OP(KAT) Nos. 115, 116, 117, 235 & 387 of 2018

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR** **&** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **FRIDAY ,THE 08TH DAY OF MARCH 2019 / 17TH PHALGUNA, 1940** ## **OP(KAT).No. 115 of 2018** **AGAINST THE ORDER IN O.A(EKM)NO.856/2017 of KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM DATED 23-01-2018 PETITIONER/7TH RESPONDENT IN OA:** **DR. SHAHEER K.K, AGED 37 YEARS LECTURER IN COMMUNITY DENTISRY, GOVERNEMNT DENTAL COLLEGE, CALICUT-673 008, KERALA.** **BY ADV. SMT.REKHA VASUDEVAN** ## **RESPONDENTS/APPLICANTS 1 TO 5 & RESPONDENTS 1 TO 6** **& 8 TO 14 IN O.A.:** **1 DR. RANI MOL P AGED 38 YEARS, D/O M.T.MURALEEDHARAN PILLAI, SUKRITHAM, CRAM 41 B, PANICKERS LANE, MANNAMOOLA, PEROORKADA.P.O., THIRUVANANTHAPURAM, KERALA-695005.** **2 DR. ADMAJA K NAIR, AGED 32 YEARS, D/O. KRISHNAN NAIR, SARANG, BINDUSMRITHI, ATHIRAMPUZHA, KOTTAYAM, KERALA.** **3 DR. SHERIN ANN THOMAS AGED 34 YEARS, D/O. THOMAS MATHEW, PULIKKAL BUILDINGS, DAILY BREAD SHOPPING MALL, NEAR MLA OFFICE, MALAYINKEEZH, KOTHAMANGALAM, ERNAKULAM, KERALA-696691.** - **4 DR. ARUN K JOY, AGED 31 YEARS, S/O K.V.JOY, KOLENCHERY HOUSE, CHOWARA.P.O., ALUVA-683571, KERALA.** O.P.(KAT)Nos.115, 116, 117, 235 & 387 of 2018 2 - **5 DR. SHAHANA C MUHAMMED AGED 31 YEARS, D/O.A.E.MOHAMMED, CHOTTUBHAGATH HOUSE, PEZHAKKAPPILLY.P.O., MUVATTUPUZHA-686 674,KERALA.** - **6 THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE (S) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001, KERALA.** - **7 THE DIRECTOR OF MEDICAL EDUCATION THIRUVANANTHAPURAM-695001, KERALA.** - **8 DR. SHONY MOHAN LECTURER IN COMMUNITY DENTISTRY, GOVERNMENT DENTAL COLLEGE, THIRUVANANTHAPURAM, KERALA-695001.** - **9 DR. SMITHA L RAJEEV LECTURER IN COMMUNITY DENTISTRY GOVERNMENT DENTAL COLLEGE, THIRUVANANTHAPURAM,KERALA-695001.** - **10 DR. VIVEK NARAYAN LECTURER IN COMMUNITY DENTISTRY GOVERNMENT DENTAL COLLEGE, KOTTAYAM, KERALA - 686 008.** - **11 DR. MERIN JOSE LECTURER IN COMMUNITY DENTISTRY GOVERNMENT DENTAL COLLEGE, CALICUT-673008, KERALA.** - **12 DR. ANISH N, AGED 31 YEARS, S/O. NARAYANAN KUTTY R.V., SENIOR LECTURER, DEPARTMENT OF ORAL MEDICINE AND RADIOLOGY, ANNOOR DENTAL COLEGE & HOSPITAL, MUVATTUPUZHA-686 673, RESIDING AT MUKKANNIYIL APARTMENTS, PERUMATTOM, MUVATTUPUZHA, ERNAKULAM, KERALA-686673.** O.P.(KAT)Nos.115, 116, 117, 235 & 387 of 2018 3 - **13 DR. SHIJITH MALAYIL, AGED 33 YEARS, S/O. THEYYAN KUTTY,SENIOR LECTURER, DEPARTMENT OF ORAL MEDICINE AND RADIOLOGY, ROYAL DENTAL COLLEGE, CHALLISSERY, PALAKKAD, RESIDING AT SHIJITH NIVAS,CHEMMAD, TIRURANGADI.P.O., MALAPPURAM, KERALA-676306.** - **14 DR. MINI M M, AGED 33 YEAS, D/O. R. MADHUSUDHANAN, ASSISTNAT PROFESSOR, DEPARTMENT OF ORAL MEDICINE AND RADIOLOGY, GOVERNMENT DENTAL COLLEGE, THRISSUR, RESIDING AT M.M. COLLEGE, KULASEKHARAM, KODUNGANNOOR. P.O., THIRUVANANTHAPURAM-695013, (ADD. R8 TO R10 IMPLEADED AS PER ORDER DATED 13/11/2017 IN M.A.(E) 2140/17, KERALA.** - **15 DR SOPHIA B MODI, AGED 37 YEARS, D/O DR. M. BASHEER,LECTURER IN MICROBIOLOGY, GOVERNMENT MEDICAL COLLEGE,PARIPALLY, KOLLAM-691574, RESIDING AT ARSHIL JANNAH, PULLLIKADA, CHINNAKADA, KOLLAM-691001, KERALA.** - **16 DR. DIVEENA D, AGED 33 YEARS, W/O. BINU.N.K.,LECTURER IN ANATOMY, GOVERNMENT MEDICAL COLLEGE,PARIPALLY, KOLLAM-691574, RESIDING AT FLAT NO.EF7-161, P.T.CHACKO NAGAR, MEDICAL COLLEGE.P.O., THIRUVANANTHAPURAM, KERALA-695001.** **17 DR. NISHA V, AGED 33 YEARS, W/O BIJU.S., LECTURER IN ANATOMY, GOVERNMENT MEDICAL COLLEGE, PARIPALLY, KOLLAM-691574, RESIDING AT KAUSHTUBHAM, TKRA 10, NEDUMON, KALLYAM, THIRUVANANTHAPURAM, KERALA-695043. 18 DR. JAYAKRISHNAN G, AGED 33 YEARS, S/O. GOPALAKRISHNA PILLAI,LECTURER IN ANATOMY, GOVERNMENT MEDICAL COLLEGE, THRISSUR-680 596, RESIDING AT PRANAVAM, THRIVENI GARDENS, CALVARI ROAD, POOTHOLE,THRISSUR-680 004. (ADDL.R11TO 14 IMPLEADED AS PER ORDER DATED 7/12/2017 IN MA (E) 2373/17, KERALA.** **BY ADVS. R3 & R14 SRI.P.K.MANOJKUMAR SRI.N.NANDAKUMARA MENON (SR.) R16 & R17 SRI.P.NANDAKUMAR** O.P.(KAT)Nos.115, 116, 117, 235 & 387 of 2018 4 **R6 & R7 SR. GP-SRI T. RAJASEHARAN NAIR. R8 & R11 SRI.DINESH R. SHENOY R9 SRI.R.T.PRADEEP** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 08.03.2019, ALONG WITH OP(KAT).116/2018, OP(KAT).117/2018, OP(KAT).235/2018& OP(KAT).387/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** O.P.(KAT)Nos.115, 116, 117, 235 & 387 of 2018 5 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR** **&** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **FRIDAY ,THE 08TH DAY OF MARCH 2019 / 17TH PHALGUNA, 1940** **OP(KAT).No. 116 of 2018** **AGAINST THE ORDER IN OA(EKM)NO.856/2017 of KERALA ADMINISTRATIVE TRIBUNAL, ADDITIONAL BENCH, ERNAKULAM DATED 23-01-2018** ## **PETITIONERS:** - **1 DR. SHONY MOHAN AGED 38 YEARS, LECTURER IN COMMUNITY DENTISTRY, GOVERNMENT DENTAL COLLEGE, THIRUVANANTHAPURAM,KERALA - 695 011.** - **2 DR.MERRIN JOSE, AGED 38 YEARS, LECTURER IN COMMUNITY DENTISTRY, GOVERNMENT DENTAL COLLEGE, CALICUT - 673 008. BY ADVS. SRI.DINESH R.SHENOY SRI.EBIN MATHEW SRI.P.ROHIT PREMANANDAN SHENOY** ## **RESPONDENTS:** - **1 DR. RANI MOL P., AGED 38 YEARS, D/O. M.T.MURALEEDHARAN PILLAI,SUKRITHAM, CRAM 41 B, PANICKERS LANE,MANNAMOOLA, PEROORKADA P.O., THIRUVANANTHAPURAM, KERALA - 695 005.** - **2 DR.ADMAJA K NAIR, AGED 32 YEARS, D/O. KRISHNAN NAIR, SARANG BINDUSMRITHI, ATHIRAMPUZHA,KOTTAYAM, PIN - 686 562.** O.P.(KAT)Nos.115, 116, 117, 235 & 387 of 2018 6 - **3 DR.SHERIN ANN THOMAS, AGED 34 YEARS, D/O. THOMAS MATHEW,PULIKKAL BUILDINGS, D AILY BREAD SHOPPING MALL, NEAR MLA OFFICE, MALAYINKEESH,KOTHAMANGALAM, ERNAKULAM, KERALA - 696 691.** - **4 DR.ARUN K. JOY, AGED 31 YEARS, S/O. K.V.JOY, KOLENCHERY HOUSE, CHOWARA P.O.,ALUVA - 683 571.** - **5 DR.SHAHANA C MUHAMMED, AGED 31 YEARS, D/O.A.E.MOHAMMED,CHOTTUBHAGATH HOUSE, PEZHAKAPPILLY P.O.,MUVATTUPUZHA - 686 674.** - **6 THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,HEALTH & FAMILY WELFARE (S) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.** - **7 THE DIRECTOR OF MEDICAL EDUCATION THIRUVANANTHAPURAM - 695 011.** - **8 DR.SMITHA L. RAJEEV, AGED 38, LECTURER IN COMMUNITY DENITSTRY, GOVERNMENT DENTAL COLLEGE, THIRUVANANTHAPURAM, KERALA - 695 011.