OP(KAT) Nos.149 & 172/2021: Dr. Ronald Win B. v State of Kerala & Others; Dr. B. Jayaprakash B. v State of Kerala & Others

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **&** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 20[TH] DAY OF OCTOBER 2022 / 28TH ASWINA, 1944 OP(KAT) NO. 149 OF 2021 ORDER DATED 09.03.2021 IN OA 10/2019 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONER/1ST RESPONDENT IN O.A.:** DR.RONALD WIN.B AGED 54 YEARS S/O.BENEDICT, ASSOCIATE PROFESSOR, PULMONARY MEDICINE, GOVERNMENT MEDICAL COLLEGE, THIRUVANANTHAPURAM-695 011 BY ADV ELVIN PETER P.J. ## **RESPONDENTS/APPLICANT & RESPONDENTS 2 TO 5 IN O.A.:** 1 DR.JAYAPRAKASH B. AGED 58 YEARS S/O.BALAKRISHNAPILLAI, ASSOCIATE PROFESSOR, PULMONARY MEDICINE, GOVERNMENT MEDICAL COLLEGE, THIRUVANANTHAPURAM-695 011, RESIDING AT DEEPTHI, T C 29/37, M.K.NAIR ROAD, PETTAH P.O, THIRUVANANTHAPURAM. 2 THE STATE OF KERALA REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001 3 THE DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM-695 011 4 THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, THIRUVANANTHAPURAM, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM-695 011 5 THE CONVENER, DEPARTMENTAL PROMOTION COMMITTEE (HIGHER), 2 O.P.(KAT)Nos.149 & 172/2021 PULMONARY MEDICINE, MEDICAL EDUCATION DEPARTMENT AND THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001 BY ADV SRI.V.M.KRISHNAKUMAR SR ADV.SRI.RENJITH THAMPAN, SRI.BIJOY CHANDRAN, GOVERNMENT PLEADER THIS OP (KAT) HAVING COME UP FOR ADMISSION ON 20.10.2022, ALONG WITH OP(KAT).172/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 3 O.P.(KAT)Nos.149 & 172/2021 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **&** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 20[TH] DAY OF OCTOBER 2022 / 28TH ASWINA, 1944 OP(KAT) NO. 172 OF 2021** **ORDER DATED 09.03.2021 IN OA 1196/2018 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** **PETITIONER/APPLICANT IN O.A.:** DR.RONALD WIN B., AGED 55 YEARS S/O.BENEDICT, WORKING AS ASSOCIATE PROFESSOR (PULMONARY MEDICINE), ADDITIONAL PROCESSOR (CAP), GOVERNMENT MEDIAL COLLEGE, THIRUVANANTHAPURAM695011, RESIDING AT T.C. 1/931, TLRA-19, KUMARAPURAM MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695011. BY ADVS. ELVIN PETER P.J. K.R.GANESH SIDHARTH SUDHEER GOURI BALAGOPAL ## **RESPONDENTS/RESPONDENTS IN O.A.:** 1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HEALTH AND FAMILY WELFARE (MEDICAL EDUCATION) DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695011. 3 CONVENOR, DEPARTMENTAL PROMOTION COMMITTEE, DIRECTORATE OF 4 O.P.(KAT)Nos.149 & 172/2021 MEDICAL EDUCATION, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695011. 4 PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, MEDICAL COLLEGE P.O. THIRUVANANTHAPURAM-695011. 5 DR.B.JAYAPRAKASH B., ASSOCIATE PROFESSOR, DEPARTMENT OF PULMONARY MEDICINE, GOVERNMENT MEDICAL COLLEGE, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695011. THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 20.10.2022, ALONG WITH OP(KAT).149/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 5 O.P.(KAT)Nos.149 & 172/2021 ## **JUDGMENT** ## **A.K.Jayasankaran Nambiar, J.** The applicant in O.A.No.1196 of 2018, Dr.Ronald Win.B. is the petitioner in both the Original Petitions aggrieved by the common order dated 09.03.2021 of the Tribunal in O.A.Nos.1196 of 2018 and 10 of 2019. The brief facts necessary for disposal of these O.P.(KAT)s are as follows : The applicant in O.A.No.1196 of 2018 Dr.Ronald Win, and the applicant in O.A.No.10 of 2019, Dr.B.Jayaprakash, are working as Associate Professor in the Medical Education Department. They are both aspirants for promotion to the post of Professor in the Department of pulmonary medicine. A vacancy to the post arose with effect from 19.07.2017 and it is to the said vacancy that the candidature for promotion is to be considered. The issue on which disputes arose between the parties was with regard to the acceptability of the research publications rendered by both of them for the purposes of considering their eligibility to the post of Professor. As per Annexure A7 Regulations (Minimum Qualifications for Teachers in Medical Institution Regulations, 1998) promulgated by the Medical Council of India, in accordance with the powers conferred by Section 33 of the Indian 6 O.P.(KAT)Nos.149 & 172/2021 Medical Council Act 1956, the academic qualification required for a person aspiring for the post of Professor is “Post Graduate Qualification -MD/MS in the concerned subject and as per the TEQ regulation”. The teaching and research experience contemplated for the post is that the candidate should be an Associate Professor in the subject for three years in a permitted/approved/recognised Medical College/ Institution with four research publications in indexed journals on cumulative basis with a minimum of two research publications during the tenure of Associate Professor as first author or as corresponding author. 