IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1823 of 2008()
1. DR.D.KALPANA, ASSISTANT PROFESSOR OF
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE DIRECTOR OF MEDICAL EDUCATION,
3. DR.MARY IYPE, SENIOR LECTURER IN
For Petitioner :SRI.ELVIN PETER P.J.
For Respondent : No Appearance
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :03/09/2008
O R D E R
J.B.KOSHY & THOMAS P.JOSEPH, JJ.
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W.A.No.1823 OF 2008
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Dated 3rd September, 2008
JUDGMENT
Koshy,J.
The appellant/petitioner was a Lecturer in the Department of
Paediatrics in Medical College, Thiruvananthapuram. A vacancy of Assistant
Professor (Paediatrics Neurology) arose in the Medical College. Though the
third respondent was junior, she was promoted in 2002 as she had degree in
D.M (Neurology). The petitioner was not having the required qualification for
promotion at that time. Only later, in April, 2004, the petitioner became
qualified. Learned single Judge held that the third respondent was promoted
in 2002 correctly and her promotion cannot be set aside. It was also observed
that when third respondent was promoted as Associate Professor, if petitioner
wants she can opt for the same. It is submitted that the petitioner was also
later promoted as Assistant Professor and posted in the Paediatric Neurology
Department subsequently. We see no ground to interfere in the impugned
judgment.
The appeal is dismissed.
J.B.KOSHY
JUDGE
THOMAS P. JOSEPH
JUDGE
tks