High Court of KeralaDivision BenchOP(CAT) No.255/2019 dismissed; OP(CAT) Nos.204/...

OP (CAT) Nos. 204, 205 and 255 of 2019 – Dr. Sajith Sukumaran v. Sree Chitra Tirunal Institute for Medical Sciences & Technology and ors.

Case / Petition Number:OP (CAT) No.204/2019; OP (CAT) No.205/2019; OP (CAT) No.255/2019

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Alexander Thomas
  • K. Babu
Judgment Date
2021-03-29
Court Decision / Holding
The High Court held that the Tribunal’s impugned directions directing expunging uncommunicated adverse ACR entries were justified and remitted the applicant’s case to SCTIMST for fresh consideration of promotion to Professor in Neurology for the 2017 selection year, without relying on the earlier adverse entries. O.P. No.255/2019 filed by the Institute was dismissed. The orders directed that the 204/2019 and 205/2019 petitions be disposed of in light of the remand, with a requirement to complete the reconsideration within two to three months, and preferably within two months from certified copy of the judgment. The court noted SCTIMST’s new stand and directed the relevant bodies to proceed accordingly, ensuring due process and lawful consideration.
Final Disposition
OP(CAT) No.255/2019 dismissed; OP(CAT) Nos.204/2019 and 205/2019 disposed of in terms: remand to SCTIMST for fresh consideration of the 2017 promotion without relying on the uncommunicated adverse entries, with completion within three months; impugned tribunal directions modified accordingly.

Parties to the Case

Appellants / Petitioners

  • Dr. Sajith Sukumaran

Respondents

  • Sree Chitra Tirunal Institute for Medical Sciences & Technology, Thiruvananthapuram
  • Director, Sree Chitra Tirunal Institute for Medical Sciences & Technology, Thiruvananthapuram
  • Dr. Asha Kishore, Director, SCTIMST

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri Elvin Peter P.J.
  • • Sri K.R. Ganesh

Counsels for Respondents

  • • Sri M.R. Hariraj
  • • Sri V. Sajith Kumar

Case Synopsis & Summary

This batch of petitions, filed under OP (CAT) Nos. 204, 205, and 255 of 2019 in the Kerala High Court, challenge the Central Administrative Tribunal’s orders in OA Nos. 1020/2018 and 1021/2018. The applicant, Dr. Sajith Sukumaran, a senior neurologist, contends that uncommunicated adverse entries in his ACR, made by the then Director of SCTIMST, improperly affected his promotion prospects to Professor of Neurology for the 2017 selection year. The Tribunal directed that these uncommunicated adverse entries be expunged and not acted upon, and issued directions regarding the promotion matter. The respondents in OA 1021/2018 challenged these directions by filing OPs. The High Court ultimately holds that the Tribunal’s directions were justified, relying on Supreme Court dicta in Dev Dutt, Sukhdev Singh, and Pankaj Prakash that fairness and proper consideration require accountability for communicated records and avoidance of mala fide or uncommunicated actions affecting promotions. In light of a new statement by SCTIMST on 18-03-2021 offering a fresh look within the bounds of law, the Court remits the petitioner’s case for fresh consideration by the Selection Committee for the 2017 promotion, excluding the quashed adverse entries. The petition for the year 2017 is thus revived for reconsideration while the related challenge to Ext.P3 is treated as disposed of in terms set out in the judgment.

Provisions of Law Cited

Right to Information Act

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicants argued that the Central Administrative Tribunal correctly expunged uncommunicated adverse entries in the applicant’s ACR and that the promotion process for 2017 must be reconsidered free from malafide entries. They relied on Apex Court dicta in Dev Dutt, Sukhdev Singh and Pankaj Prakash to assert that fairness, proper communication, and absence of mala fides are essential to promotion considerations, and urged quashing of Ext.P3 and restoration of relievable OA relief, including a fresh promotion inquiry for 2017 and recovery of costs where appropriate.

Contentions of Respondents

The respondents contended that Ext.P3 and the Tribunal’s directions were not unjustified and that the Institute’s new stand to reconsider the petitioner's grievance should be examined within legal bounds. They argued for upholding the Tribunal’s approach and maintaining that promotion should be decided by the Selection Committee after proper communication and record evaluation, consistent with the Institute’s procedures and without prejudice to the final outcome of the OAs.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
Dev Dutt v. Union of India2008 (8) SCC 725PositiveCited as a guiding principle for fairness and communication in disciplinary/promotional records; used to support expunction of uncommunicated negative entries.
Sukhdev Singh v. Union Of India2013 (9) SCC 566PositiveCited for the necessity of fair dealing and procedural safeguards in entries affecting promotions; supports the Tribunal’s approach.
Pankaj Prakash v. United India Insurance Co. Ltd. & OrsCivil Appeal No.5340-5341 of 2019PositiveCited as reinforcing the apex court direction regarding fairness and legality of promotion-related processes, consistent with the Court’s reasoning here.