2. As already noticed, the issue between the two parties being in relation to the admissibility of their respective research publications for the purposes of reckoning their teaching and research experience for promotion, the matter was referred to various committees constituted in terms of the Medical Council of India regulations. While initially the issue was considered by a three member expert committee, at a later point of time the issue came to be considered by a six member expert committee which found that publication Nos.2 to 4 of Dr.Ronald Win was not acceptable since he was involved in the study only as a guide to P.G. students who were the actual researchers and it was ethically incorrect to publish these studies as the first author. With regard 7 O.P.(KAT)Nos.149 & 172/2021 to the first paper of Dr. Ronald Win, it was found that there was no evidence to prove that he had participated in the study. In relation to Dr.Jayaprakash, the same committee found that papers mentioned against Sl.Nos.2, 3, 5 and 6 could be accepted as there was nothing contrary to the existing norms. But, the publication offered at Sl.No.7 was not acceptable. Aggrieved by the adverse findings of the expert committee in relation to the papers offered by him, Dr.Ronald Win preferred a complaint before the State Government and based on the observations made by the State Government in response to the said complaint, the matter was once again considered by the six member expert committee. This time round the six member expert committee by an order dated 02.02.2019 [Annexure R1(24)] found that the publications mentioned against Sl.Nos.2, 3, 4 and 5 by Dr.Ronald Win was acceptable in view of the observations in the Government Order, and likewise the four publications mentioned at Sl.Nos.1, 2, 3, and 6 of Dr.Jayaprakash were also acceptable. Taking note of the said revised opinion of the six member expert committee, the Government, which was obliged to pass orders relating to the acceptability of the publications and consequent direction for holding the DPC, on account of Annexure A9 order of the Tribunal dated 22.05.2018 in an earlier round of litigation, found that the 8 O.P.(KAT)Nos.149 & 172/2021 four research papers offered by both the candidates could be accepted for the purposes of considering their candidature for promotion. The Government by the same order also directed the Medical Council to convene the DPC for effecting promotion (Annexure A23). The said Government Order was impugned by Dr.Jayaprakash in his application before the Tribunal (O.A.No.10 of 2019). The Tribunal considered the said Original Application along with Original Application No.1196 of 2018 that was earlier preferred by Dr.Ronald Win, seeking a direction to the respondents to effect the promotion expeditiously, and proceeded to pass the order impugned in these O.P.(KAT)s. 3. On a perusal of the impugned order of the Tribunal, we find that the Tribunal essentially accepted the contention of Dr.Jayaprakash by finding that the Government had erred in relying on the second six member expert committee report that found the four research papers offered by both the candidates as acceptable in connection with consideration of their candidature for promotion as Professors. The Tribunal was of the opinion that inasmuch as the second six member expert committee had plainly acted under the directions of the Government, their revised opinion could not be seen as an independent expert opinion for the purposes of deciding the issue of admissibility of the research 9 O.P.(KAT)Nos.149 & 172/2021 papers for the purposes of promotion. The Tribunal therefore set aside Annexure A23 order as legally unsustainable. It was also found in that connection that the thesis submitted for acquiring Post Graduate qualification could not be accepted as a valid research publication for the purposes of the rules. The Tribunal thereafter directed the State Government to constitute a committee headed by the Director of Medical Education and consisting of qualified medical experts for assessing the acceptability of research publications of Medical Officers for the purposes of their career advancement. The committee was given the liberty to make their assessment based on rules and regulations with Medical Council of India in a professional and independent manner. There is also a direction to the DPC to prepare a select list for promotion based on the assessment aforementioned to the post of Professor (Pulmonary Medicine). A time limit was also fixed for compliance with the said direction. 4. Before us it is the submission of Sri.K.R.Ganesh, learned counsel appearing for the petitioner, in both the O.P.(KAT)s that the Tribunal ought not to have set aside Annexure A23 order of the Government inasmuch as the Government had only acted on the opinion of the six member expert committee that had considered the issue of admissibility of the research publications for the 10 O.P.