VIDYADHIRAJA HOMEOPATHIC MEDICAL COLLEGE Vs. THARA

JUDGEMENT

(1.) This appeal is filed by the 3rd respondent in WP(C) No. 11114/2020 challenging judgment dated 26/6/2020 by which the learned Single Judge had set aside Ext.P8 and directed that the writ petitioner should be entitled to all consequential benefits. Ext.P8 is a proceedings issued by the Secretary of the appellant Institution relieving the writ petitioner Dr.L.Tara from the post of Principal, SVHMC and Medical Superintendent, SVH Hospital temporarily w.e.f. 1/6/2020 and she was appointed as Academic Advisor to the Principal, holding the post of Professor and Head of the Department of Practice of Medicine. It was further indicated that she was relieved from the post of Principal only on account of the Covid pandemic and until she is fit to take full responsibility of Principal/Medical Superintendent. This order came to be passed when the writ petitioner informed the Manager that she will not be in a position to be physically present in the college as well as hospital on a daily basis, as her husband had tracheostomy and he will have to be isolated in a room. She further stated that she was doing her work at home and she will be attending the college once in a week to ensure that everything is in order.

(2.) Writ petitioner contended that relieving her from the post of Principal and posting her as an Advisor to the Principal is malafide. According to her, she was appointed as Principal being the senior-most Professor and head of Department of Practice of Medicine and she is entitled to continue in the said post until she attains her retirement or until she resigns from the said post. She only requested for an on-line duty on account of the Covid pandemic and taking into account the plight of her husband.

(3.) The College however took up a contention that since she was unable to perform the functions of Principal, an alternate arrangement had been made to ensure that the Principal's office functions in full swing. According to them, there is no illegality in taking such a decision to treat her as an Advisor to the Principal since she could work at home.