State of Kerala & Director of Medical Education v. Dr. C.R. Sobhana, Dr. V.T. Beena and Dr. Sheela Sreedharan (OP(KAT) No.426 of 2020)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** ## **THE HONOURABLE MR.JUSTICE K. BABU** **THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942** **OP(KAT).No.426 OF 2020** ## **AGAINST THE ORDER IN OA (EKM)NO.1389/2018 DATED 13-12-2019 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM (ADDL. BENCH, ERNAKULAM)** ## **PETITIONERS/RESPONDENTS 1 & 2 IN O.A.:** **1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA - 695 001. 2 THE DIRECTOR OF MEDICAL EDUCATION MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM, KERALA - 695 011.** **BY SRI.B.VINOD SR. GOVERNMENT PLEADER** ## **RESPONDENTS/APPLICANT & RESPONDENTS 3 & 4 IN O.A.:** **1 DR.C.R.SOBHANA W/O.ANANDA RAJU B., PRINCIPAL, GOVERNMENT DENTAL COLLEGE, THRISSUR - 680 596, RESIDING AT FLAT NO.6B, CORDIAL ARCADE, PONGUMMOODU, THIRUVANANTHAPURAM, KERALA - 695 011. 2 DR.V.T.BEENA PRINCIPAL, GOVERNMENT DENTAL COLLEGE, KOTTAYAM, KERALA - 686 008. 3 DR.SHEELA SREEDHARAN PRINCIPAL, GOVERNMENT DENTAL COLLEGE, ALAPPUZHA - 688 005, KERALA. R1 BY ADV. SRI.P.NANDAKUMAR R1 BY ADV. SMT.AMRUTHA SANJEEV R3 BY ADV. SRI.VISHNU S.CHEMPAZHANTHIYIL** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 18.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 2 OP(KAT).No.426 OF 2020 ## **(CR)** # **ALEXANDER THOMAS & K. BABU, JJ.** ---------------------------------------------------- O.P.(KAT) No.426 of 2020 _[arising out of order dated 13-12-2019 in O.A. (Ekm) No. 1389/2018 of K.A.T., EKM Bench]_ ---------------------------------------------Dated this the 18[th] day of March, 2021 ## **JUDGMENT** ## **Alexander Thomas, J.** The prayers in the aforecaptioned original petition (Kerala Administrative Tribunal) filed under Articles 226 & 227 of the Constitution of India are as follows (see page Nos.11 & 12 of the paper book of this O.P.):- _“..............to set aside Exhibit P10 order dated 13.12.2019 in O.A. (E) No.1389/2018 on the file of the Honourable Kerala Administrative Tribunal, Additional Bench, Ernakulam by allowing this Original Petition.”_ 2. Heard Sri.B. Vinod, the learned Senior Government Pleader, appearing for the petitioners (State of Kerala and the Director of Medical Education) in the original petition/respondents 1 & 2 in the original application before the Tribunal, Sri.P.Nandakumar, the learned Advocate, appearing for the 1[st] respondent herein/the sole applicant in the original 3 OP(KAT).No.426 OF 2020 application before the Tribunal, and Sri. S.Vishnu Chempazhanthiyil, the learned Advocate appearing for the 3[rd] respondent herein/the 4[th] respondent in the original application. Though notice on the 2[nd] respondent herein/the 3[rd] respondent in the original application has been duly served on that party in this original petition, there is no appearance of that party. 3. The prayers in Ext.P1 amended original application, O.A. (Ekm) No.1389/2018, filed by the 1[st] respondent herein before the Tribunal are as follows (see page No.24 of this paper book):- - _(i) To call for the records leading to Annexure A7 and quash the same._ - _(i) (a) To call for the records leading to Annexure A8 and quash the same to the extent it orders the applicant as the junior most Principal and directing to revert her to the post of Principal._ - _(ii) To direct the 1[st] respondent to reassign the date of promotion of the applicant to the post of Associate Professor w.e.f. 26.05.2004 and to the post of Professor w.e.f. 27.05.2004 and also consequential reassignment of promotion to the post of Principal._ - _(iii) To declare that the applicant is entitled for seniority above respondents 3 and 4 in the cadre of Professor and Principal._ - _(iv) To issue such other orders or directions as this Hon'ble Tribunal may deem fit and proper in the_ 4 OP(KAT).No.426 OF 2020 _circumstances of the case.”