(KAT)Nos.149 & 172/2021 purposes of promotion. It is his further case that although it may be a fact that the Government had on an earlier occasion issued directions to the six member committee to revisit its earlier opinion based on the observations/directions issued by it in the said communication, the six member expert committee that revisited their earlier opinion was in all senses an independent body, and if they chose to act on the observations/directions of the Government then their opinion had to seen as one that they chose to give by modifying their earlier opinion and not as an opinion that was vitiated on account of dictation by the Government. He also points out that at any rate the revised six member committee expert opinion was never impugned by Dr.Jayaprakash in any legal proceedings. As regards the finding of the Tribunal with regard to the acceptability of the research publication which was based on a thesis submitted for acquiring Post Graduate qualification, it is his submission that the rules only required the publication of a research paper after appointment to the post of Associate Professor and in the instant case that requirement was never breached by the petitioner. 5. Per contra, it is the submission of the learned senior counsel Sri.Renjith Thampan, assisted by Sri.Krishna Kumar appearing on behalf of Dr.Jayaprakash that the order of the 11 O.P.(KAT)Nos.149 & 172/2021 Tribunal did not require to be interfered with. He points out that the Tribunal was justified in setting aside Annexure A23 order of the Government that was impugned in the O.A. since the second six member committee that reviewed its earlier opinion was effectively acting under dictation of the Government and assumed that they had no choice, but to accept the views of the Government while forming the opinion that it did while reviewing their earlier opinion. He also points out that the requirement of publication of two research papers in indexed journals is one that has to be complied with well before the date of arising of the vacancy, namely, 19.07.2017. 6. On a consideration of the rival submission, we are of the view that the Tribunal order, inasmuch as it set aside Annexure A23 order of the Government, cannot be legally sustained. While the Tribunal found that the second opinion of the six member expert committee was essentially based on the directions/ observations of the Government in their communication dated 31.07.2018 (Annexure A18), the Tribunal overlooked the fact that the second opinion dated 02.02.2019 of the six member expert committee was nevertheless an expert opinion formed by the committee after taking note of the observations/directions of the Government. We say so because we cannot see the six member 12 O.P.(KAT)Nos.149 & 172/2021 expert committee as a body that was obliged to act on the directions of the Government. As an expert body, it definitely had the discretion to either accept or reject the observations/directions of the Government in Annexure A18 communication. The committee having chosen to change their views in the subsequent opinion rendered on 02.02.2019, the Government could not be faulted for having accepted the views of the expert committee while passing Annexure A23 order that was impugned before the Tribunal. This is all the more so because, as already noted earlier, the second opinion of the expert committee was never impugned by Dr.Jayaprakash in any proceedings. In the result, we find that the Tribunal was clearly in error in setting aside Annexure A23 order of the Government that had merely acted upon the opinion of an expert body. 7. We must next consider the issue as to the interpretation to be placed on the provision in the rules which specifies the requirement of four research publications in indexed journals on cumulative basis with a minimum of two research publications during the tenure of Associate Professor as first author or its corresponding author. The submission made before us by the learned counsel for the petitioner is essentially that the requirement of publication of two research papers during the 13 O.P.(KAT)Nos.149 & 172/2021 tenure of Associate Professor had to be necessarily before the date of arising of the vacancy in the post of Professor, which in the instant case was 19.07.2017. He places reliance on the judgments in **Varghese and others v. State of Kerala and others** [1981 KHC 148] : [1981 KLT SN 83] and **Padmanabhan Nair v. Dy.Director** [1991 KHC 108] : [1991 (1) KLT 337] to substantiate his contention that the qualifications required for a post have necessarily to be possessed before the date of arising of the vacancy in the promotion post. We have no doubt as regards the settled position in service law that an aspirant to a post by way of promotion must necessarily satisfy the qualification requirements for the post as on the date of occurrence of the vacancy in the promotion post. However, we find that the instant is a case where the rules in force mandate a different treatment with regard to a particular requirement that forms part of the qualifications. While there is no dispute with regard to the academic qualifications to be possessed by a candidate as also the requirement of completion of three years as an Associate Professor, both of which have to be possessed by 19.07.2017, the issue arises in connection with the requirement of publication of research papers in indexed journals. While the requirement is that four research publications have to be effected in indexed journals on cumulative basis and a minimum of 14 O.P.