** - **9 DR.VIVEK NARAYAN LECTURER IN COMMUNITY DENTISTRY,GOVERNMENT DENTAL COLLEGE, KOTTAYAM, KERALA - 686 008.** - **10 DR.SAHEER K.K ,LECTURER IN COMMUNITY DENTISTRY, GOVERNMENT DENTAL COLLEGE,CALICUT - 673 008.** - **11 DR.ANISH.N., AGED 32, S/O.NARAYANAN KUTTY R.V., SENIOR LECTURER, DEPARTMENT OF ORAL MEDICINE AND RADIOLOGY, ANNOOR DENTAL COLLEGE & HOSPITAL, MUVATTUPUZHA-686 673, RESIDING AT MUKKANNIYIL APARTMENTS, PERUMATTOM, MUVATTUPUZAHA, ERNAKULAM, KERALA-686 673.** - **12 DR.SHIJITH MALAYIL, AGED 34, S/O.THEYYAN KUTTY, SENIOR LECTURER, DEPARTMENT OF ORAL MEDICINE AND RADIOLOGY, ROYAL DENTAL COLLEGE, CHALLISSERY, PALAKKAD, RESIDING AT SHIJITH NIVAS, CHEMMAD, TIRURANGADI.P.O., MALAPPURAM, KERALA-676306.** O.P.(KAT)Nos.115, 116, 117, 235 & 387 of 2018 7 - **13 DR.MINI.M.M., AGED 34, D/O.R.MADHUSUDHANAN, ASSISTANT PROFESSOR, DEPARTMENT OF ORAL MEDICINE AND RADIOLOGY, GOVERNMENT DENTAL COLLEGE, THRISSUR, RESIDING AT M.M.COLLEGE, KULASEKHARAM, KODUNGANNOOR.P.O., THIRUVANANTHAPURAM-695013.** - **14 DR.SOPHIA B.MODI, AGED 38, D/O.DR.M.BASHEER, LECTURER IN MICROBIOLOGY, GOVERNMENT MEDICAL COLLEGE, PARIPALLY, KOLLAM-691574, RESIDING ARSHIL JANNAH, PULLIKADA, CHINNAKADA, KOLLAM-691001.** - **15 DR.DIVEENA.D.,AGED 33, W/O.BINU.N.K., LECTURER IN ANATOMY, GOVERNMENT MEDICAL COLLEGE, PARIPALLY, KOLLAM-691574, RESIDING AT FLAT NO.EF7-161, P.T.CHACKO NAGAR, MEDICAL COLLEGE.P.O., THIRUVANANTHAPURAM, KERALA-695001.** - **16 DR.NISHA.V.,AGED 34 YEARS, W/O.BIJU.S., LECTURER IN ANATOMY, GOVERNMENT MEDICAL COLLEGE, PARIPPALLY, KOLLAM-691574, RESIDING AT KOUSTHUBHAM, TKRA 10, NEDUMON, KALLYAM, THIRUVANANTHAPURAM-695043.** - **17 DR.JAYAKRISHNAN.G., AGED 34, S/O.N.GOPALAKRISHNA PILLAI, LECTURER IN ANATOMY, GOVERNMENT MEDICAL COLLEGE, THRISSUR-680596, RESIDING PRANAVAM, THRIVENI GARDENS, CALVARI ROAD, POOTHOLE, THRISSUR-680 004.** **BY ADVS. R3 & R13 SRI.P.K.MANOJKUMAR SMT.SMITHA S.PILLAI SMT.ALICE THOMAS SMT.M.C.SINY SRI.N.NANDAKUMARA MENON (SR.) R6 & R7 SR.G.P.SRI.T.RAJASEKHARAN NAIR R8 SRI.R.T.PRADEEP** **R10 SMT.REKHA VASUDEVAN** **R17 SRI.P.NANDAKUMAR** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 08.03.2019, ALONG WITH OP(KAT).235/2018, OP(KAT).117/2018, OP(KAT).115/2018 & 387/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** O.P.(KAT)Nos.115, 116, 117, 235 & 387 of 2018 8 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR** **&** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **FRIDAY ,THE 08TH DAY OF MARCH 2019 / 17TH PHALGUNA, 1940** **OP(KAT).No. 117 of 2018** **AGAINST THE ORDER IN O.A(EKM)NO.731/2017 of KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM DATED 04-04-2017** ## **PETITIONER/4TH RESPONDENT:** **SMITHA.L.RAJEEV, AGED 37, D/O. LYLA, ROHINI, THOZHUKKAL, NEYYATTINKARA, THIRUVANANTHAPURAM - 695 121.** **BY ADVS. SRI.R.T.PRADEEP SRI.K.C.HARISH** ## **RESPONDENTS/APPLICANTS & RESPONDENTS 1 TO 3 & 5 TO 11:** - **1 DR. JAINI.J.L, AGED 36, W/O. DR.BENOY, RESIDING AT JAINI NIVAS,THANNERMUKKAM P.O., ERNAKULAM,KERALA - 688 527.** - **2 DR.NOXY GEORGE MANOORAN, AGED 40, W/O. DR.JOHN N.J.,RESIDING AT B2 RUBICON MANSIONS, OPPOSITE METRO SCANS MEDICAL COLLEGE P.O.,THIRUVANANTHAPURAM - 695 011, KERALA.** - **3 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHPAURAM, KERALA - 695 001.** O.P.(KAT)Nos.115, 116, 117, 235 & 387 of 2018 9 |**4**|**DIRECTOR OF MEDICAL EDUCATION**| |---|---| ||**DIRECTORATE OF MEDICAL EDUCATION,**| ||**THIRUVANANTHAPURAM - 695 001, KERALA.**| |**5**|**SHONY MOHAN**| ||**LECTURER IN COMMUNITY DENTISTRY,**| ||**GOVERNMENT DENTAL COLLEGE,THIRUVANANTHAPURAM -**| ||**695 011, KERALA.**| |**6**|**THE SECRETARY, KERALA PSC, OFFICE OF THE KERALA**| ||**PUBLIC SERVICE COMMISSIONM, PATTOM,**| ||**THIRUVANANTHAPURAM - 695 004, KERALA.**| |**7**|**DR.SOPHIA B MODI, AGED 37,**| ||**D/O. DR.M.BASHEER, LECTURER IN MICROBIOLOGY,**| ||**GOVERNMENT MEDICAL COLLEGE, PARIPALLY,**| ||**KOLLAM - 691 574, GOVERNMENT MEDICAL COLLEGE,**| ||**PARIPALLY, KOLLAM - 691 574,**| ||**RESIDING AT ARSHIL JANNAH, PULLIKADA,**| ||**CHINNAKADA, KOLLAM, KERALA - 691 001.**| |**8**|**DR.DIVEENA D, AGED 33, W/O. BINU N.K,**| ||**LECTURER IN ANATOMY,GOVERNMENT MEDICAL COLLEGE,**| ||**PARIPALLY,KOLLAM - 691 574, RESIDING AT FLAT NO.**| ||**EF7-161,P.T.CHACKO NAGAR, MEDICAL COLLEGE**| ||**P.O.,THIRUVANANTHAPURAM, KERALA - 695 001.**| |**9**|**DR.NISHA V, AGED 33, W/O. BIJU S,**| ||**LECTURER IN ANATOMY,GOVERNMENT MEDICAL COLLEGE,**| ||**PARIPALLY,KOLLAM - 691 574, RESIDING AT**| ||**KOAUSTHUBHAM, TKRA 10, NEDUMON,**| ||**KALLAYAM,THIRUVANANTHAPURAM, KERALA - 695 043.**| |**10**|**DR.JAYAKRISHNAN G, AGED 33, S/O.N.GOPALAKRISHNAN**| ||**PILLAI, LECTURER IN ANATOMY, GOVERNMENT MEDICAL**| ||**COLLEGE,THRISSUR - 680 596, RESIDING AT**| ||**PRANAVAM, THRIVENI GARDENS, CALVARI ROAD,**| ||**POOTHOLE, THRISSUR, KERLAA - 680 004.**| |**11**|**DR.VIVEK, AGED 36, S/O. LATE DR.M.SIVAKUMAR,**| ||**SHARANYA, KESTON ENCLAVE, KOWDIAR,**| ||**THIRUVANANTHAPURAM, PRESENTLY WORKING IN A**| ||**TEMPORARY CAPACITY AS ASSISTANT PROFESSOR,**| ||**DEPARTMENT OF PUBLIC HEALTH DENTISTRY,**| ||**GOVERNMENT DENTAL COLLEGE, KOTTAYAM, 686 008,**| ||**KERALA.**| O.P.(KAT)Nos.115, 116, 117, 235 & 387 of 2018 10 **12 DR.C.DITHI, AGED 34, W/O. DR.RAJESH, ASSOCIATE PROFESSOR, NIMS DENTAL COLLEGE, NEYYATTINAKRA,THIRUVANANTHAPURAM - 695 121, RESIDING AT DAIVADATHAM, T.C 2/1968-6, A.N.312(M), POTTAKUZHI, PATTOM, THIRUVANANTHAPURAM - 695 004, KERALA.** **BY ADVS. R1 & R2 SRI.V.A.MUHAMMED SRI.V.RAJASEKHARAN NAIR SMT.MARY BENJEMIN R3 & R4 SR.G.P.SRI.T.RAJASEKHARAN NAIR R5 SRI.DINESH R. SHENOY R6 SC.SRI.P.C.SASIDHARAN R10 SRI.P.NANDAKUMAR** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 08.03.2019, ALONG WITH OP(KAT).235/2018, OP(KAT).116/2018, OP(KAT).115/2018 & 387/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** O.P.(KAT)Nos.115, 116, 117, 235 & 387 of 2018 11 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR** **&** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **FRIDAY ,THE 08TH DAY OF MARCH 2019 / 17TH PHALGUNA, 1940** **OP(KAT).No. 235 of 2018** **AGAINST THE ORDER IN O.A.