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Extracted Judgment Text

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**IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** # **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **&** **THE HONOURABLE MR.JUSTICE K. BABU** **MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943** ## **OP (CAT).No.204 OF 2019** **AGAINST THE ORDER/JUDGMENT IN OA 1020/2018 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH** ## **PETITIONER:** **DR.SAJITH SUKUMARAN, AGED 45 YEARS S/O. SUKUMARAN N, RESIDING AT TC NO. 5/2712(3), CRA A 64(C), THEJUS , SREEKARYAM P.O, THIRUVANANTHAPURAM PIN 695 017 PRESENTLY WORKING AS ADDITIONAL PROFESSOR, DEPARTMENT OF NEUROLOGY, SREE CHITRA TIRURNAL INSTITUTE FOR MEDICAL SCIENCES AND TECHNOLOGY, THIRUVANANTHAPURAM 695 011** **BY ADVS. SRI.ELVIN PETER P.J. SRI.K.R.GANESH** ## **RESPONDENTS/RESPONDENTS IN O.A:** **1 SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES AND TECHNOLOGY, THIRUVANANTHAPURAM 695 011, REPRESENTED BY ITS DIRECTOR 2 DIRECTOR, SREE CHITRA TIRUNAL INSTITUTE OF MEDICAL SCIENCES AND TECHNOLOGY, THIRUVANANTHAPURAM 695 011 3 DR. ASHA KISHORE, DIRECTOR, SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES AND TECHNOLOGY, THIRUVANANTHAPURAM 695 011** **R1-2 BY ADV. SRI.M.R.HARIRAJ R1-2 BY ADV. SHRI.V.SAJITH KUMAR, SC, SCTIMST** **THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 29.03.2021, ALONG WITH OP (CAT).205/2019, OP (CAT).255/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** O.P(CAT) No.204, 205 & 255/2019 2 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** ## **&** **THE HONOURABLE MR.JUSTICE K. BABU** **MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943** ## **OP (CAT).No.205 OF 2019** **AGAINST THE ORDER/JUDGMENT IN OA 1021/2018 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH** ## **PETITIONER:** **DR. SAJITH SUKUMARAN AGED 45 YEARS S/O.SUKUMARAN N., RESIDING AT TC NO.5/2712(3), CRA A64(C), THEJUS, SREEKARYAM PO, THIRUVANANTHAPURAM, PIN-695017, PRESENTLY WORKING AS ADDITIONAL PROFESSOR, DEPARTMENT OF NEUROLOGY, SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES AND TECHNOLOGY, THIRUVANANTHAPURAM-695011.** **BY ADVS. SRI.ELVIN PETER P.J. SRI.K.R.GANESH** ## **RESPONDENTS/RESPONDENTS IN O.A:** **1 SREE CHITRA TIRUNAL INSTITUE FOR MEDICAL SCIENCES AND TECHNOLOGY THIRUVANANTHAPURAM-695011, REPRESENTED BY ITS DIRECTOR.** **2 DIRECTOR, SREE CHITRA TIRUNAL INSTITUE FOR MEDICAL SCIENCES AND TECHNOLOGY, THIRUVANANTHAPURAM-695011.** O.P(CAT) No.204, 205 & 255/2019 3 **3 DR.ASHA KISHORE, DIRECTOR, SREE CHITRA TIRUNAL INSTITUE FOR MEDICAL SCIENCES AND TECHNOLOGY, THIRUVANANTHAPURAM-695011.** **R1-3 BY ADV. SRI.M.R.HARIRAJ** **R1-2 BY ADV. SHRI.V.SAJITH KUMAR, SC, SCTIMST** **THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 29.03.2021, ALONG WITH OP (CAT).204/2019, OP (CAT).255/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** O.P(CAT) No.204, 205 & 255/2019 4 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** ## **&** **THE HONOURABLE MR.JUSTICE K. BABU** **MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943** **OP (CAT).No.255 OF 2019** **AGAINST THE ORDER/JUDGMENT IN OA 1021/2018 OF KERALA ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONERS:** **1 SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES AND TECHNOLOGY MEDICAL COLLGE.P.O., THIRUVANANTHAPURAM 695011, REPRESENTED BY ITS DIRECTOR** **2 DIRECTOR, SREE CHITRA TRIBUNAL INSTITUTE FOR MEDICAL SCIENCE AND TECHNOLOGY, THIRUVANANTHAPURAM 695011** **BY ADVS. SRI.M.R.HARIRAJ SHRI.V.SAJITH KUMAR, SC, SCTIMST** ## **RESPONDENT:** **DR.SAJITH SUKUMARAN AGED 45 YEARS S/O.SUKUMARAN N., RESIDING AT TC NO.5/2712(3), CRA A 64(C), THEJUS, SREEKARYAM.P.O., THIRUVANANTHAPURAM, 695017, PRESENTLY WORKING AS ADDITIONAL PROFESSOR, DEPARTMENT OF NEUROLOGY, SREE CHITRA INSTITUTE FOR MEDICAL SCIENCE AND TECHNOLOGY, THIRUVANANTHAPURAM 695011.