(KAT)Nos.149 & 172/2021 two of those have to be during the tenure of Associate Professor, we believe that the use of the phrase “during the tenure of Associate Professor” carves out an exception to the general rule specified in the decisions referred above. In other words, we are of the view that the publication of the research papers need not coincide with the date of arising of the vacancy in the post of Professor (19.07.2017). To hold otherwise would render meaningless the phrase “during the tenure of Associate Professor”. It is trite that a person aspiring for promotion as Professor would continue in tenure as Associate Professor till such time as he is considered for promotion as Professor and is appointed as such. That apart we are also of the view that in the interest of securing a candidate who has published more research papers of recent vintage, a wider interpretation in the manner suggested above would further the objective sought to be achieved by the recruitment rules in question. We are also not unmindful of the delays that can be occasioned in matters of publication of research papers and hence merely because there is a delay in the publication of a research paper which was submitted much earlier in point of time, the aspirant to the promotion post should not be deprived of the benefit of the research paper for the purposes of being considered for promotion. 15 O.P.(KAT)Nos.149 & 172/2021 8. In the result, we allow these O.P.(KAT)s by setting aside the impugned order of the Tribunal in the light of the observations/discussions above. Consequently we uphold Annexure A23 order of the Government and direct the Government to convene the DPC and consider the candidature of the petitioner Dr.Ronald Win and the respondent Dr.B.Jayaprakash in accordance with the rules and in the light of the observations made in this judgment. The Government shall ensure that the DPC is convened and the promotions effected within three months from the date of receipt of a copy of this judgment. Taking note of the submissions of the learned Government Pleader that during the pendency of these O.P.(KAT)s, the DPC had actually convened on 12.03.2019 and selected Dr.Ronald Win for the post of Professor, we make it clear that the said DPC proceedings shall not be given effect to and the Government shall comply with the directions in this judgment with regard to convening of the DPC and effecting promotions thereafter. Sd/- ## **A.K.JAYASANKARAN NAMBIAR JUDGE** ## Sd/- **MOHAMMED NIAS C.P. JUDGE** csl 16 O.P.(KAT)Nos.149 & 172/2021 ## **APPENDIX OF OP(KAT) 172/2021** PETITIONER'S EXHIBITS |Exhibit P1|TRUE PHOTOCOPY OF THE OA NO.1196/2018| |---|---| ||FILED BY THE PETITIONER BEFORE THE KERALA| ||ADMINISTRATIVE TRIBUNAL,| ||THIRUVANANTHAPURAM DATED 03/07/2018.| |Annexure A1|TRUE COPY OF THE RELEVANT PAGES OF| ||MEDICAL COUNCIL OF INDIA MINIMUM| ||QUALIFICATIONS FOR TEACHERS IN MEDICAL| ||INSTITUTIONS REGULATIONS, 1998 (AMENDED| ||UPTO 8TH JUNE 2017)| |Annexure A2|TRUE COPY OF DETAILED STATEMENT/| ||EXPLANATION SUBMITTED BY THE APPLICANT| ||BEFORE THE ENQUIRY COMMITTEE DATED| ||08/08/2017.| |Annexure A3|TRUE COPY OF THE ENQUIRY REPORT DATED| ||29/08/2017 OF HOD SUBMITTED BEFORE THE| ||PRINCIPAL.| |Annexure A4|TRUE COPY OF THE E-MAIL COMMUNICATION| ||BETWEEN THE APPLICANT AND DR. GUNASEELAN| ||DATED 28/07/2017.| |Annexure A4(a)|TRUE COPY OF QUESTIONNAIRE DATED| ||17/03/2018 SUBMITTED BY THE RELATIVE OF| ||APPLICANT BEFORE THE INFORMATION OFFICER,| ||GOVERNMENT MEDICAL COLLEGE,| ||THIRUVANANTHAPURAM.| |Annexure A4(b)|TRUE COPY OF INFORMATION RECEIVED VIDE| ||NO. B2-8600/2018/GMCT (GOVERNMENT MEDICAL| ||COLLEGE, THIRUVANANTHAPURAM) DATED| ||16/04/2018.| |Annexure A5|TRUE COPY OF INFORMATION RECEIVED FROM| ||THE PUBLIC INFORMATION OFFICER GOVERNMENT| ||MEDICAL COLLEGE NO. G1/21596/2017/MCT| ||DATED 17/08/2017.| |Annexure A6|TRUE COPY OF ORDER DATED 22/05/2018 IN OA| ||2349/2017 PASSED BY THIS HONOURABLE| 17 O.P.(KAT)Nos.149 & 172/2021 TRIBUNAL. - Annexure A7 TRUE COPY OF COMMUNICATION NO. G2/21935/2017/GMCT DATED 24/04/2018 OF THE PRINCIPAL. - Annexure A8 TRUE COPY OF ADDITIONAL REPORT DATED 22/05/2018. - Annexure A9 TRUE COPY OF FORWARDING LETTER NO. DPC 1/23481/2017/DME DATED 05/06/2018 OF THE DIRECTOR. - Annexure A10 TRUE COPY OF THE MINUTES OF THE MEETING OF THE ENQUIRY COMMITTEE HELD ON 01/06/2018. - Annexure A11 TRUE COPY OF QUESTIONNAIRE DATED 10/05/2018 SUBMITTED BEFORE THE INFORMATION OFFICER, OFFICE OF THE PRINCIPAL, MEDICAL COLLEGE, TRIVANDRUM. - Annexure A12 TRUE COPY OF ANSWER RECEIVED VIDE LETTER DATED G1/13242/2018/GMCT DATED 11/06/2018 FROM GOVERNMENT MEDICAL COLLEGE, THIRUVANANTHAPURAM. - Annexure A13 TRUE COPY OF CIRCULAR NO. DPC1/23481/2018/DME (DIRECTOR OF MEDICAL EDUCATION) DATED 05/06/2018 BY THE DME. - Annexure A14 TRUE COPY OF RESEARCH ARTICLE PUBLISHED IN THE VOLUME 5 AND ISSUE 8 OF AUGUST 2017 OF JMSCR JOURNAL (JOURNAL OF MEDICAL SCIENCE AND CLINICAL RESEARCH). - Annexure A14(a) TRUE COPY OF UNDATED CERTIFICATE ISSUED BY THE GUIDE AND CO-GUIDE STATING THAT ANNEXURE A14 STUDY HAS BEEN DONE BY THE APPLICANT. - Annexure A14(B) TRUE COPY OF FRONTISPIECE OF THE THESIS SUBMITTED BY THE APPLICANT IN THE YEAR 2004. - Annexure A15 TRUE COPY OF REPRESENTATION SUBMITTED 18 O.P.