(EKM)NO.2869/2017 of KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM DATED 23-1-2018** ## **PETITIONER/6TH RESPONDENT:** **DR. SHONY MOHAN, AGED 38 YEARS, LECTURER/ASSISTANT PROFESSOR, DEPARTMENT OF PROSTHODONTICS, PRIYADARSHINI INSTITUTE OF PARAMEDICAL SCIENCES, MEDICAL COLLEGE (PO), THIRUVANANTHAPURAM, KERALA-695 011.** **BY ADVS. SRI.DINESH R.SHENOY SRI.EBIN MATHEW SRI.P.ROHIT PREMANANDAN SHENOY** ## **RESPONDENTS/APPLICANTS/RESPONDENTS 1 TO 5:** **1 DR. LITTY FRANCIS, AGED 34 YEARS, D/O.V.K.FRANCIS, RESIDING AT A-7 QUARTERS, MEDICAL COLLEGE CAMPUS, MEDICAL COLLEGE (PO), THIRUVANANTHAPURAM-695 011.** **2 DR.SMITHA RAVINDRAN D/O.P.RAVINDRAN, RESIDING AT SARAVANA, HOUSE NO.A.R.A.-48A, MUNDAKAL EAST, KOLLAM-691 001.** O.P.(KAT)Nos.115, 116, 117, 235 & 387 of 2018 12 - **3 DR.REBA P.B., D/O.BALAKRISHNAN P.O., RESIDING AT PLACKEL HOUSE, KUZHUPPILLY, AYYAMPILLY (PO), VYPIN, ERNAKULAM-682 501.** - **4 THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.** - **5 THE DIRECTOR OF MEDICAL EDUCATON MEDICAL COLLEGE (PO), THIRUVANANTHAPURAM-695 011.** - **6 THE PRINCIPAL, GOVERNMENT DENTAL COLLEGE MEDICAL COLLEGE (PO), THIRUVANANTHAPURAM-695 011.** - **7 THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, THULASI HILLS, PATTOM PALACE (PO), THIRUVANANTHAPURAM-695 004.** - **8 DR.SMITHA L.RAJEEV LECTURER/ASSISTANT PROFESSOR, DEPARTMENT OF PROSTHODONTICS, GOVERNMENT DENTAL COLLEGE, MEDICAL COLLEGE (PO), THIRUVANANTHAPURAM-695 011.** **R1 TO R3 BY ADV. SHRI.JAWAHAR JOSE R4 TO R6 BY SR.GP.SRI.T.RAJASEKHARAN NAIR R7 BY SC.SRI.P.C.SASIDHARAN R8 BY ADV.SRI.R.T.PRADEEP** **THIS O.P KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 08.03.2019, ALONG WITH OP(KAT)NO.117/2018, OP(KAT).116/2018, OP(KAT).115/2018 & 387/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** O.P.(KAT)Nos.115, 116, 117, 235 & 387 of 2018 13 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR** **&** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **FRIDAY ,THE 08TH DAY OF MARCH 2019 / 17TH PHALGUNA, 1940** **OP(KAT).No. 387 of 2018** **AGAINST THE ORDER IN O.A(EKM)731/2017 of KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM DATED 23-01-2018** ## **PETITIONERS & RESPONDENTS 1 & 2 IN O.A:** - **1 STATE OF KERALA REPRESENTED BY THE ADDL. CHIEF SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA 695 001** - **2 THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANATHAPURAM-695011.** - **BY SR.G.P.SRI.T.RAJASEKHARAN NAIR** ## **RESPONDENTS/APPLICANTS & RESPONDENTS 3 TO 11 IN O.A.:** - **1 DR. JAINI J.L, W/O. DR. BENOY, RESIDING AT JAINI NIVAS, THANNERMUKKOM PO, ERNAKULAM 688 527** - **2 DR. NOXY GEORGE MANJOORAN, W/O. DR. JOHN N.J, RESIDING AT B2,** - **RUBICON MANSIONS, OPPOSITE METRO SCANS MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM-695011.** - **3 SHONY MOHAN,** - **LECTURER IN COMMUNITY DENTISTRY, GOVERNMENT DENTAL COLLEGE, THIRUVANANTHAPURAM-695011.** O.P.(KAT)Nos.115, 116, 117, 235 & 387 of 2018 14 - **4 SMITHA L. RAJEEV, LECTURER IN COMMUNITY DENTISTRY, GOVERNMENT DENTAL COLLEGE, THIRUVANATHAPURAM-695011.** - **5 THE SECRETARY, KERALA PSC, OFFICE OF THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANATHAPURAM,KERALA.** - **6 DR. SOPHINA B MODI, D/O. DR. M.BASHEER, LECTURER IN MICROBIOLOGY, GOVERNMENT MEDICAL COLLEGE, PARIPALLY, KOLLAM-691574, RESIDING AT ARSHIL JANNAH, PULLIKADA, CHINNAKADA, KOLLAM, KERALA-695001.** - **7 DR. DIVEENA D, W/O. BINU N.K, LECTURER IN ANATOMY, GOVERNMENT MEDICAL COLLEGE, PARIPALLY, KOLLAM-691574,RESIDING AT FLAT NO.EF7-161,P.T.CHACKO NAGAR, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM,KERALA-695001.** - **8 DR.NISHA V, W/O. BIJU S, LECTURER IN ANATOMY, GOVERNMENT MEDICAL COLLEGE ,PARIPALLY, KOLLAM-691574,RESIDING AT KOAUSTHUBHAM, TKRA 10,NEDUMON, KALLAYAM, THIRUVANANTHAPURAM, KERALA-695043.** - **9 DR.JAYAKRISHNAN G, S/O. N.GOPALAKRISHNAN PILLAI, LECTURER IN ANATOMY, GOVERNMENT MEDICAL COLLEGE, THRISSUR-680596 ,RESIDING AT THRIVENI GARDENS, CALVARI ROAD, POONTHOLE,THRISSUR, KERALA-680004.** - **10 DR. VIVEK, S/O. LATE DR.M.SIVAKUMAR, SHARANYA , KESTON ENCLAVE, KOWDIAR,THIRUVANANTHAPURAM, PRESENTLY WORKING IN A TEMPORARY CAPACITY AS ASSISTANT PROFESSOR DEPARTMENT OF PUBLIC HEALTH DENTISTRY, GOVERNMENT DENTAL COLLEGE, KOTTAYAM.** - **11 DR. C. DITHI,W/O. DR. RAJESH, ASSOCIATE PROFESSOR, NIMS DENTAL COLLEGE, NEYYATTINKARA, THIRUVANATHAPURAM-695 121, RESIDING AT DAIVADATHAM T.C. 2/1968-6, A.N.312(M), POTTAKUZHI, PATTOM, THIRUVANANTHAPURAM-695 004.** O.P.(KAT)Nos.115, 116, 117, 235 & 387 of 2018 15 **BY ADVS. R1 & R2 SMT.MARY BENJAMIN R3 SRI.DINESH R.SHENOY R4 SRI.R.T.PRADEEP R5 S.C.SRI.P.C.SASIDHARAN R7,R8 & R9 SRI.P.NANDAKUMAR** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 08.03.2019, ALONG WITH O.P(KAT)115/2018, 116/2018, 117/2018 & 235/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** O.P.(KAT)Nos.115, 116, 117, 235 & 387 of 2018 16 ## **JUDGMENT** ## **Ravikumar, J.** All the captioned original petitions arise from a common order dated 23.1.2018 passed by the Kerala Administrative Tribunal. O.P.(KAT)Nos.115 and 116 of 2018 are filed by the contesting party respondents in O.A.(Ekm.)No.856 of 2017. O.P.(KAT)No.235 of 2018 is filed by the 6[th] respondent in O.A.(Ekm.)No.2869 of 2017 who was one of the contesting respondents therein. O.P.(KAT)No.117 of 2018 is filed by the 4[th] respondent in O.A.(Ekm.)No.731 of 2017 who was one of the contesting respondents therein. O.P.(KAT)No.387 of 2018 is filed by the official respondents viz., the State and the Director of Medical Education, in O.A.(Ekm.)No.731 of 2017. Though O.A.(Ekm.)No.2884 of 2017 was also allowed as per the aforesaid common order by the Tribunal, none of the respondents therein approached this Court for invoking the power of judicial review of this Court. For the sake of convenience, the parties are referred to hereinafter in this judgment in accordance with their status before the Tribunal unless otherwise specifically mentioned. The applicants are rank holders in a ranked list brought into force by the Kerala Public Service Commission (for short `PSC') on 30.10.2017, pursuant to the selection process initiated as per Annexure-A1 notification dated 29.12.2015 (marked as such in O.A. (Ekm.)No.731 of 2017), for appointment to the post of Assistant O.P.