_ 4. The Tribunal, after hearing both sides, has rendered the impugned Ext.P10 final order dated 13.12.2019 in O.A. (Ekm) No.1389/2018 whereby it has been categorically held that the impugned rejection of the claim of the applicant in the O.A. in terms of paragraph No.3 of the impugned Anx.A7 order on the ground that promotion on the date of occurrence of the vacancy is not feasible or possible and can be effected only after preparation of the select list and its notification in the gazette as per the prerogatives of the Departmental Promotion Committee (DPC), etc. was held to be untenable, in the light of the statutory provisions contained in the KS & SSR Part-II and has held therein that in the facts and circumstances of the case the official respondents in the O.A. have gone wrong in that regard and has held that the applicant in the O.A. is entitled to secure promotion as on the date of occurrence of the vacancy to which she had a claim. (see paragraph No.27 on pages 21 & 22 of Ext.P10). It was also held and declared by the Tribunal in paragraph No.31 of Ext.P10 that the original applicant is eligible and entitled to be granted the reassignment of the date of 5 OP(KAT).No.426 OF 2020 promotion to the post of Associate Professor with effect from 26.05.2004 and to the post of Professor with effect from 27.05.2004 and for consequential reassignment of date of promotion to the post of Principal and the impugned order at Anx.A8 to the extent it had been directed to revert the applicant in the post of Princpal allegedly to a junior post, has also been set aside. In that view of the mater the Tribunal has thus allowed the main plea of the applicant and had directed the competent authority of the State Government in the Health & Family Welfare Department to pass fresh orders in the light of the abovesaid findings rendered by he Tribunal and directed that the applicants shall be reassigned her correct position in the respective seniority lists also and orders should be passed in that regard within two months, etc. It is this final order at Ext.P10 rendered by the Tribunal that is under challenge at the instance of the State of Kerala and the Director of Medical Education in the original petition, who are the petitioners in this original petition. 5. We have heard the parties in _extenso_ and also gone through the verdict of the Tribunal. 6. The Tribunal has exhaustively dealt with the facts and 6 OP(KAT).No.426 OF 2020 circumstances of this case. So, there is no necessity for us to get into the factual details of this case except to state the core of the case as laid down in Anx.A3 proceedings dated 16.06.2017, issued by the Director of Medical Education, Government of Kerala, wherein it has been categorically held that the applicant is entitled to be given reassignment of the date of promotion as Associate Professor with effect from 27.06.2004 and as Professor from 27.05.2004 and the said recommendations has been made by none other than the Director of Medical Education , Government of Kerala, who is the head of the Department concerned to the competent authority of the State Government in the Health & Family Welfare Department. 