P MURALEEDHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The bone of contention in this case is the right to be promoted as Principal of Government Homoeo Medical College, Kozhikode in the vacancy that arose on 1.5.1996.

(2.) The petitioner has a diploma in Homoeopathic Medicines acquired in the year 1986 and also a Masters Degree in Homoeopathy obtained from the Rajasthan University. He entered service on 29.3.1974 as a Medical Officer in the Homoeopathic Department and subsequently was promoted as Assistant Professor on 3.3.1985 and thereafter as professor on 16.3.1987. The third respondent is senior to the petitioner. He was promoted as Lecturer (re-designated as Assistant Professor subsequently) on 28.11.1981 and was promoted as Professor on 13.2.1986. According to the petitioner, not withstanding the fact that the third respondent is senior as Professor, the petitioner is entitled to be appointed as Principal in the vacancy that arose on 1.5.1986 because he has got preferential qualification, viz. Masters Degree.

(3.) The third respondent filed a counter. But at the time of hearing, he was not represented through any counsel. Consequent on demise of the first counsel for the third respondent, he had been given fresh notice directly and Adv.Mr.Rajeev Lakshmanan had filed vakalath for him then; but he was also absent during hearing. The learned Government Pleader pointed out that the petitioner is disentitled to be appointed as Principal for the reason that he did not have the required administrative experience of five years and also because he did not have the research experience which alone is considered as preferential qualification. On the other hand, the third respondent has the necessary administrative experience and by applying normal criteria for promotion as Principal, the third respondent, by virtue of the seniority, was entitled to get promoted and that is why Ext.P9 order was passed.