(KAT)Nos.115, 116, 117, 235 & 387 of 2018 17 Professor in Prosthodontics in the Department of Kerala Medical Education Services. In fact, all the applicants in O.A.(Ekm.)Nos.2884 of 2017, 2869 of 2017 & 731 of 2017 are included in the ranked list of Assistant Professor (Prosthodontics) published on 30.10.2017. Applicants in O.A.(Ekm.)No.856 of 2017 are included in the lists of Assistant Professor – Prosthodontics, Periodontics and Oral Medicine and Radiology. Respondents 3 and 4 in O.A.(Ekm.)No.731 of 2017 were Lecturers in Communal Dentistry in Government Dental College, Thiruvananthapuram and pursuant to the participation in the selection process initiated under Annexure-A1 notification they are also included in the ranked list published on 30.10.2017. In fact, the pleadings in the Original Application would reveal that the applicants therein approached the Tribunal after participating in the selection process, but before the publication of the ranked list. All the applicants were aggrieved by Annexure-A3 order GO(MS)No.46/2017/H&FWD dated 30.3.2017 (marked as such in O.A.(EKm.)No.731 of 2017) whereby and whereunder Government had accorded sanction for appointment of 17 Lecturers in the Government Medical Colleges in Thiruvananthapuram (Indira Gandhi Medical College), Thrissur, Kozhikode and in the Government Dental Colleges in Thiruvananthapuram, Kozhikode and Kottayam, as Assistant Professors in those departments in which they possess post- graduation and also the consequential orders of O.P.(KAT)Nos.115, 116, 117, 235 & 387 of 2018 18 appointment. Respondents 3 and 4 in O.A.(EKm.) No.731 of 2017 are among the appointees as Assistant Professors pursuant to Annexure-A3 referred above. Taking note of the fact that all the aforesaid Original Applications were jointly heard and were disposed of by the common order dated 23.1.2018 all the aforementioned original petitions were heard jointly and they are being disposed of by this common judgment. 2. Heard the learned counsel on both sides. 3. It is to be noted that before the Tribunal trifold contentions were raised by the applicants to mount challenge against Annexure-A3 G.O. dated 30.3.2017 and the consequential orders of appointment. Firstly, it is contended that Lecturers in Communal Dentistry and other disciplines only could be re-designated as Assistant Professors in Communal Dentistry or in the other disciplines concerned where they are working on their acquisition of post-graduation in the discipline concerned. In elaboration of the said contention, essentially they contended that the method of appointment to the post of Assistant Professor as per the relevant Government orders and the Dental Council of India Regulations, is by direct recruitment. Going by G.O. (P)No.425/2009/H&FWD dated 14.12.2009, while revising the scale of pay and allowances in the Government Medical and Dental Colleges, it was stipulated in para 5.1 thereunder that there would only be three teaching grades in the Government Medical and Dental Colleges, O.P.(KAT)Nos.115, 116, 117, 235 & 387 of 2018 19 namely, Assistant Professor, Associate Professor and Professor. On being made Assistant Professor as the entry cadre post-graduation in the specialty concerned and three years teaching experience were prescribed as qualifications for appointment to that cadre. As noticed hereinbefore, direct recruitment is prescribed as the method of appointment. As per para 5.2 therein existing Senior Lecturers, possessing post-graduate degree in the concerned discipline, are to be redesignated as Assistant Professors and the Lecturers without postgraduate degree in the discipline concerned are to continue as Lecturers till acquisition of post-graduation in the concerned discipline and on such acquisition they were to be redesignated as Assistant Professors. The category of Senior Lecturer was abolished and as per the G.O(MS)No.14/2013/ H&FWD dated 22.1.2013, the Government prescribed the modified qualification and made direct recruitment through PSC as the method of appointment to the post of Assistant Professor. In the said circumstances, the contention raised was that on acquisition of post-graduation in the discipline concerned, where they were working, the Lecturers in different disciplines could have been only redesignated as Assistant Professors that too, only in the discipline concerned where they are working and at any rate, in such circumstances, merely on acquisition of post-graduation they could not have been appointed as Assistant Professors in different disciplines. O.P.(KAT)Nos.115, 116, 117, 235 & 387 of 2018 20 Secondly, it was contended that once vacancies were reported to PSC such vacancies could not be filled up by any other means. To buttress the said contention they relied on the decision of this Court in **Girija** v. **Director of Industries** reported in **2001 (2) KLT 484.** It was also contended that while issuing Annexure-A3 order dated 30.3.2017 stating that continuation of Lecturers in various departments, who at the time of their entry in service were having only BDS qualification, despite their acquisition of post-graduation in other disciplines, would not be beneficial for the career prospects of such persons the official respondents had failed to take note of its adverse effect on the very prospects of candidates included in the ranked list dated 30.10.2017 to earn a berth in Government service. 4. The official respondents as also the contesting party respondents filed separate reply statements before the Tribunal, refuting the claims and contentions of the applicants. On behalf of the State as also the Director of Medical Education it was contended thus:- The Principals of Medical/Dental Colleges reported shortage of faculties in various disciplines and at the same time, they reported availability of Lecturers who acquired post-graduation, subsequent to their entry in service, in subjects unrelated to the department to which they were appointed. Based on the said reports the Director of Medical Education recommended for accommodation of such Lecturers in O.P.