7. For the sake of completeness it may be profitable to extract the relevant contents of Anx.A3 proceedings dated 16.06.2017 issued by the Director of Medical Education, which reads as follows (see paged 30 & 31 of this paper book):- > _“_ സചനയ�ല�യ� സർക�ര�ന� ശദ സ�ദര� കണ�കന _._ ത�രവനനപര� ഗവന �� ന!�ൽ ല#�ല$ജ�ന� ഓറൽ _&_ മ�ക�ല��ല*ഷ,ൽ സർജറ� വ�ഭ�ഗ� ന.�*റ�യ ല!� _._ സ� _._ ആർ _._ ല0�ഭന _24.2.1997_ ൽ അസ�സ�� ന.�*സറ�യ� ചമത�ലയറ _._ അനന6 ന�യമ.#�ര� അലസ�സ�ലയറ� ന.�*സറ�യ� സ�നകയറ� �ഭ�കനത�ന� _5_ വർഷന6 അദ,�പനപര�ചയ� ആവ0,മ�ണ� _._ അതനസര�ച� _,_ ട�യ�ൾ _26.5.2004_ ന� _(_ രണ വർഷന6യ� രണ മ�സന6യ� ലന�ൺ #A�$�ഫ*യ��ഗ� സർവCസ� ഒഴ�വ�ക� _)_ അലസ�സ�ലയറ� ന.�*സർ തസ�#യ�ല�യ� സ�നകയറ6�ന� അർഹയ�യ� _. 21.8.2003_ മതൽ ട�യ�ൾക� സ�നകയറ6�നള ഒഴ�വ� ന��വ�ലണ�യ�രന _._ എന�ൽ _,_ !� _._ പ� _._ സ� _._ നസ�ക� ��സ� ന��വ�ൽ വര�ൻ #��ത�മസമണ�യത�ന�ൽ _,_ ട�യ�ൾക� 7 OP(KAT).No.426 OF 2020 _23.11.2004_ ലന അലസ�സ�ലയറ� ന.�*സർ തസ�#യ�ൽ .ലവ0�കവ�ൻ #ഴ�ഞള _._ കട�നത _,_ തടർന� ന.�*സർ തസ�#യ�ല�യ� _1.7.2003_ മതൽ ന��വ�ലണ�യ�രന ഒഴ�വ�ല�യ� ട�യ�ൾക� _27.11.2006_ ന� സ�നകയറ� �ഭ�ച _._ സചന _(3)_ .#�ര� ന��വ�ൽ വന സർക�ർ ഉ6രവനസര�ച� അലസ�സ�ലയറ� ന.�*സർ തസ�#യ�ൽ ഒര വർഷന6 അദ,�പനപര�ചയ� ഉളവർലക ന.�*സർ തസ�#യ�ല�യ� സ�നകയറ� അനവദ�ക#യള _._ എന�ൽ _,_ ട�യ�ൾ _23.11.2004_ ൽ അലസ�സ�ലയറ� ന.�*സർ തസ�#യ�ൽ .ലവ0�ചത�ന�ൽ _,_ അനന6 ന��വ�ലണ�യ�രന ന�യമ� അനസര�ച� _,_ അലസ�സ�ലയറ� ന.�*സറ�യ� ന�യമന� �ഭ�ച� അട6� ദ�വസ� ന.�*സർ തസ�#യ�ല�യ� സ�നകയറ� നൽ#�ൻ അർഹയ�ണ� _._ ട�യ�ൾക� _, 26/5/2004_ ത�യത�യ�ല�യ� അലസ�സ�ലയറ� ന.�*സർ തസ�#യ�ല�യ� റCഅഫസൻനമ�� അനവദ�ക#യ�നണങ�ൽ _, 27/5/2004_ മതൽ ട�യ�ൾ ന.�*സർ തസ�#യ�ല�യ� സ�നകയറ6�ന� റCഅഫസൻനമ�� അനവദ�ക�ൻ അർഹയ�ണ� _._ ചരക6�ൽ _,_ ട�യ�ളനട അഫസൻനമനമ�യ� ബനന\ട സ�ക�പരപ� ചവനട ലചർകന _._ |ലപര|അലസ�സ�ലയറ<br>ന.�*സർ<br>തസ�#യ�ന�<br>ഒഴ�വ ന��വ�ൽ<br>വന ത�യത�|അലസ�സ�ലയറ<br>ന.�*സർ<br>തസ�#യ�ല�യ<br>അർഹത ലനട�യ<br>ത�യത�|റCഅഫസൻനമ�<br>അനവദ�ലകണ<br>ത�യത�| |---|---|---|---| |ല!�.സ�.<br>ആർ.ല0�ഭന|20/08/03|26/05/04|26/05/04| ## കട�നത _,_ |ലപര|ന.�*സർ<br>തസ�#യ�ന�<br>ഒഴ�വ ന��വ�ൽ<br>വന ത�യത�|ന.�*സർ<br>തസ�#യ�ല�യ<br>അർഹത ലനടന<br>ത�യത�|റCഅഫസൻനമ�<br>അനവദ�ക�വന<br>ത�യത�| |---|---|---|---| |ല!�.സ�.<br>ആർ.ല0�ഭന|01/07/03|27/05/04|27/05/04| .സത വ�ഷയങൾ ചണ�ക�ട� ല!� _._ ല0�ഭന സമർ\�ച ന�ലവദന� സർക�ര�ന� പര�ഗണനയ� ഉച�തമ�യ തCരമ�ന6�ന�യ� ഇലത�നട�\� അയചന#�ളന _.”_ 7. There is no necessity to translate the Malayalam contents in Anx.A3 in the English language for the simple reason that the gist of the contents of Anx.A3 is to the effect that the original applicant is entitled to be given reassignment of the dates of promotion as Associate Professor with effect from 27.06.2004 8 OP(KAT).No.426 OF 2020 and as Professor from 27.05.2004. One of the main contentions urged by the official respondents in the O.A. was to the effect that the process of consideration for regular promotion by the DPC, as statutorily required by the provisions contained in Rule 28 of KS & SSR is quite time consuming and it cannot be feasible to effectuate the consideration by the DPC immediately on reference of the vacancy and that various exigencies in the administration may waive the matter with the result that the DPC consideration make a delay and these are all matters within the prerogatives of the departmental authorities as to the DPC consideration which is the statutory authority, etc. This was one of the main contentions urged by the official respondents to reject the claim of the petitioner for reassignment of promotion to the post of as Associate Professor and Professor, as shown in Anx.A3. 