** O.P(CAT) No.204, 205 & 255/2019 5 **R1 BY ADV. SRI.ELVIN PETER P.J. R1 BY ADV. SRI.K.R.GANESH** **THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 29.03.2021, ALONG WITH OP (CAT).204/2019, OP (CAT).205/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** O.P(CAT) No.204, 205 & 255/2019 6 ## **ALEXANDER THOMAS & K.BABU, JJ.** ------------------------------------ ## **O.P(CAT) No.204 of 2019** ( _Arising out of the order dated 05-08-2019 in O.A No.1020 of 2018 of CAT, Ekm Bench_ ) ## **O.P(CAT) No.205 of 2019** ( _Arising out of the order dated 05-08-2019 in O.A No.1021 of 2018 of CAT, Ekm Bench_ ) ## **&** ## **O.P(CAT) No.255 of 2019** ( _Arising out of the order dated 05-08-2019 in O.A No.1021 of 2018 of CAT, Ekm Bench_ ) ------------------------------------ Dated this the 29[th] day of March, 2021 ## **JUDGMENT** ## **ALEXANDER THOMAS, J.** The prayers in O.P(CAT) No.205/2019 (filed by the applicant in O.A No.1021/2018 on the file of CAT, Ernakulam Bench) are as follows (See page No.8 of the paper book of that O.P): _“(i) Call for the records leading to the issuance of Ext.P3 order, and quash the same to the extent it failed to consider the issue of bias and prejudice of the 3[rd] respondent and the falsity of the entries made therein._ _(ii) Allow relief No.ii in Ext.P1 O.A. (iii) Grant such other and incidental reliefs as this Hon'ble Court may deem just and necessary on the facts and circumstances of this case in the interest of justice; and (iv) Award the petitioner the cost of this original petition.”_ ## 2. The prayers in O.P(CAT) No.255/2019 (filed by the respondents in the abovesaid O.A No.1021/2018 on the file of CAT, O.P(CAT) No.204, 205 & 255/2019 7 Ernakulam Bench) are as follows (See page No.19 of the paper book of that O.P): _“(i) Call for the records of the case leading upto Ext.P3 order of the Hon'ble Central Administrative Tribunal, Ernakulam and to set aside the same by the issuance of writ of certiorari or such other writ order or direction. (ii) Grant such other reliefs as may be prayer for and which this Hon'ble Court deems fit in the circumstances of the case.”_ 3. The prayers in O.P(CAT) No.204/2019 (filed by the applicant in O.A No.1020/2018 on the file of CAT, Ernakulam Bench) are as follows (See page No.13 of the paper book of that O.P): _“(i) Call for the records leading to the issuance of Ext.P3 order, and quash the same._ _(ii) Allow Ext.P1 O.A. (iii) Grant such other and incidental reliefs as this Hon'ble Court may deem just and necessary on the facts and circumstances of this case in the interest of justice; and (iv) Award the petitioner the cost of this original petition.”_ 4. Heard Sri.P.J.Elvin Peter, learned counsel appearing for the petitioners in O.P(CAT) No.204 & 205 of 2019, Sri.V.Sajith Kumar, learned Standing Counsel for the Sree Chithra Institute for Medical Sciences & Technology appearing for the petitioner in O.P (CAT) No.255/2019 as well as the official respondents in the other two original petitions. 