(KAT)Nos.115, 116, 117, 235 & 387 of 2018 21 departments where vacancies are available taking into account their subject in the post-graduation. Thus, essentially, the recommendation was to the effect that resorting to such a method would augment the career prospects of such category of Lecturers besides enabling the department to cover up shortage of faculties. According to the Government, it was considering the said reports and recommendation that Annexure-A3 was issued. In order to get sustained Annexure-A3 order dated 30.3.2017, the official respondents as also the contesting party respondents raised various other contentions before the Tribunal, some of which were conflicting and contradictory. One version was that transfer and postings were made under Rule 9B of Part II of the Kerala State and Subordinate Services Rules, 1958 (KS & SSR). The other provisions referred to and relied on in that regard, are Rules 32 and 39 of Part II, KS & SSR. It was also contended that Annexure-A3 order was issued pursuant to a policy decision taken by the Government and therefore, it is not liable to be interfered with. To draw support to the said contention they relied on the decisions of the Hon'ble Apex Court in **Census Commissioner and others** v. **R.Krishnamoorthy ((2015) 2 SCC 796)** and **Maju Balakrishnan and others** v. **State of Kerala and others (2009 (2) KHC 492).** To support the contention raised relying on Rule 32 of Part II, KS& SSR the decision of this Court in **Appukuttan Nair** v. **State of Kerala (1965 KLT 855)** was relied on. O.P.(KAT)Nos.115, 116, 117, 235 & 387 of 2018 22 5. Upon consideration of the rival pleadings and rival submissions made at the Bar and perusing the materials on record the Tribunal found that three main questions arose for adjudication as hereunder:- “(a) Whether a Lecturer in one Department in the Dental Education Service could be transferred/appointed or redesignated as Assistant Professor in another Department considering the PG Qualification in the subject; (b) Whether the impugned order G.O. (MS)No.46/2017/ H&FWD dated 30.3.2017 can be sustained under Rule 9B or Rule 32 Part II KS & SSR; and (c) Whether the post notified for selection and appointment to the Public Service Commission can be filled up by resorting to any other mode of appointment.” 6. After considering the authorities cited and the relevant provisions and the Government orders the Tribunal had answered the questions in favour of the applicants and negatived the contentions raised by the respondents and consequently, allowed the Original Applications, on the following lines:- “28. In view of the above findings the applicants are entitled to succeed. The impugned order G.O. (MS)No.46/2017/H&FWD dated 30.3.2017 to the extent it sanctions appointment of faculties in the Government Dental Colleges (Lecturers) as Assistant Professors in other departments in which discipline they have acquired their P.G. qualification is hereby set aside. The consequential orders of appointment and posting of the beneficiaries of the above order in the Government Dental Colleges are hereby set aside. Those Lecturers O.P.(KAT)Nos.115, 116, 117, 235 & 387 of 2018 23 appointed as Assistant Professors pursuant to the order dated 30.3.2017 in other departments shall be reverted to their parent departments as Lecturers within a period of one month from the date of receipt of a copy of this order and the second respondent shall immediately report the vacancies resulting on account of the same to the Public Service Commission for advice and appointment from the ranked lists in existence.” It is aggrieved by the said directions that the aforesaid respondents in the above mentioned O.As filed the captioned Original Petitions. 7. The learned counsel on both sides, _inter alia_ , reiterated their contentions raised before the Tribunal. While the counsel for the applicants contend that the Tribunal had correctly appreciated and applied the provisions and the Government Orders, in the light of relevant decisions on the subject, the official respondents and the contesting respondents before the Tribunal would contend that the impugned order of the Tribunal is an outcome of improper and perverse appreciation of the provisions, Government orders as also the decisions. In this context, it is relevant to note that there was cleavage of opinion even amongst the contesting respondents before the Tribunal who are either petitioners or respondents in the captioned original petitions. While the learned counsel Sri.R.T.Pradeep appearing for one of them relied on Rules 32 and 39 of Part II, KS & SSR in a bid to sustain Annexure-A3 order dated 30.3.2017, Smt.Rekha Vasudevan, the learned counsel appearing for some of them relied on Rule 9B and Rule 32 of Part II, KS & SSR. On the other hand, the learned counsel O.P.(KAT)Nos.115, 116, 117, 235 & 387 of 2018 24 Sri.Dinesh R. Shenoy appearing for some others relied on all the said three provisions. It is to be noted that though, in Annexure-A3 order dated 30.3.2017, there was no reference about Rule 39 of Part II, KS & SSR the learned Government Pleader also relied on Rule 39 of Part II, KS & SSR as well, besides relying on the other provisions referred above, to canvass the position that the impugned order passed by the Tribunal is liable to be set aside and Annexure-A3 order and the consequential orders of appointment are liable to be restored. The learned Government Pleader would also submit that the decision in Annexure-A3 is virtually a policy decision and therefore, it is not liable to be interfered with. The learned counsel appearing for the applicants before the Tribunal who are respondents before us contended that the aforesaid provisions under Part II of KS & SSR could not be relied on to sustain Annexure-A3 order and the consequential orders of appointment and that the rank holders in the PSC list published on 30.10.2017 are entitled to get advised and appointed in the available vacancies in accordance with the relevant provisions. They would also contend that Annexure-A3 violates the relevant orders relating to the method of appointment and also the related provisions in the Dental Council Regulations and therefore, the impugned order is nothing but a culmination of the rightful conclusions of the factual and legal aspects involved in the cases on hand. O.P.