8. The Tribunal, after consideration of the various factual details and also after going by the statutory provision governing the field held that the matter in that regard is covered by the statutory provisions contained in Rule 28(b)(i) (4)(a) of KS & SSR, Part-II, wherein it is mandated that select lists shall be prepared during a calendar year, for the vacancies estimated to 9 OP(KAT).No.426 OF 2020 arise in the next calendar year. The Tribunal held that this is the statutory mandate and therefore, the contentions of the official respondents in the O.A. to the effect that decision on the eligibility for promotion is the prerogative of the DPC eventhough a vacancy was in existence, cannot hold good. The Tribunal held that it may be true that the completion of various formalities in the administrative level and the delay in finalising the select list by the DPC may be there. But such delay in completing the administrative formalities and in finalising the select list by the DPC cannot adversely and detrimentally affect the statutory eligibility and entitlement of a person for promotion, in tune with the date of occurrence of vacancy. Further, the Tribunal has also noted that it has been mandated in Rule 28(b)(i)(4)(d) and Rule 28(b)(i) (10) of KS & SSR, Part-II that the claim of an incumbent for promotion has to be adjudged and reckoned with reference to the crucial conditions as on the date of occurrence of vacancy. It has also been held by a series of rulings of this Court including Full Bench decisions as in _**James Thomas** v._ _**Chief Justice**_ [1997 KLT 622 (FB)] and in _**Varghese** v._ _**State of Kerala**_ [1981 KLT 458 (FB)] that the time of occurrence of the vacancy is the 10 OP(KAT).No.426 OF 2020 most relevant and crucial aspect of the matter for deciding the issues of promotion and not the time when the order of promotion is actually passed. This aspect of the matter has also been dealt with in detail in the judgment of the Division Bench of this Court in the case in _**M.L. Joseph Francis** v._ _**Thomas P. Joseph**_ [2007 (3) KLT 724 (DB)] wherein it has been reiterated that the claim of an incumbent for promotion has to be adjudged and reckoned with reference to the conditions or state of affairs as on the date of occurrence of the vacancy. In that view of the matter the Tribunal has held that the statute makes it clear that it is a very important mandate to be followed by the DPC that the crucial aspect is regarding the date of occurrence of vacancy and therefore, the right of a person for promotion is as on the date of occurrence of the vacancy. It is on this basis that the Tribunal has held in paragraph No.27 of Ext.P10 final order that the impugned view taken by the official respondents as per paragraph No.3 of Anx.A7 rejection order to the effect that promotion on the very date of occurrence of vacancy may not be feasible possible and it can be effectuated only after preparation of select list and its notification in the gazette, etc., cannot deny the statutory right of 11 OP(KAT).No.426 OF 2020 a person for grant of promotion with effect from the date of occurrence of the vacancy. Even if administrative delay has occurred the date assigned should be as on the date of occurrence of the vacancy. In this regard, it may also relevant to note that the Delhi High Court has rendered a recent judgment on 08.03.2021 in W.P.