K JYOTHINDRA KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) (i) Can Dentistry be considered to be a specialty of Medicine

(2.) Considering the expansion in the field of medical education, the need for a single Directorate to plan and co-ordinate activities relating to education, training and service of Medical, Dental, Nursing and Para-Medical personnel was felt. It was in such circumstance that the 5 Medical Colleges in the State, the 2 Dental Colleges, 3 colleges of Nursing and a college of Pharmaceutical Studies were brought under a Directorate by Exhibit P1 on 10.05.1983. The Directorate was mainly entrusted with the administrative functions; but in the context of the same having been established for co-ordinating Medical and other ancillary educational systems, one post of Director and two posts of Joint Director were created. Though these were administrative posts, the Director was from the Medical College service and one each of the Joint Directors from Medical College service and Dental College service. Among the two posts of Joint Director, being equivalent to the cadre of Principal of Medical College, one was set apart for the cadre of Principal, Medical College service and the other to the Dental College service. Even then, it is to be noticed that there was no separate Principal for Dental Colleges and probably considering the increasing significance of Dentistry and also the demands of the teachers in Dental College service, a post of Joint Director was created, which was equivalent to that of a Principal of Medical College. The Joint Director from the Medical College service was designated as Joint Director (M) and that from Dental College service was designated as Joint Director (G).

(3.) It was after the creation of the Directorate that by Exhibit P31 dated 19.09.1983, the Dental wings attached to the Medical Colleges were integrated with the Dental College, Thiruvananthapuram; thus creating a common Dental College service. The system of the Principal of the Medical College having administrative control over the Dental Colleges still continued. The Dental Colleges were given independent status only in the year 1996 by Exhibit P4 dated 4.3.1996 and two posts of Principals were created. Hence, the position was that, prior to the creation of Directorate of Medical Education, the Medical, Dental, Pharmacy, Nursing and Para-Medical educational institutions were under the administrative control of the Principal of the respective Medical Colleges and on the creation of a Directorate, all such institutions were brought under the administrative control of such Directorate. The Directorate was headed by a Director from the Medical College service. Of the two posts of Joint Director, one was made equivalent to that of Principal of Medical Colleges and the other was set apart for the Dental College service. While one of the posts of Joint Director was filled up from among the persons qualified to be Principal in the Medical College service, the eligible person in the Dental College service was posted as the Joint Director (General). On the Dental Colleges being given independent status and two posts of Principals having been sanctioned, the Joint Director (General) was one who had the eligibility to be posted as Principal of a Dental College and the said post was considered to be equivalent to the post of Principal of Dental College.