A. M. KUNHI KOYAMU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners in these cases are teachers in Medical colleges in the Speciality of Psychiatry. All of them challenge the select list prepared by the Departmental Promotion Committee (DPC) and published in the Gazette dated 19.10.93, Ext. P5 in O. P. 8754/94. By Ext. P5 (in O. P. No. 8754/94) the 4th respondent Dr. Praveenlal has been assigned a date 28.7.1983 for promotion to the post of Assistant Professor in the Department of Psychiatry. Objecting to it on the ground that he was not qualified as on that date, the petitioners represented before the DPC The DPC considered their objections and declined to review Ext. P5, as per Ext. P5 letter communicated by the Government, Exts. P5 and P8 are under challenge in these original petitions.

(2.) Contention of the petitioners is that the 4th respondent who is assigned the date 28.7.83 for promotion to the post of Assistant Professor was not qualified as on that date. Ext. P1 is the government order prescribing teaching experience as a qualification for the teaching staff in Medical Colleges. Para.4 thereof provides as follows:

(3.) The 4th respondent commenced service on 16.1.80 as Tutor. He did not have post graduate qualification at that time. He underwent Diploma Course during the period from 17.12.80 to 16.2.83. As per Ext. P5, he is assigned the date of promotion as Assistant Professor on 28.7.83. The petitioner had the teaching experience to his credit only during the period from 16.1.80 to 16.12.80 and from 17.2.83 to 27.7.83, when he was considered for promotion with reference to 28.7.83. The period between 17.12.80 to 16.2.83 cannot be counted as teaching experience to his credit as per Para.4 of Ext. P1 extracted above. In effect, he had only less than 1 1/2 years service when he was assigned a date of promotion by DPC on 28.7.83. Three years teaching experience is the minimum qualification, admittedly, for promotion to the post of Assistant Professor. The 4th respondent did not have, as per the service details mentioned above, that minimum experience qualification. Therefore, his inclusion in Ext. P5 with date of promotion as 28.7.83 was illegal.