(KAT)Nos.149 & 172/2021 ||BEFORE THE 1ST RESPONDENT DATED| |---|---| ||16/06/2018.| |Annexure A16|TRUE COPY OF THE MINUTES OF THE DPC WHICH| ||WAS HELD ON 19/10/2017.| |Annexure A17|TRUE COPY OF THE CONSENT LETTER ISSUED BY| ||DR. KAMALA, THE RESEARCHER OF THE FIRST| ||ARTICLE MENTIONED IN ANNEXURE-A8.| |Annexure A18|TRUE COPY OF THE CONSENT LETTER ISSUED BY| ||DR. SMITHA, THE RESEARCHER OF THE SECOND| ||ARTICLE MENTIONED IN ANNEXURE-A8.| |Annexure A19|TRUE COPY OF THE CONSENT LETTER ISSUED BY| ||DR. SINDHU, THE RESEARCHER OF THE THIRD| ||ARTICLE MENTIONED IN ANNEXURE -A8.| |Annexure A20|TRUE COPY OF CONSENT LETTER ISSUED BY DR.| ||MINU KRISHNAN, THE RESEARCHER OF THE| ||FOURTH ARTICLE MENTIONED IN ANNEXURE-A8.| |Exhibit P2|PHOTOCOPY OF THE REPLY STATEMENT DATED| ||31/07/2018 FILED BY THE 5TH RESPONDENT| ||TOGETHER WITH ANNEXURES IN OA| ||NO.1196/2018.| |Annexure R5|COPY OF GO(RT) NO.850/2013/H&FWD DATED| ||14/03/2013.| |Annexure R5(a)|COPY OF MINUTES OF DPC (HIGHER) HELD ON| ||19/10/2017.| |Annexure R5(b)|COPY OF LETTER (COMPLAINT) DATED| ||17/07/2017 OF R5 ADDRESSED TO 2ND| ||RESPONDENT.| |Annexure R5(c)|COPY OF THE ENQUIRY REPORT OF THE| ||COMMITTEE DTED 15/09/2017.| |Annexure R5(d)|COPY OF LETTER OF 5TH RESPONDENT DATED| ||26/02/2018 ADDRESSED TO THE 2ND| ||RESPONDENT.| |Annexure R5(e)|COPY OF CERTIFICATE ISSUED BY THE| 19 O.P.(KAT)Nos.149 & 172/2021 ||PRINCIPAL ACADEMY OF MEDICAL SCIENCE.| |---|---| |Annexure R5(f)|COPY OF LETTER DATED 28/02/2018 OF DR.| ||GUNASEELAN G. TO THE PRINCIPAL, MEDICAL| ||COLLEGE, THIRUVANANTHAPURAM.| |Annexure R5(g)|COPY OF REPRESENTATION DATED 18/05/2018| ||OF THE 5TH RESPONDENT ADDRESSED TO| ||ADDITIONAL CHIEF SECRETARY TO GOVERNMENT| ||(H&FWD).| |Annexure R5(h)|COPY OF INTERIM ORDER OF THIS HON'BLE| ||TRIBUNAL DATED 04/04/2018 IN OA 2349/2017| ||FILED BY THE APPLICANT.| |Annexure R5(i)|COPY OF THE ADDITIONAL REPORT OF THE| ||ENQUIRY COMMITTED OBTAINED BY THE R5| ||UNDER TRI ACT, 2005.| |Exhibit P3|TRUE PHOTOCOPY OF THE ORDER DATED| ||09/03/2021 IN OA NO.1196/2018 OF THIS| ||HON'BLE TRIBUNAL.| 20 O.P.(KAT)Nos.149 & 172/2021 ## **APPENDIX OF OP(KAT) 149/2021** PETITIONER'S ANNEXURES - Exhibit P1 COPY OF THE O.A.NO.10/2019 FILED BY THE 1ST RESPONDENT BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM - Annexure A1 COPY OF G.O.(RT.)850/13 H & FWD DATED 14.3.2013 - Annexure A2 COPY OF ENQUIRY REPORT DT. 15/9/2017 OF THE 3RD MEMBER COMMITTEE. - Annexure A3 COPY OF LETTER DT. 26/02/2018 OF THE ORIGINAL APPLICANT TO THE 3RD RESPONDENT. - Annexure A4 COPY OF LETTER JR. NO.406/2010 FEB. 14TH 2011 OF THE EDITOR JAPI. - Annexure A5 COPY OF THE UNDATED CERTIFICATE ISSUED BY DR.SUDHEENDRA GHOSH PROFESSOR AND HOD, TV & RESPIRATORY DISEASES, MEDICAL COLLEGE, THIRUVANANTHAPURAM PRODUCED AS A14a IN O.A.1196/2018 BY R1. - Annexure A6 COPY OF THE FRONT IS PIECE (FRONT PAGE) OF THE POST GRADUATE THESIS OF R1 PRODUCED AS ANNEXURE-A14 b IN O.A.1196/2018. - Annexure A7 COPY OF THE EXTRACT OF MEDICAL COUNCIL OF INDIA AMENDMENT REGULATION 2017 DT. 5TH JUNE 2017. - Annexure A8 COPY OF THE MINUTES OF THE DPC (HR.), HELD ON 19/10/2017. - Annexure A9 COPY OF ORDER OF THIS HON. TRIBUNAL IN O.A.2349/2017 DT. 22/05/2018. - Annexure A10 COPY OF THE LETTER DT. 01/02/2018 OF DR.THOMAS IYPE ALONG WITH THE FORWARDING LETTER OF THE 4TH RESPONDENT TO THE 3RD 21 O.P.(KAT)Nos.149 & 172/2021 - RESPONDENT OBTAINED BY THE ORIGINAL APPLICANT UR. RI ACT 2005. - Annexure A11 COPY OF THE ADDITIONAL ENQUIRY REPORT DT. 21/04/2018 OBTAINED BY THE APPLICANT UR. RI ACT. - Annexure A12 COPY OF THE FABRICATED VERSION OF THE ADDITIONAL ENQUIRY REPORT DT. 13/03/2018 ALONG WITH THE FORWARDING LETTER NO.G2/21935/2017/GMCT DT. 24/04/2018 OF THE 4TH RESPONDENT ADDRESSED TO THE 3RD RESPONDENT. - Annexure A13 COPY OF THE FORWARDING LETTER NO.DPC.1/23481/2017 MEDICAL EDUCATION DIRECTOR DT. 05/06/2018 ALONG WITH THE COPY OF THE MINUTES OF THE MEETING HELD ON 01/06/2018. - Annexure A14 COPY OF THE COMPLAINT DT. 16/06/2018 BY THE 1ST RESPONDENT BEFORE THE SECRETARY H & FWD. - Annexure A15 COPIES OF THE PROFORMAE CERTIFYING THE ARTICLES SUBMITTED BY THE APPLICANT BEFORE THE NODAL OFFICER, SBMR OF GMCT, THIRUVANANTHAPURAM. - Annexure A16 COPY OF HEARING NOTE HANDED OVER BY THE ORIGINAL APPLICANT DURING THE HEARING ON 26/07/2018. - Annexure A17 COPY OF REPRESENTATION DT. 18/05/2018 FILED BY THE ORIGINAL APPLICANT BEFORE THE 2ND RESPONDENT. - Annexure A18 COPY OF THE LETTER H&FWD-S2/295/2017 H&FWD DT. 31/07/2018 OF THE 2ND RESPONDENT. - Annexure A19 COPY OF THE HEARING NOTE OF THE ADDITIONAL SECRETARY H&FWD DT. 26/07/2018, FILE HEALTH S2/295/2017HEALTH. 22 O.P.(KAT)Nos.149 & 172/2021 |Annexure A20|COPY OF MA.319/2018 IN O.A.2349/2017| |---|---| ||FILED BY THE 1ST RESPONDENT.| |Annexure A21|COPY OF THE ARTICLE CO-EXISTENT PULMONARY| ||TUBERCULOSIS AND BRONCHOGENIC CARCINOMA| ||IS AN ORIGINAL ARTICLE PUBLISHED IN| ||JOURNAL INDIAN PRACTITIONER IN OCTOBER| ||2001.