(KAT)Nos.115, 116, 117, 235 & 387 of 2018 25 8. As noticed hereinbefore, the applicants before the Tribunal were all rank holders in the list published by the PSC for appointment to the post of Assistant Professor in the Department of Kerala Medical Education Services pursuant to Annexure-A1 notification. Respondents 3 and 4 in O.A.(EKm.)No.731 of 2017 from which O.P. (KAT)Nos.117 & 387 of 2018 arose, are also rank holders in the aforesaid list. True that the appointees, on the strength of AnnexureA3 order dated 30.3.2017, include Lecturers who are not rank holders in the said list, as well. In the said circumstances, it is only appropriate to refer to the method of appointment prescribed for appointment to the post of Assistant Professor in the Department of Medical Education. In fact, there is no dispute on that aspect. Admittedly, the method of appointment provided under the relevant Government orders and the Dental Council of India Regulations, is direct recruitment and therefore, it is to be effected through the Kerala Public Service Commission. The qualification prescribed therefor is post-graduation in the discipline concerned and three years' teaching experience. It is also not in dispute that in Government Medical and Dental Colleges there are only three teaching grades namely, Assistant Professor, Associate Professor and Professor. Para 5.2 thereunder and G.O. dated 22.1.2013 enable re-designation of existing Senior Lecturers as Assistant Professors in O.P.(KAT)Nos.115, 116, 117, 235 & 387 of 2018 26 the discipline concerned in which they are working provided, they possess Post-graduate degree in the discipline concerned. They would also permit for continuance of Lecturers without Post-graduation in the discipline concerned, even without acquisition of post-graduate degree in that particular discipline concerned. True that vacancies in the post of Assistant Professor in all the different disciplines under the Government Medical and Dental Colleges were not reported to the PSC. But, at the same time, the fact is that appointment to the post of Assistant Professor which is presently the entry cadre of teaching staff under the Medical Education Service is to be made by direct recruitment through PSC. When that is the provision, vacancies are liable to be reported to the PSC to enable it to recruit suitable hands in accordance with law. At any rate, when vacancies were reported to PSC and the Commission was made to draw a ranked list after following due process of selection how can such vacancies be filled up by resorting to other means, ignoring the limited right of persons included in the ranked list for consideration for appointment against such vacancies notified and occurring during the currency of the said list, in the post concerned otherwise than in accordance with law. We are not oblivious of the fact that there is no indefeasible right for a person included in a ranked list solely due to his inclusion in such a ranked list, for appointment going by the exposition of law on that question. But, at the same time, when O.P.(KAT)Nos.115, 116, 117, 235 & 387 of 2018 27 those vacancies are filled up it cannot be effected ignoring the extant rules and the existing PSC list. This Court in **Girija's** case (supra) in unambiguous terms held that vacancies reported to PSC could not be filled up by other means. This is all the more necessary when a ranked list was drawn up and remaining valid. Therefore, how can the action in filling up the reported vacancies ignoring the existence of the ranked list dated 30.10.2017 be validated ? We will consider the question whether despite the said binding decision and the provision contained in the relevant Government orders referred hereinbefore prescribing appointment through PSC as the method of appointment and when the admitted position is that Dental Council of India Regulations also prescribe direct recruitment as the method of appointment how an order in the nature of Annexure-A3 could be passed that too, when going by the existing provisions Lecturers in Dentistry working in Government Medical and Dental Colleges could only be re-designated as Assistant Professors in the discipline concerned where they are working subject to the conditions enjoined therefor. No Government order was brought to our attention enabling re-designation of a Lecturer without post-graduation at the time of entry in service in a particular discipline and working in such a discipline, on acquisition of post-graduation in another speciality, as Assistant Professor in that discipline in which he acquired post graduation. So also, there is nothing on record which O.P.(KAT)Nos.115, 116, 117, 235 & 387 of 2018 28 would indicate that G.Os. dated 14.12.2009 and 22.1.2013, referred hereinbefore, were modified or altered or superseded so as to effect appointments in the manner for which sanction was accorded under Annexure-A3. So also, there is nothing on record which would reveal that the method of appointment was modified subsequently to enable recruitment to the post of Assistant Professor by other means in addition to direct recruitment. In that context, it is relevant to note that a contention was raised before the Tribunal as also before this Court that what was virtually resorted to, on the strength of AnnexureA3, is an appointment by deputation. In that context, it is to be noted that the said issue was considered by the Tribunal with reference to the decision of the Apex Court in **Ashok Kumar Ratilal Patel** v. **Union of India and another** reported in **(2012) 7 SCC 757** . In that decision the Hon'ble Apex Court considered the distinction between appointment on deputation and transfer on deputation. The relevant paragraphs viz., paragraphs 13 to 15 of the said decision were extracted by the Tribunal in the impugned common order and therefore, we do not think it necessary to extract them. They would go to show that the Apex Court held that transfer on deputations are usually made as against equivalent post from one cadre to another, one department to another, one organization to another and one Government to another, but, in such circumstances, the deputationists would get no legal right against O.P.