5. The gist of the directions given by the Tribunal in O.A No.1021/2018 is that, the adverse entries made by the then Director O.P(CAT) No.204, 205 & 255/2019 8 of the above Institute, in her capacity of the reviewing authority in the ACR of the original applicant, is illegal and improper, inasmuch as it was not communicated to the applicant and therefore the said adverse entries made by the Reviewing Authority which had effected adversely downgrading the entries made by the original reporting officer in the ACR, was directed to be expunged and not acted upon. The basis of the directions issued by the Tribunal is on the basis of the dictum laid down by the Apex Court in various decisions as in _**Dev Dutt v.Union of India**_ [2008 (8) SCC 725] **,** _**Sukhdev Singh v. Union Of India**_ [2013 (9) SCC 566], as well as the judgment dated 10-07-2019 of the Apex Court in the case in _**Pankaj Prakash v. United India Insurance Co.Ltd & Ors.**_ [Civil Appeal No.5340-5341 of 2019 [arising out of SLP(C) No.33462-33463 of 2018, etc]. The respondents in the O.A (Sree Chithra Tirunal Institute for Medical Sciences & Technology) has filed the abovesaid O.P(CAT) No.255/2019 for seeking to challenge the said verdict of the Tribunal in O.A No.1021/2018. 6. After hearing both sides, we are of the considered view that the Tribunal was perfectly justified in issuing the impugned directions as per the final order dated 05-08-2019 in O.A O.P(CAT) No.204, 205 & 255/2019 9 No.1021/2018, whereby the uncommunicated adverse entries which made on the instance of the reviewing authority was directed to be expunged. We find no grounds whatsoever to disturb the said well considered verdict of the Tribunal in that regard and hence it is only to be held that the prayers in O.P(CAT) No.255/2018 are only liable to be rejected. 7. Now the case of the applicant in O.A No.1021/2018 is that, he had also made specific averments and grounds in the said O.A No.1021/2018 that the then Director of the Institute had not only rendered the uncommunicated adverse entries in the ACR of the applicant, but also that on account of _malafide_ action that his promotion to the post of Professor in Neurology for the selection year 2017 was denied. That no findings have been made by the Tribunal in the verdict in O.A No.1021/2018 as regard the said specific averments and contentions raised by the applicant in O.A No.1021/2018. Further that the abovesaid applicant had also filed a separate original application as O.A No.1020/2018 before the Tribunal, which has also been disposed of on the same day (05-08-2019, whereby it has been found that the allegations of _malafides_ made by the said applicant against the then Director are O.P(CAT) No.204, 205 & 255/2019 10 bereft of merit, etc and accordingly, the said O.A No.1020/2018 has been dismissed by the Tribunal on 05-08-2019. That the abovesaid O.P(CAT) No.204/2019 has also been filed by the original applicant so as to challenge the said verdict of the Tribunal in O.A No.1020/2018 in as far as the Tribunal has not rightly considered the abovesaid pleas of the petitioner of _malafides_ of the Director and inasmuch as the prayer for quashment of the two orders impugned therein in the said O.A No.1020/2018 has not been granted by the said Tribunal. 