| |Annexure A22|COPY OF THE NOTE DT. 31/08/2018 HANDED| ||OVER BY THE ORIGINAL APPLICANT BEFORE THE| ||6 MEMBER ENQUIRY TEAM ON 31/08/2018.| |Annexure A23|COPY OF G.O.(RT) NO.398/2019.| |Annexure A24|COPY OF ORIGINAL ARTICLE 'ETIOLOGY AND| ||CLINICAL OUTCOME OF NON RESOLVING| ||PNEUMONIA IN A TERTIARY CARE CENTRE'.| |Annexure A25|COPY OF ARTICLE 'DIAGNOSTIC VALUE OF| ||ADENOSINE DEAMINASE (ADA) IN TUBERCULOUS| ||PLEURAL EFFUSION'.| |Annexure A26|COPY OF ARTICLE 'DEVELOPING A SCORING| ||SYSTEM IN THE DIAGNOSIS OF TUBERCULOUS| ||PLEURAL EFFUSION'.| |Exhibit P2|PHOTOCOPY OF THE REPLY STATEMENT DATED| ||03/06/2019 FILED BY THE PETITIONER/1ST| ||RESPONDENT TOGETHER WITH ANNEXURES IN| ||O.A.NO.10/2019.| |Annexure R1(1)|TRUE COPY OF THE GOVERNMENT ORDER G.O.| ||(RT) NO.431/2018/H&FWD DATED 05/02/2018.| |Annexure R1(a)A|TRUE COPY OF THE COMPLAINT/LETTER DATED| ||17/07/2017 SUBMITTED BEFORE THE DME.| |Annexure R1(2)|TRUE COPY OF REPORT OF HOD, DEPARTMENT OF| ||PULMONARY MEDICINE, GOVERNMENT MEDICAL| ||COLLEGE, TRIVANDRUM DATED 29/08/2017.| |Annexure R1(3)|TRUE COPY OF THE QUESTIONNAIRE UNDER RI| ||ACT DATED 22/01/2019.| 23 O.P.(KAT)Nos.149 & 172/2021 - Annexure R1(4) TRUE COPY OF THE INFORMATION RECEIVED DATED 05/02/2017. - ANNEXURE R1(5) TRUE COPY OF THE FORWARDING LETTER DATED 29/09/2017. - ANNEXURE R1(6) TRUE COPY OF THE MINUTES OF THE DPC DATED 19/10/2017 ALONG WITH ANNEXURS. - ANNEXURE R1(7) TRUE COPY OF THE RESEARCH PUBLICATION DETAILS ISSUED BY THE NODAL OFFICER, STATE BOARD OF MEDICAL RESEARCH (SBMR) DATED 11/04/2017. - ANNEXURE R1(8) TRUE COPY OF THE RESEARCH PUBLICATION DETAILS ISSUED BY THE NODAL OFFICER, STATE BOARD OF MEDICAL RESEARCH (SBMR) DATED 20/10/2017. - ANNEXURE R1(9) TRUE COPY OF THE UNDATED PUBLICATION DETAILS OF DR.JAYAPRAKASH ISSUED BY THE NODAL OFFICER SBMR. - ANNEXURE R1(10) TRUE COPY OF THE PUBLICATION DETAILS OF DR.JAYAPRAKASH ISSUED BY THE NODAL OFFICER SBMR DATED 08/11/2017. - ANNEXURE R1(11) TRUE COPY OF THE 3 MEMBER COMMITTEE FINAL REPORT DATED 22/05/2018. - ANNEXURE R1(12) TRUE COPY OF CIRCULAR DPC- - 1/23481/2018/DME DATED 05/06/2018 ISSUED BY THE DME. - ANNEXURE R1(13) TRUE COPY OF SIX MEMBER COMMITTEE REPORT DATED 05/06/2018. - ANNEXURE R1(14) TRUE COPY OF THE QUESTIONNAIRE UNDER RI ACT DATED 10/05/2018. - ANNEXURE R1(14)A TRUE COPY OF THE INFORMATION RECEIVED UNDER RI ACT DATED 11/06/2018. - ANNEXURE R1(15) TRUE COPY OF LETTER NO.S2/295/2017 H&FWD DATED 31/07/2018 ISSUED BY THE 24 O.P.(KAT)Nos.149 & 172/2021 GOVERNMENT. - ANNEXURE R1(16) TRUE COPY OF THE LETTER DATED 09/01/2018 ISSUED BY THE FORMER HOD DR.SUDEENDRA GHOSH. - ANNEXURE R1(17) TRUE COPY OF RELEVANT PAGE OF THE GUIDELINES PUBLISHED IN THE "INTERNATIONAL COMMITTEE OF MEDICAL JOURNAL EDITORS". - ANNEXURE R1(18) TRUE COPY OF GOVERNMENT ORDER G.O.(RT) NO.398/2019/H&FWD DATED 18/02/2019 ISSUED IN COMPLIANCE OF THE ORDER OF THIS TRIBUNAL DATED 22/05/2018 IN OA NO.2349/17. - ANNEXURE R1(19) TRUE COPY OF THE MCI CIRCULAR FOR CLARIFICATION ON RESEARCH PUBLICATIONS IN THE MATTER OF PROMOTION FOR TEACHING FACULTIES DATED 03/09/2015. - ANNEXURE R1(20) TRUE COPY OF THE DOWNLOADED COPY OF THE CLARIFICATION REGARDING THE ELIGIBILITY QUALIFICATION OF TEACHERS FROM THE WEBSITE OF MCI. - ANNEXURE R1(21) TRUE COPY OF CONSENT LETTER OF DR.KAMALA DATED 27/05/2016. - ANNEXURE R1(22) TRUE COPY OF THE CORRESPONDENCE/COMMUNICATIONS WITH THE EDITOR OF "JOURNAL OF EVOLUTION OF MEDICAL AND DENTAL SCIENCES" DATED 25/07/2016. ANNEXURE R1(23) TRUE COPY OF THE LETTER D.P.C. 1/23481/2017 DME DATED 21/01/2019 ALONG WITH THE FORWARDING LETTER UNDER RTI ACT DATED 06/03/2019. ANNEXURE R1(23)A TRUE COPY OF THE FORWARDING LETTER DATED 06/03/2019 FROM THE INFORMATION OFFICER, GOVT.MEDICAL COLLEGE, TVPM. 25 O.P.(KAT)Nos.149 & 172/2021 - ANNEXURE R1(24) TRUE COPY OF COVERING LETTER NO.D.P.C.1/23481/2017/DME DATED 02/02/2019 OF THE DME. - ANNEXURE R1(25) TRUE COPY OF QUESTIONNAIRE DATED 15/04/2019 SUBMITTED BEFORE THE INFORMATION OFFICER UNDER RTI ACT. - ANNEXURE R1(26) TRUE COPY OF REPLY VIDE RECEIVED NO.K2/92343/2019/DME/26 DATED 03/05/2019 FROM THE INFORMATION OFFICER, GOVT. MEDICAL COLLEGE, TVPM. - ANNEXURE R1(27) TRUE COPY OF PROCEEDING - NO.FI/17375/2004/DME DATED 07/09/2004. - EXHIBIT P3 TRUE PHOTOCOPY OF THE ADDITIONAL REPLY STATEMENT FILED BY THE PETITIONER/FIRST RESPONDENT IN O.A.10/2019 ALONG WITH ITS ANNEXURES DATED 14/10/2019. - Annexure R1(28) TRUE COPY OF THE DNB CERTIFICATE DATED NOVEMBER 1995 ISSUED BY THE NATIONAL BOARD OF EXAMINATIONS TO THE APPLICANT. - ANNEXURE R1(29) TRUE COPY OF REPLY NO.G1/33317/2017/MCT DATED 06/12/2017 ISSUED BY INFORMATION OFFICER, GOVERNMENT MEDICAL COLLEGE, THIRUVANANTHAPURAM. - ANNEXURE R1(30) TRUE COPY OF REPLY NO.G1/37848/2017/GMCT, DATED 21/01/2018 ISSUED BY STATE PUBLIC INFORMATION OFFICER ATTACHED TO THE OFFICE OF THE PRINCIPAL OF GOVERNMENT MEDICAL COLLEGE, THIRUVANANTHAPURAM. - ANNEXURE R1(31) TRUE COPY OF REPLY NO.DAG - (ADMIN./C.CELL/RTI-108/2017-18/379, DATED 28/08/2017 ISSUED BY DEPUTY ACCOUNTANT GENERAL, THIRUVANANTHAPURAM. - ANNEXURE R1(32) TRUE COPY OF EXPERIENCE CERTIFICATE NO.E1.417/96/ACME DATED 23/12/1999 ISSUED BY THE ADMINISTRATIVE OFFICER, ACADEMY OF MEDICAL SCIENCES, PARIYARAM. 