K.M. SULAIMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner,and respondents 3 to 5,belong to the teaching staff in Orthopaedics in Medical Colleges of the State.A dispute about the entitlement of the petitioner to be appointed as Professor,in preference to the others,is raised in this writ petition.It is claimed that the petitioner is the senior most Associate Professor in Orthopaedics with experience exceeding 4 1/2 years.He had represented to the Government about his grievances by Ext.P -3 dated 6 -12 -1982.In view of continued inaction,the petitioner approached this court by filing this writ petition.

(2.) THE main attack in the writ petition is directed against Ext.P -2 Government Order dated 22 -12 -1976 whereunder revised qualifications and teaching experience for the various teaching posts in the Medical Colleges had been fixed as detailed in the appendixes to that order.According to the petitioner,they are in direct conflict with the qualifications as prescribed by the Indian Medical Council,the relevant excerpt of which is Ext.P -1.It is contended that the recommendations of the Medical Council framed under S.33(k)of the Indian Medical Council Act,should prevail over the special rules or the Governmental orders dealing with qualification and method of appointment issued by the State Government.

(3.) IT is useful in this connection to extract the relevant provision in the special Rules relating to the qualification and teaching experience of the various posts in the Orthopaedic Department. œPost Qualification Teaching experience Professor/Associate Professor M.S.( Ortho ),M.Ch(Ortho)Specialty Board Orthopaedic Surgery(USA)MS/FRCS with diploma in Orthopaedics or an equivalent qualification. As Reader/Asst Professor in Orthopaedics for 3 years in a Medical College after P.G.Qualification. Reader/Asst Professor -do - As Registrar/Tutor or an equivalent post for at least 3 years in Ortho.Or allied subjects in a teaching institution. Those referred to in the recommendations of the Medical Council are: œPost Academic qualifications Orthopaedics Subject Teaching Research Experience (a) Professor M.S.( Orthopaedics) M.Ch.( Orthopaedics) Speciality Board of Orth. Surgery(USA) (a) As reader in Orthopaedics for five years in a Medical College (b) Reader (b) As Lacturer in Orthopaedics for 3 years in a medical college (c) Lecturer (c) The requisite recognized Post Graduate qualification in the subject and 3 years teaching experience as Tutor/registrar /Resident in Orthopaedics/Medical Officer of Rehabilitation of which 1 year should be after post Graduate qualification. (d) Tutor/Registrar/Resident M.B.B.S 