8. After hearing both sides and in view of the latest stand now taken by the Sree Chithra Tirunal Institute for Medical Sciences & Technology has reflected in the latest statement dated 18-03-2021 filed by the said Institute in O.P(CAT) No.204/2019, it may not be necessary for us to adjudicate on those issues and the matter could be remitted to the competent authority of the Sree Chithra Tirunal Institute for Medical Sciences & Technology to consider afresh the case of petitioner for promotion as Professor in Neurology for the selection year 2017. In that regard, it may be relevant to advert to the contents of para No.5 on page No.2 of the statement dated 18-03-2021 filed by respondents 1 & 2 in O.P(CAT) No.204/2019, O.P(CAT) No.204, 205 & 255/2019 11 ## which reads as follows: _“As a matter of fact, the present administration has settled the grievances of the academic and non-academic employees of the Institute to the extent possible within the bounds of law. It is highly necessary that the grievances of the petitioner herein are also given a fresh look in accordance with law. In case it is legally permissible, the institute will reconsider the claim of the petitioner herein as well.”_ 9. Sri.V.Sajith Kumar, learned Standing Counsel for the Sree Chithra Tirunal Institute for Medical Sciences & Technology appearing for the said party in these petitions would submit that, this Court may pass appropriate orders in accordance with law, in these cases, in the light of the abovesaid new stand taken by the Institute. 10. Accordingly, it is ordered that the refusal on the part of the Selection Committee of the respondent Sree Chithra Tirunal Institute for Medical Sciences & Technology to consider the claim of the applicant and consequential decisions of the Institute in rejecting the claim of the petitioner for promotion to the post of Professor in Neurology for the selection year 2017 will stand set aside and quashed and the matter will stand remitted to the Selection Committee of the Institute for consideration of the claim of the petitioner for promotion to the post of Professor in Neurology for the selection year 2017 afresh and without in any manner relying on the adverse entries made by the then Director of Institute in the ACR of O.P(CAT) No.204, 205 & 255/2019 12 the petitioner, which has already been quashed by the Tribunal in the abovesaid orders and which has been upheld by us now and in accordance with all other relevant aspects of the matter and in accordance with law. The consideration of the petitioner for promotion to the post of Professor in Neurology for the selection year 2017, shall be duly completed by the Selection Committee concerned as well as the Institute without much delay, preferably within a period of two months, at any rate, within an outer time limit of three months from the date of production of a certified copy of this judgment. The impugned orders and directions of the Tribunal will stand modified as above. With these observations and directions, it is ordered that O.P(CAT) No.255/2019 filed by the Institute will stand dismissed and O.P(CAT) Nos.204/2019 & 205/2019 will stand disposed of as above. Sd/- **ALEXANDER THOMAS, JUDGE** Sd/- **K.BABU, JUDGE** KAS O.P(CAT) No.204, 205 & 255/2019 13 ## **APPENDIX OF OP (CAT) 204/2019** ## **PETITIONER'S/S EXHIBITS:** ## **EXHIBIT P1** **TRUE COPY OF THE O.A FILED BY THE APPLICANT BEFORE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM AS O.A NO. 1020/2018** **EXHIBIT P1 (A1)** **TRUE COPY OF THE NOTIFICATION DATED 0112-2017 ISSUED BY THE 1ST RESPONDENT** - **EXHIBIT P1 (A2)** **TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER** **EXHIBIT P1(A3) TRUE COPY OF THE ORDER IMPLEMENTING DR. SURESH NAIR COMMITTEE REPORT DATED 0104-2014 ALONG WITH THE RELEVANT EXTRACTS** - **EXHIBIT P1 A4 TRUE COPY OF THE REPORT OF THE INTERNAL SCREENING COMMITTEE SHOWING THE POINTS AND THE GRADATION OF THE PETITIONER FOR THE PROMOTION TO THE POST OF PROFESSOR.** - **EXHIBIT P1 A5 TRUE COPY OF THE COVERING LETTER ADDRESSED TO THE 2ND RESPONDENT DATED 23-02-2018** - **EXHIBIT P1 A6 TRUE COPY OF THE ACCEPTANCE FORM BY TAMIL NADU DOCTOR MGR MEDICAL UNIVERSITY TO BE AN EXTERNAL EXAMINER.