(C) No.1083/2018, which also dealt with issues of promotion to the teaching post of Professor, Associate Professor and it has been held therein that promotion of a candidate would take effect from the date of eligibility and not on the date of interview or date of consideration as per the Carer Advancement Scheme (CAS) governed by the Rules and Regulations., etc. 9. After hearing both sides, we are of the considered opinion that the said view rendered by the Tribunal cannot be branded as illegal or unreasonable, in any view of the matter, going by the statutory mandate contained in Rule 28 of KS & SSR Part-II as well as the case law governing the field based on the decisions of the Full Bench as well as of the Division Bench of this Court, as stated hereinabove. 10. The next issue considered by the Tribunal is as to 12 OP(KAT).No.426 OF 2020 whether there is any legal bar in granting date of promotion in a case like this. On facts, the Tribunal has found that a vacancy of Professor was indeed available in the discipline of the original applicant, as evident from the pleadings of the applicant as well as the crucial report of the Director of Medical Education as per Anx.A3 mentioned hereinabove. So also the Tribunal has found that the petitioner is entitled to be reassigned for promotion to the post of Associate Professor with effect from 26.05.2004, going by the date of occurrence of the vacancy as well as her eligibility conditions. Accordingly the Tribunal has concluded that, as a matter of fact, the vacancy in the post of Professor has been existent from 01.07.2003 and the applicant was promoted on 27.11.2006 and that going through her eligibility conditions and other requirements, she ought to have been promoted to the post of Professor with effect from 27.05.2004, as mentioned in Anx.A3 report of the Director of Medical Education. In the light of these aspects that the Tribunal has held that denial of right of the applicant for such reassigned dates of promotion in the post of Associate Professor and Professor would amount to flagrant violation of the constitutional right to be considered for 13 OP(KAT).No.426 OF 2020 promotion in accordance with law as guaranteed in Article 16 of the Constitution of India and hence found that the contra conditions as made out in the impugned Anx.A7 is liable to be set aside. 11. As regards the 4[th] respondent in the original application/the 3[rd] respondent herein, the Tribunal has made certain observations in paragraph No.32 but has left those matters to be in the province of the consideration of the State Government as presumably, the 4[th] resp0ndent in the O.A. was not an applicant in the litigative proceedings, but only a resp0ndent therein. 12. A reading of the impugned final order of the Tribunal at Ext.P10, more particularly paragraph No.32 thereof, would make it clear that the directions and orders passed by the Tribunal therein in favour of the original applicant will not by itself, in any manner, prejudice the claims of the 4[th] resp0ndent. 13. It has to be borne in mind that the contesting parties in this case, viz., applicant, the 3[rd] respondent in the O.A., and the 4[th] respondent in the O.A. belong to three different disciplines in the Dental College service. It is after the promotion of the eligible 14 OP(KAT).No.426 OF 2020 incumbents to the post of Professor that the issue regarding promotion of Principal is considered based on the seniority and other requirements in the category of Professor. 