Dismissed
Dr.Jose Issac v. Kerala University of Health Sciences
Kerala HCWP(C)/17261/2012
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from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT: THE…
What the court decided
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
FRIDAY, THE 22ND DAY OF MARCH 2013/1ST CHAITHRA 1935
WP(C).No. 17261 of 2012 (G)
PETITIONER:
DR.JOSE ISSAC, “THARANGAM” GASHOUSE ROAD, THIRUVANANTHAPURAM-35. (NOW WORKING AS READER IN THE DEPARTMENT OF ORGANON OF MEDICINE).
BY ADV. SRI.T.G.RAJENDRAN.
RESPONDENTS:
1. THE KERALA UNIVERSITY OF HEALTH SCIENCES, REPRESENTED BY ITS REGISTRAR, TRICHUR-680 001.
2. THE REGISTRAR, KERALA UNIVERSITY OF HEALTH SCIENCES, TRICHUR-680 001.
3. THE PRINCIPAL AND CONTROLLING OFFICER, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, THIRUVANANTHAPURAM-695 001.
4. CENTRAL COUNCIL OF HOMOEOPATHY, REPRESENTED BY ITS SECRETARY, NEW DELHI.
R1 & R2 BY SRI.P.SREEKUMAR,S.C, R3 BY GOVERNMENT PLEADER SRI. NOUSHAD THOTTATHIL, R4 BY SRI.P.PARAMESWARAN NAIR,ASG OF INDIA ADV.SRI.CHERIAN VARGHESE.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-03-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Prv.
W.P.(C). NO.17261/2012-G:
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P.1: COPY OF THE COMMUNICATION ISSUED BY THE R.2. DTD. 01/06/2011. EXT.P.2: COPY OF THE NOTIFICATION ISSUED BY THE R.4. DTD. 02/03/2012. EXT.P.3: COPY OF THE INFORMATION ISSUED BY THE PRINCIPAL DTD.14/08/2012.
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.A. TO JUDGE
Prv.
A.M. SHAFFIQUE, J
W.P.(C). NO. 17261 OF 2012
Dated this the 22nd day of March, 2013
JUDGMENT
The petitioner is a Faculty in Organon of Medicine, working as Reader in the Government Homeopathic College. Six students of the college are undergoing research. As per Rules Professors as well as Readers are appointed as Guide to research students. The petitioner complains that he is deliberately avoided and the Guide position had been given to certain others.
W.P.(C). NO. 17261 OF 2012
2
from another department as guide to the other three students. There were in fact 6 students of which petitioner does not have any objection with reference to the Professor from Organon Medicine to be appointed as guide to three students. Objection is with respect to appointing another Professor from a different faculty as guide to three students. Insofar as Note does not indicate that teaching faculty should be from the very same faculty of Homeopathic College, it cannot be stated that the petitioner alone should be appointed as a guide after appointing the professor from the very same faculty. It is open for the University to appoint Professors from other faculties also in view of the Note to the Regulation.
That being the situation, I do not think that any other contentions urged by the petitioner is required to be considered in the matter and accordingly the writ petition is dismissed.
Sd/-
A.M. SHAFFIQUE JUDGE
DCS
2 issues framed by the court
Whether a Reader appointed as Guide for research students must be from the same faculty as the Professor appointed as Guide.
Whether the University exceeds its authority by appointing a Professor from a different faculty as a Guide.
Dr. Jose Issac
The Kerala University of Health Sciences
A.M. Shaffique
As recorded by the court registry
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