SHAHEER K.K Vs. RANI MOL P

JUDGEMENT

(1.) All the captioned original petitions arise from a common order dated 23.1.2018 passed by the Kerala Administrative Tribunal. O.P.(KAT)Nos.115 and 116 of 2018 are filed by the contesting party respondents in O.A.(Ekm.)No.856 of 2017. O.P.(KAT)No.235 of 2018 is filed by the 6th respondent in O.A.(Ekm.)No.2869 of 2017 who was one of the contesting respondents therein. O.P.(KAT)No.117 of 2018 is filed by the 4th respondent in O.A.(Ekm.)No.731 of 2017 who was one of the contesting respondents therein. O.P.(KAT)No.387 of 2018 is filed by the official respondents viz., the State and the Director of Medical Education, in O.A.(Ekm.)No.731 of 2017. Though O.A.(Ekm.)No.2884 of 2017 was also allowed as per the aforesaid common order by the Tribunal, none of the respondents therein approached this Court for invoking the power of judicial review of this Court. For the sake of convenience, the parties are referred to hereinafter in this judgment in accordance with their status before the Tribunal unless otherwise specifically mentioned. The applicants are rank holders in a ranked list brought into force by the Kerala Public Service Commission (for short 'PSC') on 30.10.2017, pursuant to the selection process initiated as per Annexure-A1 notification dated 29.12.2015 (marked as such in O.A. (Ekm.)No.731 of 2017), for appointment to the post of Assistant Professor in Prosthodontics in the Department of Kerala Medical Education Services. In fact, all the applicants in O.A.(Ekm.)Nos.2884 of 2017, 2869 of 2017 and 731 of 2017 are included in the ranked list of Assistant Professor (Prosthodontics) published on 30.10.2017. Applicants in O.A.(Ekm.)No.856 of 2017 are included in the lists of Assistant Professor - Prosthodontics, Periodontics and Oral Medicine and Radiology. Respondents 3 and 4 in O.A.(Ekm.)No.731 of 2017 were Lecturers in Communal Dentistry in Government Dental College, Thiruvananthapuram and pursuant to the participation in the selection process initiated under Annexure-A1 notification they are also included in the ranked list published on 30.10.2017. In fact, the pleadings in the Original Application would reveal that the applicants therein approached the Tribunal after participating in the selection process, but before the publication of the ranked list. All the applicants were aggrieved by Annexure-A3 order GO(MS)No.46/2017/H&FWD dated 30.3.2017 (marked as such in O.A.(EKm.)No.731 of 2017) whereby and whereunder Government had accorded sanction for appointment of 17 Lecturers in the Government Medical Colleges in Thiruvananthapuram (Indira Gandhi Medical College), Thrissur, Kozhikode and in the Government Dental Colleges in Thiruvananthapuram, Kozhikode and Kottayam, as Assistant Professors in those departments in which they possess post- graduation and also the consequential orders of appointment. Respondents 3 and 4 in O.A.(EKm.) No.731 of 2017 are among the appointees as Assistant Professors pursuant to Annexure-A3 referred above. Taking note of the fact that all the aforesaid Original Applications were jointly heard and were disposed of by the common order dated 23.1.2018 all the aforementioned original petitions were heard jointly and they are being disposed of by this common judgment.

(2.) Heard the learned counsel on both sides.

(3.) It is to be noted that before the Tribunal trifold contentions were raised by the applicants to mount challenge against Annexure-A3 G.O. dated 30.3.2017 and the consequential orders of appointment. Firstly, it is contended that Lecturers in Communal Dentistry and other disciplines only could be re-designated as Assistant Professors in Communal Dentistry or in the other disciplines concerned where they are working on their acquisition of post-graduation in the discipline concerned. In elaboration of the said contention, essentially they contended that the method of appointment to the post of Assistant Professor as per the relevant Government orders and the Dental Council of India Regulations, is by direct recruitment. Going by G.O. (P)No.425/2009/H&FWD dated 14.12.2009, while revising the scale of pay and allowances in the Government Medical and Dental Colleges, it was stipulated in para 5.1 thereunder that there would only be three teaching grades in the Government Medical and Dental Colleges, namely, Assistant Professor, Associate Professor and Professor. On being made Assistant Professor as the entry cadre post-graduation in the specialty concerned and three years teaching experience were prescribed as qualifications for appointment to that cadre. As noticed hereinbefore, direct recruitment is prescribed as the method of appointment. As per para 5.2 therein existing Senior Lecturers, possessing post-graduate degree in the concerned discipline, are to be redesignated as Assistant Professors and the Lecturers without post- graduate degree in the discipline concerned are to continue as Lecturers till acquisition of post-graduation in the concerned discipline and on such acquisition they were to be redesignated as Assistant Professors. The category of Senior Lecturer was abolished and as per the G.O(MS)No.14/2013/ H&FWD dated 22.1.2013, the Government prescribed the modified qualification and made direct recruitment through PSC as the method of appointment to the post of Assistant Professor. In the said circumstances, the contention raised was that on acquisition of post-graduation in the discipline concerned, where they were working, the Lecturers in different disciplines could have been only redesignated as Assistant Professors that too, only in the discipline concerned where they are working and at any rate, in such circumstances, merely on acquisition of post-graduation they could not have been appointed as Assistant Professors in different disciplines. Secondly, it was contended that once vacancies were reported to PSC such vacancies could not be filled up by any other means. To buttress the said contention they relied on the decision of this Court in Girija v. Director of Industries reported in 2001 (2) KLT 484. It was also contended that while issuing Annexure-A3 order dated 30.3.2017 stating that continuation of Lecturers in various departments, who at the time of their entry in service were having only BDS qualification, despite their acquisition of post-graduation in other disciplines, would not be beneficial for the career prospects of such persons the official respondents had failed to take note of its adverse effect on the very prospects of candidates included in the ranked list dated 30.10.2017 to earn a berth in Government service.