IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP.No. 29637 of 2001(C)
1. DR.V.P.SATHEESAN NAMBIAR
... Petitioner
Vs
1. PRL.SECRETARY TO GOVT.
... Respondent
For Petitioner :SRI.K.RAMAKUMAR (SR.)
For Respondent :SRI.T.M.CHANDRAN
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :11/11/2008
O R D E R
S.SIRI JAGAN, J
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O.P.No.29637 of 2001
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Dated this the 11th day of November, 2008.
J U D G M E N T
The petitioner is a Reader in the Vaidyaratna Ayurveda
College, the 2nd respondent herein, which is a college affiliated
to the University of Calicut. The petitioner was formerly
working as a Reader in the Salyasalakia department of the
college. By Ext.P1 order the Government sanctioned two posts
of Professors in Samhita & Sidhantha Department and another
in Swasthavritha Department of the college. According to the
petitioner, perceiving better opportunity for promotion as
Professor in Samhita & Sidhantha Department he opted to be
shifted to the Samhita and Sidhantha department, which option
was accepted by the management, by Ext.P2 order dated
10.4.2000. From then on the petitioner has been working as
Reader in Samhita and Sidhantha department. According to
the petitioner, the post of Professor in Samhita and Sidhantha
department sanctioned as per Ext.P1 order was never filled up.
In spite of the repeated representations by the petitioner, the
petitioner was not given promotion although the petitioner was
fully qualified for such promotion. Therefore the petitioner
O.P.No.29637 of 2001 – 2 –
filed Ext.P6 representation before the Secretary to the
Government of Kerala. In answer to that representation by
Ext.P7, the petitioner was informed that the petitioner’s
request was rejected as there is no post of Professor vacant in
the Samhitha and Sidhantha department in the 2nd
respondent’s college. The petitioner is challenging Ext.P7
order. The contention of the petitioner is that the statement in
Ext.P7 that there is no vacancy is clearly wrong in view of
Ext.P1 order. The petitioner therefore seeks the following
reliefs:
“a) To call for the records leading upto Exhibit P7
and quash the same by the issuance of a Writ of Certiorari
or any other appropriate writ, order or direction.
b) To issue a Writ of Mandamus commanding the
respondents to immediately promote the petitioner to the
post of Professor in Samhitha & Sidhantha in the college of
the second respondent in the existing vacancy of professor,
which is unfilled and lying vacant.”
2. The 2nd respondent and the additional 3rd respondent
have filed counter affidavits controverting the averments in the
original petition. According to them, the post of professor in
Samhitha & Sidhantha department sanctioned as per Ext.P1
was filled up by promoting the additional 3rd respondent as per
Ext.R3A order dated 1.2.1999, which was approved by the
University. Subsequently in tune with the directions of the
Central Council of Indian Medicine the 2nd respondent decided
O.P.No.29637 of 2001 – 3 –
to introduce 13 department system instead of the 7 department
system prevailing in the college. On introduction of the 13
department system, options were called for from all the
employees for choosing department of their choice if eligible.
It is pursuant there to that the petitioner opted for Samhitha &
Sidhantha department. At the same time the additional 3rd
respondent, who had be promoted to the post of Professor of
Samhitha & Sidhantha department sanctioned as per Ext.P1,
opted to be shifted to Prasoothitantra department as Professor
which was sanctioned by the college. However, later on, the
Government canceled the introduction of 13 department
system in the college, since the same was without sanction
from the Government. Therefore legally the 3rd respondent
now continues only as Professor of Samhitha & Sidhantha
department, is the contention raised. As such at present there
is no vacancy of Professor in Samhitha & Sidhantha
department. According to them, as and when the 13
department system is approved for the college, then if the 3rd
respondent opts for Prasoothithantra department and 6 more
posts of Professors are sanctioned, the petitioner can aspire for
promotion to the post of Professor of Samhitha & Sidhantha
department is the contention raised.
O.P.No.29637 of 2001 – 4 –
3. I have considered the rival contentions in detail.
4. Admittedly as on today, legally the 7 department
system is the one prevailing in the 2nd respondent college and
there are only seven sanctioned posts of Professors. One of the
sanctioned post is Professor of Samhitha & Sidhantha
department. That post is occupied by the 3rd respondent. The
petitioner has no case that the petitioner is entitled to be
promoted as Professor in preference to the additional 3rd
respondent. The additional 3rd respondent is presently holding
the post of Professor of Samhitha & Sidhantha. Since there is
only one post of Professor of Samhitha & Sidhantha, the
petitioner cannot aspire to be Professor of Samhitha &
Sidhantha department. As pointed out by the counsel for the
respondents 2 and 3 as and when 13 department system is
approved for the college and additional posts of professor are
sanctioned for each department, the petitioner can aspire for
further promotion as Professor. In the above circumstances, I
do not find any merit in this original petition and accordingly,
the same is dismissed.
S.SIRI JAGAN, JUDGE
rhs