26 O.P.(KAT)Nos.149 & 172/2021 |ANNEXURE R1(33)|TRUE COPY OF DECLARATION FORM OF THE| |---|---| ||APPLICANT FOR THE YEAR 2016-2017.| |ANNEXURE R1(34)|TRUE COPY OF REPRESENTATION DATED| ||25/07/2019 SUBMITTED BEFORE THE 1ST| ||RESPONDENT.| |Exhibit P4|TRUE COPY OF THE MISCELLANEOUS| ||APPLICATION FILED BY THE 1ST RESPONDENT| ||TO RECEIVE ANNEXURE R1(35) DATED| ||29/10/2019.| |Annexure R1(35)|TRUE COPY OF THE SELECT LIST PUBLISHED AS| ||PER G.O.(P) NO.53/2019/H&FWD DATED| ||11/06/2019 BY THE 1ST RESPONDENT.| |Exhibit P5|MISCELLANEOUS APPLICATION FILED BY THE| ||1ST RESPONDENT TO RECEIVE ANNEXURE R1(36)| ||DATED 20/11/2019.| |Annexure R1(36)|TRUE PHOTOCOPY OF THE RELEVANT PAGES OF| ||THE NOTIFICATION| ||NO.2891/ACI/GENA2/KUHS/2017 DATED| ||12/05/2017 OF THE KERALA UNIVERSITY OF| ||HEALTH SCIENCES.| |Exhibit P6|TRUE PHOTOCOPY OF THE MISCELLANEOUS| ||APPLICATION FILED BY THE 1ST RESPONDENT| ||TO RECEIVE ANNEXURE R1(37) AND R1(38)| ||INTO FILE DATED 16/12/2019.| |Annexure R1(37)|TRUE COPY OF THE QUESTIONNAIRE SUBMITTED| ||BY THE 1ST RESPONDENT UNDER RTI ACT DATED| ||18/11/2019 BEFORE THE PUBLIC INFORMATION| ||OFFICER, CHEST DISEASE HOSPITAL,| ||PULAYANARKOTTAH.| |Annexure R1(38)|TRUE COPY OF THE REPLY RECEIVED FROM THE| ||PUBLIC INFORMATION OFFICER, CHEST DISEASE| ||HOSPITAL, PULAYANARKOTTAH NO.E1-| ||1952/19/CDHP DATED 22/11/2019.| |Exhibit P7|TRUE PHOTOCOPY OF THE MISCELLANEOUS| ||APPLICATION FILED BY THE 1ST RESPONDENT| ||TO RECEIVE ANNEXURE R1(39) TO R1(44) INTO| ||FILE DATED 24/02/2020.| 27 O.P.(KAT)Nos.149 & 172/2021 |Annexure R1(39)|TRUE COPY OF THE FILE PROCEEDINGS OF THE| |---|---| ||DME IN CONNECTION WITH THE THREE MEMBER| ||AND SIX MEMBER COMMITTEE REPORT.| |Annexure R1(40)|TRUE COPY OF THE RELEVANT PAGES OF THE| ||MCI REGULATIONS.| |Annexure R1(41)|TRUE COPY OF THE SECOND RESEARCH| ||PUBLICATION MENTIONED IN ANNEXURE R1(11)| ||- "PERIOD PREVALENCE OF BRONCHIECCTASIS| ||IN MODERATE AND SERVERE COPD" - PUBLISHED| ||BY THE APPLICANT.| |Annexure R1(42)|TRUE COPY OF THE COUNTER AFFIDAVIT DATED| ||04/02/2020 FILED BY THE APPLICANT (5TH| ||RESPONDENT IN W.P.(C) NO.20916/2019)| ||BEFORE THE HONOURABLE HIGH COURT OF| ||KERALA ALONG WITH RELEVANT EXHIBITS.| |Annexure R1(43)|TRUE COPY OF THE LETTER DATED 24/02/2020| ||ISSUED BY DR.P.RAVEENDRAN TO THE MISC.| ||APPLICANT/FIRST RESPONDENT.| |Annexure R1(44)|TRUE COPY OF THE GUIDELINES ISSUED BY THE| ||1ST RESPONDENT AS PER G.O.(RT)| ||NO.2384/2019/H&FWD DATED 04/10/2019.| |Exhibit P8|TRUE COPY OF THE MISCELLANEOUS| ||APPLICATION NO.2199/2019 FILED BY THE| ||PETITIONER/1ST RESPONDENT IN O.A.10/2019| ||DATED 14/10/2019.| |Exhibit P9|TRUE PHOTOCOPY OF THE REJOINDER STATEMENT| ||FILED BY THE 1ST RESPONDENT DATED| ||06/06/2019 IN O.A.10/2019 TO THE REPLY| ||STATEMENT FILED BY THE PETITIONER.| |Exhibit P10|TRUE PHOTOCOPY OF THE REJOINDER FILED BY| ||THE 1ST RESPONDENT IN O.A.NO.10/2019 TO| ||THE ADDITIONAL REPLY STATEMENT OF THE| ||PETITIONER ALONG WITH ITS ANNEXURES DATED| ||20/11/2019.| |Annexure A(27)|COPY OF THE EXTRACT OF REPORT OF THE 6| ||MEMBER COMMITTEE DATED 21/01/2019.| 28 O.P.(KAT)Nos.149 & 172/2021 |Annexure A28|REMARKS OF THE 6 MEMBER COMMITTEE DATED| |---|---| ||02/02/2019.| |Annexure A29|COPY OF LETTER DATED 12/03/2019 OF CEO OF| ||INDIAN PUBLISHER ADDRESSED TO THE| ||ORIGINAL APPLICANT.| |Annexure A30|EXTRACT OF THE ICMR GUIDELINES ON DATA| ||SHARING AND AUTHORSHIP.| |Annexure A31|EXTRACT OF THE ELIGIBILITY CONDITION FOR| ||DNB FINAL EXAMINATION 94-95 OBTAINED BY| ||THE ORIGINAL APPLICANT FORM THE NATIONAL| ||BOARD UNDER RI ACT - 2005.| |Annexure A32|COPY OF REPORT OF TRANSFER OF CHARGE OF| ||DR.JAYAPRAKASH ASST. INSURANCE MEDICAL| ||OFFICER & CHEST SPECIALIST DATED| ||14/03/1996.| |Exhibit P11|TRUE PHOTOCOPY OF THE MISCELLANEOUS| ||APPLICATION FILED BY THE 1ST RESPONDENT| ||TO RECEIVE DOCUMENTS INTO FILE ALONG WITH| ||ITS ANNEXURES DATED 13/12/2019.| |Annexure A33|COPY OF THE EXTRACT OF THE INDIAN MEDICAL| ||COUNCIL (PROFESSIONAL CONDUCT ETIQUETTE| ||AND ETHICS) REGULATION 2002 CHAPTER 7.22.| |Annexure A34|COPY OF THE LETTER NO.F2/6280/2018 DATED| ||23/03/2018 OF THE 1ST RESPONDENT DME| ||ADDRESSED TO THE 2ND RESPONDENT.| |Annexure A35|COPY OF LETTER F2/21935/2017/GMCT DATED| ||24/04/2018 OF THE PRINCIPAL GMCT| ||FORWARDING ADDITIONAL REPORT ON ENQUIRY| ||DATED 21/04/2018 TO R3.| |Annexure A36|COPY OF ADDITIONAL REPORT ON THE ENQUIRY| ||ON THE CONTROVERSY BETWEEN| ||DR.B.JAYAPRAKASH AND DR.RONALD WIN| ||ENDORSED BY THE 4TH RESPONDENT RECEIVED| ||BY THE 3RD RESPONDENT ON 23/05/2018.| |Annexure A37|COPY OF LETTER OF THE PRINCIPAL GMCT| ||NO.G2/21935/2017/GMCT DATED 02/06/2018| 29 O.P.