(KAT)Nos.115, 116, 117, 235 & 387 of 2018 29 that post. This is because deputation in such circumstances does not involve the process of recruitment. At the same time, the position is different as regards appointment on deputation where a deputationist would accrue a right to get appointment. There is nothing on record which would reveal that prior to the appointment of persons based on Annexure-A3 dated 30.3.2017 a process of recruitment had taken place to make the process involved as appointment by deputation. 9. The next question is whether it can be taken as a transfer on deputation or in other words, deputation under Rule 9B of Part II, KS & SSR. As noticed hereinbefore, since the abolition of the post of Senior Lecturer and confining the right of Lecturers without postgraduation to continue in service and get re-designated as Assistant Professor on acquisition of post graduation in the discipline in which they were working in terms of the relevant Government orders, how they could be transferred on deputation to a higher post, overreaching the prescribed provisions mandating filling up of vacancies only by direct recruitment that too, without altering or modifying the existing Government order in the matter of re-designation of Lecturers. The answer can only be in the negative. In other words, it can only be said that in such circumstances, there cannot be transfer on deputation from the post of Lecturer in one discipline to the post of Assistant Professor in another discipline in the absence of an enabling provision. Yet O.P.(KAT)Nos.115, 116, 117, 235 & 387 of 2018 30 another contention of the Government, as also some of the appointees who are the beneficiaries of Annexure-A3 is that, what is involved in the matter of such appointment based on Annexure-A3 is a transfer under Rule 32 of Part II, KS & SSR. The said contention cannot be upheld for the simple reason that what was sanctioned under Annexure-A3 was not transfer of Lecturers in any particular discipline as Lecturers in another discipline. Sanction was accorded thereunder for appointment of Lecturers taking note of the report and recommendations referred therein, as Assistant Professors which is admittedly a higher post. That apart, Rule 32 cannot be taken as a provision enabling a person working in a lower grade to be transferred to a higher grade when admittedly, appointment by transfer is not provided as a method of appointment and the procedures even for an appointment by transfer was not followed. True that the power of normal transfer and the power for appointment by transfer are different and distinct. 10. We have carefully gone through the pleadings of official respondents, who are the petitioners in O.P.(KAT)No.387 of 2018, taken up in the original petition as also in their reply statement filed in O.A. (Ekm.)No.731 of 2017 and adopted in the other cases. There is no specific case for respondents 1 and 2 that Annexure-A3 was issued invoking the power exercisable under Rule 39 of Part II, KS & SSR. When there is no case for the authority competent to invoke Rule 39 of O.P.(KAT)Nos.115, 116, 117, 235 & 387 of 2018 31 Part II, KS & SSR viz., the Government that Annexure-A3 was issued in invocation of the power thereunder we are of the view that such a question does not crop up for consideration at all. True that the learned Government Pleader made a feeble attempt to canvass that it was passed under Rule 39 of Part II, KS & SSR it is to be noted that respondents 3 and 4 in O.A.(EKM)No.731 of 2017 are admittedly, holding lower rank than the applicants therein, in the ranked list drawn pursuant to Annexure-A1 notification. Naturally, they cannot aspire or obtain appointment as Assistant Professor ahead of the applicants therein by virtue of their rank position in the list concerned. How can the official respondents contend that appointing such persons or even persons not included in an existing list ignoring the existence of a valid PSC list, is the policy of the Government. Nothing is on record to establish existence of such a policy. Annexure-A3 did not speak about such a policy and hence, Annexure-A3 or the consequent orders cannot be said to be an outcome of a policy decision. On careful consideration, we are of the firm view that the Tribunal had considered all aspects in terms of the relevant provisions and decisions. 11. In the circumstances, we do not find any reason to hold that the Tribunal had erred in relying on the decision in **Girija's** case (supra) to hold that a vacancy reported to PSC could not be filled up by any other means especially when a ranked list published by the PSC is O.P.(KAT)Nos.115, 116, 117, 235 & 387 of 2018 32 in existence. Therefore, the filling up of vacancies in any particular post reported to PSC, ignoring the existence of a ranked list drawn by the PSC, cannot be given the stamp of approval. In such circumstances, interference with the appointment of respondents 3 and 4 in O.A. (Ekm.)No.731 of 2017 and also any other appointee based on Annexure-A3 who are holding ranks in the same list drawn by the PSC on 30.10.2017, solely on the ground of being Lecturers acquired PG qualification in the discipline concerned and not in accordance with their rank in the said list is only to be upheld. In respect of the others, in the absence of anything on record regarding invocation of the power under Rule 39, and in view of our finding on the power available under Rules 9B and 32 of Part II, KS & SSR we do not find any reason to interfere with the direction of the Tribunal to report such vacancies to the PSC, but, at the same time, we are inclined to modify the order in that regard for immediate reversion of such appointees to their parent departments as Lecturers, within the time stipulated in the impugned order so as to enable them to continue in the present post till they are substituted by appointees from a duly drawn PSC list, in public interest taking into account the stand of the official respondents regarding shortage of faculty members with prescribed qualifications in different disciplines. We make it clear that this order shall not be taken as a reason to delay reporting of vacancies in such discipline/disciplines O.P.