14. It is in the light of these aspects that the Tribunal has granted the reliefs in the instant original application as per Ext.P10, as mentioned hereinabove. 15. In view of the aspects discussed hereinabove, we are of the considered opinion that the said views of the Tribunal cannot be said to be illegal, unreasonable, improper or against the statutory rules concerned. Sufficient grounds for invoking the public law remedy of judicial review and superintendence has not been made out in the instant case. Hence, the verdict of the Tribunal at Ext.P10, in favour of the applicant, does not deserve interdiction at the hands of this Court in exercise of the powers conferred under Articles 226 & 227 of the Constitution of India. However, we note that the time limit for compliance of the directions as per Ext.P10 dated 13.12.2019 as stipulated by the Tribunal was 2 months. That the present OP(KAT) was filed before this Court on 02.12.2020. Hence, taking note of the pendency of this O.P. it is ordered that the petitioners 15 OP(KAT).No.426 OF 2020 herein/official resp0ndents in the original application shall comply with the directions and orders passed by this Tribunal, within 6 weeks from the date of receipt of a certified copy of this judgment. With these observations and directions, the above original petition will stand dismissed. Sd/- **ALEXANDER THOMAS, JUDGE** Sd/- **K. BABU, JUDGE** Skk//29032021 16 OP(KAT).No.426 OF 2020 ## **APPENDIX** ## **PETITIONERS' EXHIBITS:** - **EXHIBIT P1 A PHOTOCOPY OF THE AMENDED OA ALONG WITH ANNEXURES.** **ANNEXURE A1 TRUE COPY OF LETTER NO.G4/27713/2005/DME DATED 24.05.2010 OF THE 2ND RESPONDENT.** - **ANNEXURE A1(A) TRUE COPY OF PROVISIONAL SENIORITY LIST OF PROFESSORS IN DENTAL COLLEGES AS ON 01.05.2010.** - **ANNEXURE A2 TRUE COPY OF REPRESENTATION DATED 08.05.2017 SUBMITTED BY THE APPLICANT BEFORE THE 1ST RESPONDENT.** - **ANNEXURE A3 TRUE COPY OF LETTER NO.G4/15792/2017/DME DATED 16.06.2017.** - **ANNEXURE A4 TRUE COPY OF PROCEEDINGS NO.G4/25624/2016/DME DTED 27.05.2017.** - **ANNEXURE A4(A) TRUE COPY OF PROVISIONAL SENIORITY LIST OF PROFESSORS IN DENTAL COLLEGES AS ON 31.03.2017.** - **ANNEXURE A5 TRUE COPY OF REPRESENTATION DATED 24.06.2017 SUBMITTED BY THE APPLICANT BEFORE THE 1ST RESPONDENT.** - **ANNEXURE A6 TRUE COPY OF ORDER DATED 06.12.2017 IN OA(E) 2851/2017.** - **ANNEXURE A7 TRUE COPY OF GO(RT) NO.1405/2018/H & FWD DATED 28.04.2018 ISSUED BY THE 1ST RESPONDENT.** - **ANNEXURE A8 TRUE COPY OF GO(RT) NO.2545/2018/H & FWD DATED 10.08.2018 ISSUED BY THE 1ST RESP0NDNET.** - **EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE 1ST RESPONDENT.** **EXHIBIT P3 TRUE COPY OF THE CORRECTION PETITION.** 17 OP(KAT).No.426 OF 2020 **EXHIBIT P4 TRUE COPY OF THE REJOINDER FILED BY THE APPLICANT TO THE REPLY STATEMENT OF THE 1ST RESPONDENT.** **EXHIBIT P5 TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE 3RD RESPONDENT.** - **ANNEXURE R3(A) TRUE COPY OF JUDGMENT OF THE HON'BLE HIGH COURT DATED 29.11.2016 IN W.P.(C) NO.7991/2006.** - **ANNEXURE R3(B) TRUE COPY OF GI(RT) NO.3004/2004/H & FWD DATED 25.10.2004.** - **ANNEXURE R3(C) TRUE COPY OF THE MINUTES OF THE AD-HOC HELD ON 07.10.2004 FOR REVIEWING THE SELECT LIST OF LECTURER & ASST.PROFESSOR FIT FOR PROMOTION TO THE CATEGORY OF ASST. PROFESSOR AND ASSOCIATE PROFESSOR IN THE DEPARTMENT OF ORAL AND MAXILLO FACIAL SURGERY.