(KAT)Nos.149 & 172/2021 - ALONG WITH THE ALTERED VERSION OF THE THREE MEMBER ENQUIRY COMMITTEE REPORT. - Annexure A38 COPY OF THE MANUSCRIPT COPY OF THE MINUTES OF THE MEETING OF THE 6 MEMBER COMMITTEE HELD ON 01/06/2018. - Annexure A38A FAIR COPY OF THE ABOVE MINUTES OF THE MEETING OF THE SIX MEMBER COMMITTEE DATED 01/06/2018 FORWARDED TO 2ND RESPONDENT AS PER LETTER DPC 1/23481/2017 DME DATED 05/06/2018. - Exhibit P12 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 1ST RESPONDENTS DATED 05/03/2019 ALONG WITH ITS ANNEXURE R1(a) TO R1(s). - Annexure R1(a) TRUE COPY OF THE COMPLAINT/LETTER DATED 17/07/2017 SUBMITTED BEFORE THE DME. - Annexure R1(b) TRUE COPY OF THE REPORT OF HOD, DEPARTMENT OF PULMONARY MEDICINE, GOVERNMENT MEDICAL COLLEGE, TRIVANDRUM DATED 29/08/2017. - Annexure R1(c) TRUE COPY OF THE QUESTIONNAIRE UNDER RI ACT DATED 22/01/2019. - Annexure R1(d) TRUE COPY OF THE INFORMATION RECEIVED DATED 05/02/2019. - Annexure R1(e) TRUE COPY OF THE FORWARDING LETTER DATED 20/09/2017. - Annexure R1(f) TRUE COPY OF THE MINUTES OF THE DPC DATED 19/10/2017 ALONG WITH ANNEXURES. - Annexure R1(g) TRUE COPY OF THE RESEARCH PUBLICATION DETAILS ISSUED BY THE NODAL OFFICER, STATE BOARD OF MEDICAL RESEARCH (SBMR) DATED 11/04/2017. - Annexure R1(h) TRUE COPY OF THE RESEARCH PUBLICATION DETAILS ISSUED BY THE NODAL OFFICER, STATE BOARD OF MEDICAL RESEARCH (SBMR) 30 O.P.(KAT)Nos.149 & 172/2021 DATED 20/10/2017. - Annexure R1 (i) TRUE COPY OF THE UNDATED PUBLICATION DETAILS OF DR.JAYAPRAKASH ISSUED BY THE NODAL OFFICER SBMR. - Annexure RI(j) TRUE COPY OF THE PUBLICATION DETAILS OF DR.JAYAPRAKASH ISSUED BY THE NODAL OFFICER SBMR DATED 08/11/2017. - Annexure R1(k) TRUE COPY OF THE 3 MEMBER COMMITTEE FINAL REPORT DATED 22/05/2018. Annexure R1(l) TRUE COPY OF CIRCULAR DPC- - 1/23481/2018/DME DATED 05/06/2018 ISSUED BY THE DME. - Annexure R1(m) TRUE COPY OF SIX MEMBER COMMITTEE REPORT DATED 05/06/2018. - Annexure R1(n) TRUE COPY OF THE QUESTIONNAIRE UNDER RI ACT DATED 10/05/2018. - Annexure R1(n)(a) TRUE COPY OF THE INFORMATION RECEIVED UNDER RI ACT DATED 11/06/2018. - Annexure R1(o) TRUE COPY OF LETTER NO.S2/295/2017 H&FWD DATED 31/07/2018 ISSUED BY THE GOVERNMENT. - Annexure R1(p) TRUE COPY OF THE LETTER DATED 09/01/2018 ISSUED BY THE FORMER HOD DR.SUDEENDRA GHOSH. - Annexure R1(q) TRUE COPY OF THE RELEVANT PAGE OF JOURNAL "INTERNATIONAL COMMITTEE" OF MEDICAL JOURNAL EDITORS". - Annexure R1(r) TRUE COPY OF GOVERNMENT ORDER G.O.(RT) NO.398/2019/H&FWD DATED 18/02/2019 ISSUED IN COMPLIANCE OF THE ORDER OF THIS TRIBUNAL DATED 22/05/2018 IN O.A.NO.2349/2017. Annexure R1(s) TRUE COPY OF THE MCI CIRCULAR FOR CLARIFICATION ON RESEARCH PUBLICATIONS IN 31 O.P.(KAT)Nos.149 & 172/2021 ||THE MATTER OF PROMOTION FOR TEACHING| |---|---| ||FACULTIES DATED 30/09/2015.| |Exhibit P13|TRUE COPY OF THE MISC. APPLICATION| ||NO.599/2019 IN O.A.NO.10/2019 DATED| ||11/03/2019 TO RECEIVE ANNEXURE R1(t) TO| ||R1(v).| |Annexure R1(t)|TRUE COPY OF THE FINAL REPORT OF THE DME| ||ALONG WITH FORWARDING LETTER| ||NO.DPC.1/23481/2017/DME DATED 02/02/2019.| |Annexure R1(u)|TRUE COPY OF THE LETTER DATED 28/02/2019| ||OF THE FIRST RESPONDENT/MISC. APPLICANT| ||SUBMITTED BEFORE THE GOVERNMENT.| |Annexure R1(v)|TRUE COPY OF THE DETAILS OF THE FIRST| ||ARTICLE (SL.NO.1) OF DR.JAYAPRAKASH| ||(APPLICANT) DOWNLOADED FROM THE WEBSITE| ||OF THE JOURNAL 'THE INDIAN PRACTITIONER'.| |Exhibit P14|TRUE COPY OF THE REPLY STATEMENT FILED BY| ||THE 2ND RESPONDENT ALONG WITH ITS| ||ANNEXURE DATED 13/12/2019.| |Annexure R2A|TRUE COPY OF REPORT DATED 02/02/2019.| |Exhibit P15|REJOINDER FILED BY THE 1ST RESPONDENT TO| ||THE ADDITIONAL REPLY STATEMENT OF THE 2ND| ||RESPONDENT ALONG WITH ITS ANNEXURE DATED| ||08/01/2020.| |Annexure A39|COPY OF THE INTERIM ORDER DATED| ||09/01/2019 IN O.A.10/2019 OF THE HON. KAT| ||PRINCIPAL BENCH, THIRUVANANTHAPURAM.| |Exhibit P16|TRUE COPY OF THE OBJECTION/REPLY FILED BY| ||THE 1ST RESPONDENT DATED 04/03/2020 TO| ||THE M.A.NO.406/2020 IN O.A.NO.10/2019 OF| ||THE PETITIONER ALONG WITH ITS ANNEXURES.| |Annexure A40|COPY OF LETTER H&FW/S2/295/2017 H&FWD| ||DATED 23/04/2018.| |Annexure A41(a)|COPY OF REPRESENTATION DATED 20/03/2018| 32 O.P.(KAT)Nos.149 & 172/2021 - OF DR.RONALD WIN R1. - Annexure A41(b) COPY OF REPRESENTATION OF RONALD WIN R1, DATED 25/03/2018. - Annexure A42 COPY OF REPRESENTATION OF ORIGINAL APPLICANT DATED 05/03/2018 TO R5 (CONVENOR DPC/ADDL.CHIEF SECRETARY). - Exhibit P17 TRUE PHOTOCOPY OF THE ORDER DATED 09/03/2021 IN O.A.NO.10/2019 OF THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM. - Exhibit P18 TRUE COPY OF THE COMMUNICATION DATED 20.04.2016 ISSUED BY THE ASST.POLICE COMMISSIONER, CRIME BRANCH TO THE DISTRICT POLICE CHIEF, THIRUVANANTHAPURAM - Exhibit P19 TRUE COPY OF THE COMMUNICATION DATED 29.08.2017 ISSUED BY THE DEPUTY ACCOUNTANT GENERAL (ADMN.) UNDER RTI ACT - Exhibit P20 TRUE COPY OF THE COMPLAINT DATED 20.05.2019 FILED BY THE PETITIONER BEFORE THE HON'BLE MINISTER OF HEALTH AND FAMILY WELFARE DEPARTMENT. - I.A. NO.1/2021 IN O.P.(KAT)NO.149/2021 Exhibit P18 TRUE PHOTOCOPY OF THE PAPER PUBLICATION OF THE 1ST RESPONDENT DR.JAYAPRAKSH "PREVALENCE OF METABOLIC SYNDROME IN COPD PATIENTS ATTENDING A TERTIARY CARE CENTRE" WAS PUBLISHED IN SEPTEMBER -OCTOBER 2017. Exhibit P19 TRUE PHOTOCOPY OF THE PAPER PUBLICATION OF THE PETITIONER PUBLISHED IN AUGUST, 2017 WITH RESPECT TO "FREQUENCY OF PULMONARY TUBERCULOSIS IN SMEAR NEGATIVE PATIENTS WITH SUGGESTIVE RADIOLOGICAL LESIONS IN A TERTIARY CARE CENTRE". Exhibit P20 COPY OF THE MINUTES OF THE DEPARTMENTAL PROMOTION COMMITTEE MEETING DATED 12/03/2019.