JANEESHA.C. Vs. ACADEMY OF MEDICAL SCIENCES

JUDGEMENT

(1.) This writ petition is filed by the petitioner who was a Junior Lecturer in the 1st respondent, i.e., the Academy of Medical Sciences, Pariyaram, Kannur District, seeking direction to the 1st respondent to allow the petitioner to rejoin duty as Lecturer in the Department of Dental Sciences, and for other related reliefs. Brief material facts for the disposal of the writ petition are as follows:

(2.) Petitioner was appointed as Junior Lecturer with the 1st respondent and she joined duty as such on 11.11.2005. While the petitioner was continuing so, she got selection for admission for Master of Dental Surgery in Conservative Dentistry and Endodontic at the A.B. Shetty Memorial Institute of Dental Sciences, Mangalore. According to the petitioner, thereupon, she requested for leave for joining the course, and accordingly, leave was sanctioned by the 1st respondent with effect from 01.05.2011, and thereupon, petitioner joined for the above course. After completing her Master's Degree, petitioner rejoined duty with the 1st respondent on 28.04.2014. Case of the petitioner is that, while the petitioner was continuing on duty, 1 st respondent did not allow the petitioner to take classes and mark attendance from 02.05.2014 onwards.

(3.) It is also submitted that, no disciplinary action is initiated against the petitioner. Therefore, being suspicious, petitioner has submitted a letter under the Right to Information Act, and the 1 st respondent issued a reply stating that the 1st respondent institution does not come under the purview of the above Act, and therefore, it is not liable to answer the queries of the petitioner. Thereafter, a lawyer notice was issued, asking the 1 st respondent to assign the reason why the petitioner was discontinued from service, evident from Ext.P2, to which, 1st respondent has issued Ext.P3 reply assigning the reason that petitioner left the institution without permission for studies, and therefore, not allowed to rejoin duty. With the above background facts, petitioner has filed this writ petition.