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T.SOBHAKUMARI, AGED 49 YEARS v. THE GOVERNMENT OF KERALA, REP. BY - WP(C) No. 19703 of 2006(U)  RD-KL 6145 (23 March 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMWP(C) No. 19703 of 2006(U)
1. T.SOBHAKUMARI, AGED 49 YEARS,
1. THE GOVERNMENT OF KERALA, REP. BY
2. THE DIRECTOR OF MEDICAL EDUCATION,
3. DR.KUMARI SHEELA,
For Petitioner :SRI.T.A.UNNIKRISHNAN
For Respondent :SRI.ELVIN PETER P.J.
The Hon'ble MR. Justice K.M.JOSEPH
O R D E R
K.M.JOSEPH, J.W.P.(C).No.19703 OF 2006
Dated this the 23rd day of March, 2007
Petitioner challenges Ext.P7. Petitioner was working as Professor in Bio-Physics in the Medical College at Thiruvananthapuram. By Ext.P7 order dated 15-06-2006, allowing the request of the third respondent, petitioner was transferred to Medical College, Alappuzha and the third respondent was posted in place of the petitioner.
2. The main contention of the petitioner is that only a person who is qualified to the post of Professor in Bio-Physics can hold the post. According to the petitioner, she is having the said qualification and she was working there and the third respondent was not qualified.
3. On the other hand, learned Government Pleader submits that both the petitioner and the third respondent were not qualified WPC No.19703/06 2 to hold the post of Professor in Bio-Physics.
4. According to the third respondent, both the petitioner and the third respondent was allowed to teach the subject of Bio- Physics.
5. Learned counsel for the petitioner submits that as the third respondent is due to retire on 30-04-2007 and there is no interim stay also, he is not opposed to the third respondent continuing till 30-04-2007, when he retires. He submits that petitioner may however be considered for the said post, when there is a vacancy consequent upon the retirement of third respondent on 30-04-2007. Learned counsel submits that petitioner has infact already applied for transfer to the current post held by the third respondent for being considered in the next general transfer.
6. Learned Government Pleader submits that case of the petitioner will be considered at the time of general transfer in accordance with law. Accordingly, the writ petition is disposed of directing the first WPC No.19703/06 3 respondent to consider the claim of the petitioner for appointment to the post of Professor in Bio-Physics in Govt. Medical College, Thiruvananthapuram at the time of next general transfer in accordance with law. I am not going into the question as to who is qualified to be appointed as Professor in Bio-Physics and it is left open. K.M.JOSEPH
JUDGEsv. WPC No.19703/06 4
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