(KAT)Nos.115, 116, 117, 235 & 387 of 2018 33 concerned to the PSC, to enable direct recruitment in accordance with law. Such vacancies shall be reported to PSC within two months from the date of receipt of copy of this judgment. We also make it clear that this order will not stand in the way of Government's power to create supernumerary posts, so as to accommodate the appointees based on Annexure-A3 dated 30.3.2017 without affecting the prospects of PSC hands. Subject to the above, these original petitions are dismissed. Sd/- **C.T.RAVIKUMAR Judge** Sd/- **V.G.ARUN Judge** TKS O.P.(KAT)Nos.115, 116, 117, 235 & 387 of 2018 34 ## **APPENDIX OF OP(KAT) 115/2018** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF ORIGINAL APPLICATION (EKM) NO.856 OF 2017 WITH ITS ANNEXURES.** - **EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED BY RESPONDENT NOS. 3,4,6 & 7 IN THE ABOVE ORIGINAL APPLICATION WITH ITS ANNEXURES.** - **EXHIBIT P3 TRUE COPY OF THE MISCELLANEOUS APPLICATION FOR IMPLEADING FILED BY RESPONDENTS 12 TO 14 DATED 29/10/2017.** - **EXHIBIT P4 TRUE COPY OF THE MISCELLANEOUS APPLICATION FOR IMPLEADING FILED BY RESPONDENTS 15 TO 18 DATED 30/11/2017** - **EXHIBIT P5 TRUE COPY OF THE REJOINDER FILED BY THE 3RD APPLICANT TO THE REPLY STATEMENT FILED BY RESPONDENT NOS. 3,4.6 & 7** - **EXHIBIT P6 TRUE COPY OF THE ORDER DATED 23/01/2018 IN O.A. (EKM) NO. 856/2017 OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM.** O.P.(KAT)Nos.115, 116, 117, 235 & 387 of 2018 35 ## **APPENDIX OF OP(KAT) 116/2018** ## **PETITIONERS' EXHIBITS:** **EXHIBIT P1 TRUE PHOTOCOPY OF OA(EKM) NO. 856/2017, KAT, ERNAKULAM BENCH.** **EXHIBIT P2 TRUE PHOTOCOPY OF MA 2373/2017 IN OA(EKM) NO. 856/2017, KAT, ERNAKULAM BENCH DATED 30.11.2017.** **EXHIBIT P3 TRUE PHOTOCOPY OF MA NO. 2140/2017 OA(EKM) NO. 856/2017, KAT, ERNAKULAM BENCH DATED 22.5.2017. EXHIBIT P4 TRUE PHOTOCOPY OF REPLY STATEMENT DATED 15.12.2017 FILED BY THE PETITIONERS AND OTHERS IN OA(EKM) NO. 856/2017, KAT, ERNAKULAM BENCH. EXHIBIT P5 TRUE PHOTOCOPY OF REPLY STATEMENT FILED BY RESPONDENTS 11 TO 14 IN OA(EKM)NO. 856/2017, KAT, ERNAKULAM BENCH DATED 13.12.2017. EXHIBIT P6 TRUE PHOTOCOPY OF REJOINDER DATED 17.12.2017 FILED BY THE APPLICANTS IN OA(EKM)NO.856/2017, KAT, ERNAKULAM BENCH. EXHIBIT P7 TRUE PHOTOCOPY OF REPLY STATEMENT FILED ON BEHALF OF THE FIRST RESPONDENT IN THE ORIGINAL APPLICATION DATED 24.11.2017 IN OA(EKM)NO.731/2017, KAT, ERNAKULAM BENCH. EXHIBIT P8 TRUE PHOTOCOPY OF REPLY STATEMENT DATED 23.11.2017 FILED BY THE 2ND RESPONDENT IN OA(EKM) NO. 731/2017, KAT, ERNAKULAM BENCH. EXHIBIT P9 TRUE PHOTOCOPY OF REPLY STATEMENT FILED BY RESPONDENTS 3 AND 4 IN OA(EKM) NO.731/2017, KAT, ERNAKULAM. EXHIBIT P10 TRUE PHOTOCOPY OF PROCEEDINGS OF DIRECTOR, MEDICAL EDUCATION, THIRUVANANTHAPURAM DATED 4.4.2017. EXHIBIT P11 TRUE PHOTOCOPY OF ORDER DATED 23.1.2018 IN OA(EKM)856/2017, KAT, ERNAKULAM.** O.P.(KAT)Nos.115, 116, 117, 235 & 387 of 2018 36 **EXHIBIT P12 TRUE PHOTOCOPY OF THE SPECIAL RULES FOR KERALA DENTAL EDUCATION SERVICE, SRO 1066/1975.** - **EXHIBIT P13 TRUE PHOTOCOPY OF PAY SLIP OF THE 2ND PETITIONER FOR THE MONTH OF MARCH 2017.** - **EXHIBIT P14 TRUE PHOTOCOPY OF PAY SLIP OF THE 2ND PETITIONER FOR THE MONTH OF APRIL 2017.** - **EXHIBIT P15 TRUE PHOTOCOPY OF PAY SLIP OF THE 2ND PETITIONER FOR THE MONTH OF MAY 2017.** - **EXHIBIT P16 TRUE PHOTOCOPY OF GAZETTE NOTIFICATION DATED 14/6/2016 CATEGORY 114/2016.** - **EXHIBIT P17 TRUE PHOTOCOPY OF PAGE NO.40 OF DENTAL COUNCIL OF INDIA, BDS COURSE REGULATIONS 2007.** O.P.(KAT)Nos.115, 116, 117, 235 & 387 of 2018 37 ## **APPENDIX OF OP(KAT) 117/2018** ## **PETITIONER'S EXHIBITS:** - **EXHIBIT P1 TRUE COPY OF THE O.A(EKM) NO. 731/2017 DATED 4.4.2017 BEFORE KERALA ADMINSITRATIVE TRIBUNAL, THIRUVANANTHAPURAM (ERNAKULAM BENCH).** - **EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT DATED 24.11.2017 BY 3RD & 4TH RESPONDENTS IN OA(EKM) NO. 731/2017.** **EXHIBIT P3 TRUE COPY OF REPLY STATEMENT BY 2ND RESPONDENT DATED 23.11.2017 IN OA (EKM) NO. 731/2017.** - **EXHIBIT P4 TRUE COPY OF REPLY STATEMENT DATED 24.7.2017 BY 1ST RESPONDENT.** - **EXHIBIT P5 TRUE COPY OF REPLY STATEMENT BY RESPONDENTS 5 TO 8 DATED 13.12.2017.** - **EXHIBIT P6 TRUE COPY OF REPLY STATEMENT DATED 10.12.2017 BY 10TH RESPONDENT.** - **EXHIBIT P7 TRUE COPY OF THE ORDER DATED 23.1.2018 IN O.A(EKM) 731/2017 PASSED BY THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM.** O.P.(KAT)Nos.115, 116, 117, 235 & 387 of 2018 38 ## **APPENDIX OF OP(KAT) 235/2018** ## **PETITIONERS' EXHIBITS:** **EXHIBIT P1 TRUE PHOTOCOPY OF OA(EKM)NO.2869/2017, KAT, ERNAKULAM BENCH.** **EXHIBIT P2 TRUE PHOTOCOPY OF ORDER DATED 23.1.2018 IN OA (EKM) 2869/2017, KAT, ERNAKULAM.** **EXHIBIT P3 TRUE COPY OF THE ORDER DATED 22.03.2018 IN OP(KAT) 116/18 OF THIS HON'BLE COURT.** O.P.(KAT)Nos.115, 116, 117, 235 & 387 of 2018 39 ## **APPENDIX OF OP(KAT) 387/2018** ## **PETITIONERS' EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE OA.(E)NO.731/2017 ALONG WITH ANNEXURES.** **EXHIBIT P2 TRUE COPY OF REPLY STATEMENT FILED BY THE 1ST PETITIONER HEREIN.** **EXHIBIT P3 TRUE COPY OF REPLY STATEMENT FILED BY THE 2ND PETITIONER HEREIN.** **EXHIBIT P4 TRUE COPY OF THE REPLY STATEMENT FIELD BY RESPONDENTS 3 & 4 ALONG WITH ANNEXURES.** **EXHIBIT P5 TRUE COPY OF THE REPLY STATEMENT OF RESPONDENTS 5 TO 8 ALONG WITH ANNEXURES.** - **EXHIBIT P6 TRUE COPY OF THE REPLY STATEMENT OF OF 10TH RESPONDENT ALONG WITH ANNEXURES.** **EXHIBIT P7 TRUE COPY OF THE ORDER OF THE KERALA ADMINISTRATIVE TRIBUNAL IN OA(E) 731/2017 AND CONNECTED CASES DATED 23.1.2018.** TKS