** **EXHIBIT P6 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 4TH RESPONDENT.** - **ANNEXURE R4(1) TRUE COPY OF REQUEST DATED 06.06.2017 SUBMITTED BY THE 4TH RESPONDENT TO THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT.** - **ANNEXURE R4(2) TRUE COPY OF REPRESENTATION DATED 17.04.2017 SUBMITTED BY THE 4TH RESPONDENT TO THE DIRECTOR OF MEDICAL EDUCATION.** - **ANNEXURE R4(3) TRUE COPY OF REMINDER DATED 31.05.2017 SUBMITTED BY THE 4TH RESPONDENT TO THE DIRECTOR OF MEDICAL EDUCATION.** - **ANNEXURE R4(4) TRUE COPY OF REMINDER DATED 06.06.2017 SUBMITTED BY THE 4TH RESPONDENT TO THE DIRECTOR OF MEDICAL EDUCATION.** - **ANNEXURE R4(5) TRUE COPY OF ORDER NO.G4-7295/02/DME DATED 30.11.2004 ISSUED MBY THE DIRECTOR OF MEDICAL EDUCATION.** - **ANNEXURE R4(6)** - **TRUE COPY OF DPC MINUTES HELD ON 30.10.2003 FOR THE POST OF ASSISTANT PROFESSOR.** 18 OP(KAT).No.426 OF 2020 ## **ANNEXURE R4(7)** **TRUE COPY OF GO(P) NO.26/2004/H & FWD DATED 20.01.2004 ISSUED BY THE GOVERNMENT,** - **ANNEXURE R4(8)** - **TRUE COPY OF DPC MINUTES HELD ON 27.10.2005 FOR THE POST OF PROFESSOR.** **ANNEXURER4(9)** **TRUE COPY OF GO(P)NO.325/2005/H & FWD DATED 06.12.2005 ISSUED BY THE GOVERNMENT.** - **ANNEXURE R4(10) TRUE COPY OF THE HEARING NOTE DATED 29.01.2018 SUBMITTED BY THE 4TH RESPONDENT.** - **ANNEXURE R4(11) TRUE COPY OF GO(P) NO.481/2007/H & FWD DATED 23.11.2007 ISSUED BY THE GOVERNMENT.** - **EXHIBIT P7 TRUE COPY OF THE REJOINDER FILED BY THE APPLICANT TO THE REPLY STATEMENT OF THE 4TH RESPONDENT.** - **ANNEXURE A9 TRUE COPY OF PROCEEDINGS NO.G4/27713/2008/DME DATED 16.02.2011 ISSUED BY THE 2ND RESPONDENT.** - **ANNEXURE A9(A) TRUE COPY OF PROVISIONAL SENIORITY LIST OF PROFESSORS AS ON 01.01.2011.** - **ANNEXURE A10 TRUE COPY OF JUDGMENT IN WPC NO.7991/2006 DATED 29.11.2006.** - **ANNEXURE A11 TRUE COPY OF REPRESENTATION DATED 02.02.2012 SUBMITTED BY THE APPLICANT BEFORE THE 1ST RESPONDENT.** - **ANNEXURE A12 TRUE COPY OF REPRESENTATION DATED 25.05.2012 SUBMITTED BY THE APPLICANT BEFORE THE 1ST RESPONDENT.** **ANNEXURE A13 TRUE COPY OF MINUTES OF THE DPC (HIGHER) MEETING HELD ON 06.01.2014.** - **ANNEXURE A14 TRUE COPY OF LETTER NO.10873/B1/14/H & FWD DATED 12.06.2014 ISSUED BY THE 1ST RESPONDENT.** - **ANNEXURE A15 TRUE COPY OF REQUEST DATED 26.02.2014** 19 OP(KAT).No.426 OF 2020 **SUBMITTED BY THE APPLICANT BEFORE THE 1ST RESPONDENT.** **ANNEXURE A16 TRUE COPY OF JUDGMENT DATED 12.03.2004 IN WPC NO.8619 OF 2004.** - **ANNEXURE A17 TRUE COPY OF JUDGMENT DATED 01.12.2007 IN WPC NO.33324 OF 2004.** - **ANNEXURE A18** **TRUE COPY OF GO(RT) NO.1435/2008/H & FWD DATED 22.04.2008 ISSUED BY THE GOVERNMENT.** - **EXHIBIT P8 TRUE COPY OF THE REJOINDER FILED BY THE APPLICANT TO THE REPLY STATEMENT OF THE 3RD RESPONDENT.** - **ANNEXURE A 19 TRUE COPY OF GO(RT) NO.1318/2019/H & FWD DATED 01.06.2019.** - **ANNEXURE A 20 TRUE COPY OF ORDER NO.G4/25624(2)/15/DME DATED 01.06.2019.** - **EXHIBIT P9 TRUE COPY OF THE MISCELLANEOUS APPLICATION FOR CORRECTION.** - **ANNEXURE MA1 TRUE COPY OF GO(MS)NO.55/2019/H & FWD DATED 08.04.2019 ISSUED BY THE 1ST RESPONDENT (AS PER IN MA EKM) NO.1034/2019.** - **EXHIBIT P (MA2) TRUE COPY OF REPRESENTATION DATED 07.06.2019 SUBMITTED BY THE APPLICANT BEFORE THE 1ST RESPONDENT (AS PER IN MA (EKM) NO.1034/2019).** **EXHIBIT P10** **TRUE COPY OF THE ORDER OF OA NO.1389/2018 DATED 13.12.2019.**