** - **EXHIBIT P1 A7 TRUE COPY OF THE DETAILS OF THE PUBLICATIONS OF THE PETITIONER DURING THE RESIDENCY PERIOD 2013- TO 2017** - **EXHIBIT P1 A8 TRUE COPY OF THE FIRST PAGE OF ARTICLE PUBLISHED IN ACTA NEUROLOGICAL SCANDINAVIA ENTITLED IMPACT OF OBSTRUCTIVE SLEEP APNEA ON NEUROLOGICAL RECOVERY AFTER ISCHEMIC STROKE: A PROSPECTIVE STUDY 2017** O.P(CAT) No.204, 205 & 255/2019 14 **EXHIBIT P1 A9 TRUE COPY OF THE FIRST PAGE OF THE ARTICLE IN WORLD NEUROSUGERY ENTITLED DWELL TIME OF STENTRIEVER INFLUENCES COMPLETE REVASCULARISATION AND FIRST PASS TICI 3 REVASCULARIZATION IN ACUTE LARGE VESSEL OCCLUSIVE STROKE** **EXHIBIT P1 A10 TRUE COPY OF THE FIRST PAGE OF THE ARTICLE PUBLISHED IN JOURNAL OF NEUROLOGICAL SCIENCES ENTITLED EFFECTIVESS OF SPEECH LANGUAGE THERAPY EITHER ALONE OR WITH ADD ON COMPUTER BASED LANGUAGE THERAPY SOFTWARE (MALAYALAM VERSION) FOR EARLY POST STROKE APHASIA A FEASIBILITY STUDY EXHIBIT P1 A11 TRUE COPY OF THE FIRST PAGE OF THE ARTICLE PUBLISHED IN JOURNAL OF NEUROLOGICAL SCIENCES ON MO MOYAMOYA DISEASE A COMPARISON OF LONG TERM OUTCOME OF CONSERVATION AND SURGICAL TREATMENT IN INDIA EXHIBIT P1 A12 TRUE COPY OF THE RELEVANT EXTRACTS OF THE BOOK ENTITLED PERCUTANEOUS MITRAL; VALVOTOMY COMPILED BY HARIKRISHNAN S (CHAPTER 31 ON NEUROLOGICAL COMPLICATIONS RELATED TO PERCUTANEOUS MITRAL VALVOTOMY AUTHORED BY THE PETITIONER. EXHIBIT P1 A 13 TRUE COPY OF THE RELEVANT PAGEs OF THE ARTICLE PUBLISHED IN NEUROLOGY INDIA ENTITLED ANTISYNTHETASE SYNDROME WITH STORKE'S EXHIBIT P1 A14 TRUE COPY OF THE RELEVANT PAGES OF THE ARTICLE PUBLISHED IN NEUROLOGY INDIA ENTITLED DIFFUSION RESTRICTION IN FULMINANT SUBACUTE SCLEROSING PANENCEPHALITIS REPORT OF AN UNUSUAL FINDING EXHIBIT P1 A15 TRUE COPY OF THE ANNUAL CONFIDENTIAL REPORT OF THE APPLICANT** O.P(CAT) No.204, 205 & 255/2019 15 ## **EXHIBIT P1 A16** **TRUE COPY OF THE ORDER DATED 05-06-2018 IN O.A NO 975/2017 ISSUED BY THIS HON'BLE TRIBUNAL** - **EXHIBIT P1 A 17 TRUE COPY OF THE EVALUATION SHEET GIVEN BY THE 1ST MEMBER OF THE SENIOR STAFF SELECTION COMMITTEE** - **EXHIBIT P1 A 18 TRUE COPY OF THE EVALUATION SHEET GIVEN BY THE 2ND MEMBER OF THE SENIOR STAFF SELECTION COMMITTEE** - **EXHIBIT P1 A 19 TRUE COPY OF THE EVALUATION SHEET GIVEN BY THE 3RD MEMBER OF THE SENIOR STAFF SELECTION COMMITTEE** - **EXHIBIT P1 A 20 TRUE COPY OF THE EVALUATION SHEET GIVEN BY THE 4TH MEMBER OF THE SENIOR STAFF SELECTION COMMITTEE** - **EXHIBIT P1 A22 TRUE COPY OF THE EVALUATION SHEET GIVEN BY THE 6TH MEMBER OF THE SENIOR STAFF SELECTION COMMITTEE** - **EXHIBIT P 1 A 23 TRUE COPY OF THE LETTER DATED 18-092018 ISSUED BY THE 2ND RESPONDENT** - **EXHIBIT P1 A 24 TRUE COPY OF THE APPEAL DATED 05-102018 PREFERRED BY THE APPLICANT BEFORE THE GOVERNING BODY OF THE 1ST RESPONDENT INSTITUTION** - **EXHIBIT P1 A 25 TRUE COPY OF THE RELEVANT EXTRACTS OF THE MINUTES OF THE 103RD MEETING OF THE GOVERNING BODY OF THE 1ST RESPONDENT INSTITUTE DATED 15-10-2018** - **EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS TO EXTS P1 OA** **EXHIBIT P3 TRUE COPY OF THE ORDER DATED 05-08-2019 IN OA NO. 1020/2019 ON THE FILES OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH** 16 O.P(CAT) No.204, 205 & 255/2019 **EXHIBIT P4 TRUE COPY OF THE ORDER DATED 05-08-2019 IN OA NO. 1021/2019 ON THE FILES OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH** O.P(CAT) No.204, 205 & 255/2019 17 ## **APPENDIX OF OP (CAT) 205/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE O.A.FILED BY THE APPLICANT BEFORE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM AS O.A.NO.1021/2018.