No.12903/11 -3- light of the said direction, if at all a proposal is there for considering the transfer in the post of Professor and Head of the Department of Anesthesiology, the same will be considered in the light of the direction already issued by this Court in Exhibit R3(a) judgment and competing claims of the parties will be considered in terms of the guidelines in the matter. The Writ Petition is accordingly disposed of. SD/- (T.R.RAMACHANDRAN NAIR, JUDGE) dsn