** **EXHIBIT P1(A1) TRUE COPY OF THE ACR OF THE PETITIONER ALONG WITH EXT.P1 OA.** **EXHIBIT P1(A2) TRUE COPY OF THE REPLY FURNISHED BY THE PUBLIC INFORMATION OFFICER DATED 06.10.2018, ALONG WITH EXT.P1 OA.** **EXHIBIT P1(A3) TRUE COPY OF THE ORDER DATED 11.12.2018 ISSUED BY THE FIRST APPELLATE AUTHORITY UNDER RIGHT TO INFORMATION ACT, ALONG WITH EXT.P1 OA** **EXHIBIT P1(A4) TRUE COPY OF THE DETAILS OF PROJECT ENTITLED , 'EFFICACY OF THETA BURST STIMULATION AND FUNCTIONAL ELECTRICAL STIMULATION AS COMPARED TO CONVENTIONAL PHYSIOTHERAPY IN STROKE REHABILITATION : A RANDOMIZED CONTROL TRIAL (WHICH IS PROJECT NO.5259 OF 1ST RESPONDENT INSTITUTION, ALONG WITH EXT. P1 OA.** **EXHIBIT P1(A5) TRUE COPY OF THE DETAILS OF PROJECT ENTITLED DEVELOPMENT OF COMPUTER BASED LANGUAGE THERAPY SOFTWARE (MALAYALAM VERSION) FOR POST STROKE PATIENTS WITH APHASIA AND FINDING ITS EFFICACY COMPARED TO CONVENTIONAL SPEECH THERAPY (WHICH IS PROJECT NO.5271 OF 1ST RESPONDENT INSTITUTION, ALONG WITH EXT.P1 OA.** **EXHIBIT P1(A6) TRUE COPY OF THE DETAILS OF THE PUBLICATIONS OF THE PETITIONER DURING THE RESIDENCY PERIOD 2013 TO 2017, ALONG WITH EXT.P1 OA.** O.P(CAT) No.204, 205 & 255/2019 18 |**EXHIBIT P1(A7)**|**TRUE COPY OF THE FIRST PAGE OF ARTICLE**| |---|---| ||**PUBLISHED IN 'ACTA NEUROLOGICA**| ||**SCANDINAVICA' ENTITLED IMPACT OF**| ||**OBSTRUCTION SLEEP APNEA ON NEUROLOGICAL**| ||**RECOVERY AFTER ISCHEMIC STROKE : A**| ||**PROSPECTIVE STUDY (2017), WHERE THE**| ||**PETITIONER IS THE CORRESPONDING AUTHOR,**| ||**ALONG WITH EXT.P1 OA.**| |**EXHIBIT P1(A8)**|**TRUE COPY OF THE FIRST PAGE OF THE**| ||**ARTICLE IN WORLD NEUROSURGERY, ENTITLED**| ||**"DWELL TIME OF STENTRIEVER INFLUENCES**| ||**COMPLETE REVASCULARISATION AND FIRST**| ||**PASS TICI 3 REVASCULARIZATION IN ACUTE**| ||**LARGE VESSEL OCCLUSIVE STROKE": A**| ||**PROSPECTIVE STUDY" (2017), ALONG WITH**| ||**EXT.P1 OA.**| |**EXHIBIT P1(A9)**|**TRUE COPY OF THE RELEVANT PAGES OF THE**| ||**ARTICLE PUBLISHED IN JOURNAL OF**| ||**NEUROLOGICAL SCIENCES ENTITLED**| ||**"EFFECTIVENESS OF SPEECH LANGUAGE**| ||**THERAPY EITHER ALONE OR WITH ADD ON**| ||**COMPUTER BASED LANGUAGE THERAPY**| ||**SOFTWARE (MALAYALAM VERSION) FOR EARLY**| ||**POST STROKE APHASIA: A FEASIBILITY**| ||**STUDY, ALONG WITH EXT.P1 OA.**| |**EXHIBIT P1(A10)**|**TRUE COPY OF THE RELEVANT PAGES OF THE**| ||**ARTICLE PUBLISHED IN JOURNAL OF**| ||**NEUROLOGICAL SCIENCES ON "MOYAMOYA**| ||**DISEASE: A COMPARISON OF LONG TERM**| ||**OUTCOME OF CONSERVATIVE AND SURGICAL**| ||**TREATMENT IN INDIA", ALONG WITH EXT.P1**| ||**OA.**| |**EXHIBIT P1(A11)**|**TRUE COPY OF THE RELEVANT EXTRACTS OF**| ||**THE BOOK ENTITLED "PERCUTANEOUS MITRAL**| ||**VALVOTOMY" COMPILED BY HARIKRISHNAN S**| ||**(CHAPTER 31 ON "NEUROLOGICAL**| ||**COMPLICATIONS RELATED TO PERCUTANEOUS**| ||**MITRAL VALVOTOMY " AUTHORED BY THE**| ||**APPLICANT), ALONG WITH EXT.P1 OA.**| O.P(CAT) No.204, 205 & 255/2019 19 **EXHIBIT P1(A12) TRUE COPY OF FIRST PAGE OF THE ARTICLE PUBLISHED IN NEUROLOGY INDIA ENTITLED "ANTISYNTHETASE SYNDROME WITH STROKE".** **EXHIBIT P1 (A13) TRUE COPY OF THE FIRST PAGE OF THE ARTICLE PUBLISHED IN NEUROLOGY INDIAN ENTITLED "DIFFUSION RESTRICTION IN FULMINANT SUBACUTE SCLEROSING PANENCEPHALITIS: REPORT OF AN UNUSUAL FINDING", ALONG WITH EXT.P1 OA.** **EXHIBIT P1(A14) TRUE COPY OF THE ORDER DATED 05.06.2018 IN O.A.NO.975/2017 ISSUED BY THIS HON'BLE TRIBUNAL.** **EXHIBIT P2 A TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE 1ST AND 2ND RESPONDENT.** **EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 05.08.2019 IN OA NO.1021/2019 ON THE FILES OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM.** O.P(CAT) No.204, 205 & 255/2019 20 ## **APPENDIX OF OP (CAT) 255/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF ORIGINAL APPLICATION 1021/201** **EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF PETITIONERS 1 AND 2** **EXHIBIT P3 TRUE COPY OF THE ORDER DATED 5.8.2019 OF THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL IN OA NO.1021/2018** **EXHIBIT P1(A1) TRUE COPY OF THE ACR OF THE RESPONDENT EXHIBIT P1(A2) TRUE COPY OF THE REPLY FURNISHED BY PUBLIC INFORMATION OFFICER DATED 6.10.2018** - **EXHIBIT P1 (A3) TRUE COPY OF THE ORDER DATED 11.12.2018 ISSUED BY THE FIRST APPELLATE AUTHORITY UNDER THE RIGHT TO INFORMATION ACT** **EXHIBIT P1(A4) TRUE COPY OF THE DETAILS OF PROJECT ENTITLED 'EFFICACY OF THETA BRUST STIMULATION AND FUNCTIONAL ELECTRICAL STIMULATION AS COMPARED TO CONVENTIONAL PHYSIOTHERAPY IN STROKE REHABILITATION : A RANDOMIZED CONTROL TRIAL' WHICH IS PROJECT NO.5259 OF 1ST PETITIONER INSTITUTION** **EXHIBIT P1(A5) TRUE COPY OF THE DETAILS OF THE PROJECT ENTITLED 'DEVELOPMENT OF COMPUTER BASED LANGUAGE THERAPY SOFTWARE (MALAYALAM VERSION) FOR POST STROKE PATIENTS WITH APHASIA AND FINDING ITS EFFICACY COMPARED TO CONVENTIONAL SPEECH THERAPY WHICH IS PROJECT NO.5271 OF 1ST PETITIONER INSTITUTION** **EXHIBIT P1(A6) TRUE COPY OF THE DETAILS OF PUBLICATIONS OF THE RESPONDENT DURING THE RESIDENCY PERIOD 2013 TO 2017** O.P(CAT) No.204, 205 & 255/2019 21 |**EXHIBIT P1(A7)**|**TRUE COPY OF THE FIRST PAGE OF ARTICLE**| |---|---| ||**PUBLISHED IN 'ACTA NEUROLOGICA**| ||**SCANDINAVICA' ENTITLED IMPACT OF**| ||**OBSTRUCTIVE SLEEP APNEA ON**| ||**NUEUROLOGICAL RECOVERY AFTER ISCHEMIC**| ||**STROKE: A PROSPECTIVE STUDY'(2017)**| ||**WHERE THE RESPONDENT IS THE**| ||**CORRESPONDING AUTHOR**| |**EXHIBIT P1(A8)**|**TRUE COPY OF THE FIRST PAGE OF THE**| ||**ARTICLE IN WORLD NEUROSURGERY**| ||**ENTITLED : DWELL TIME OF STENTRIEVER**| ||**INFLUENCES COMPLETE REVASCULARISATION**| ||**AND FIRST PASS TICIC 3**| ||**REVASCULARISATION IN ACUTE LARGE VESSEL**| ||**OCCLUSIVE STROKE' A PROSPECTIVE**| ||**STUDY(2017)**| |**EXHIBIT P1(A9)**|**TRUE COPY OF THE FIRST PAGE OF THE**| ||**ARTICLE PUBLISHED IN JOURNAL OF**| ||**NEUROLOGICAL SCIENCE ENTITLED**| ||**'EFFECTIVENESS OF SPEECH LANGUAGE**| ||**THERAPY EITHER ALONE OR WITH ADD ON**| ||**COMPUTER BASED LANGUAGE THERAPY**| ||**SOFTWARE(MALAYALAM VERSION) FOR EARLY**| ||**POST STROKE APHASI: A FEASIBILITY STUDY**| |**EXHIBIT P1(10)**|**TRUE COPY OF THE FIRST PAGE OF THE**| ||**ARTICLE PUBLISHED IN JOURNAL OF**| ||**NEUROLOGICAL SCIENCES ON MOYAMOYA**| ||**DISEASE: A COMPARISON OF LONG TERM**| ||**OUTCOME OF CONSERVATIVE AND SURGICAL**| ||**TREATMENT IN INDIA**| |**EXHIBT P1(A11)**|**TRUE COPY OF THE RELEVANT EXTRACTS OF**| ||**THE BOOK ENTITLED: PERCUTANEOUS MITRAL**| ||**VALVOTOMY' COMPLIED BY HARIKRISHNAN S**| ||**(CHAPTER 31 ON NUUROLOGICAL**| ||**COMPLICATIONS RELATED TO PERCUTANEOUS**| ||**MITRAL VALVOTOMY AUTHORED BY THE**| ||**RESPONDENT**| |**EXHIBIT P1(A12)**|**TRUE COPY OF THE FIRST PAGE OF THE**| ||**ARTICLE PUBLISHED IN NEUROLOGY INIDA**| ||**ENTITLED'ANTISYNTHETASE SYNDROME WITH**| ||**STROKE'**| O.P(CAT) No.204, 205 & 255/2019 22 **EXHIBIT P1(A13) TRUE COPY OF THE FIRST PAGE OF THE ARTICLE PUBLISHED IN NEUROLOGY INDIA ENTITLED 'DIFFUSION RESTRICTION IN FULMINANT SUBACUTE SCLEROSING PANENCEPHALITIS" REPORT OF AN UNUSUAL FINDING EXHIBIT P1(A14) TRUE COPY OF THE ORDER DATED 5.6.2018 IN OA NO.975/2017 ISSUED BY THE HON'BLE CAT**