Dismissed

Sree Vidyadhiraja Homeopathic Medical College v. Dr. Tara.L

Kerala HC24 Nov 2021WA/521/2021

Case brief

AI extract

What is this about?

Two writ appeals were filed by a homeopathic medical college challenging a single judge order that set aside disciplinary proceedings against the principal due to apparent malice and delay. The Supreme Court allowed the appeal, dismissing the college's challenge upholding the lower court decision.

What did the court decide?

The writ appeals failed and were dismissed; no interference with the lower court's judgment allowing the petitioner to continue as Principal.

Sree Vidyadhiraja Homeopathic Medical College Vs Dr… — Service and Employment | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR

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THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

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WEDNESDAY, THE 24^TH DAY OF NOVEMBER 2021/3RD AGRAHAYANA, 1943

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W.A NO.836 OF 2021

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AGAINST THE JUDGMENT DATED 22.2.2021 IN W.P(C).NO.20394/2020 OF HIGH COURT OF KERALA, ERNAKULAM

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APPELLANTS/3RD & 4TH RESPONDENTS:

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1 SREE VIDHYADHIRAJA HOMEOPATHIC MEDICAL COLLEGE NEMOM, THIRUVANANTHAPURAM-695 020, REPRESENTED BY ITS MANAGER.

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2 DR.R. AJAYKUMAR, MD DM., SECRETARY, SREE VIDYADHIRAJA VIDYA SAMAJAM, ASWATHY, HINDU MISSION ROAD, THIRUVANANTHAPURAM- 695 001, KERALA,AND MANAGER, SHREE VIDYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE, NEMOM P.O.THIRUVANANTHAPURAM-20.

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BY ADV.SRI.GEORGE POONTHOTTAM (SR.) BY ADV.SRI.P.M.SANEER

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RESPONDENTS/PETITIONER & RESPONDENTS 1, 2 & 5:

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1 DR.TARA L. AGED 58 YEARS W/O.K.G. SREEKUMAR, PRINCIPAL, SREE VIDYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE, NEMOM P.O. THIRUVANANTHAPURAM- 695 020.

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RESIDING AT THUNDATHIL, TC.37/1639, KOTHALAM ROAD, FORT P.O. THIRUVANANTHAPURAM - 695 023.

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2 STATE OF KERALA REPRESENTED BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

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3 THE PRINCIPAL AND CONTROLLING OFFICER, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, IRANIMUTTOM, THIRUVANANTAHPURAM - 695 010.

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W.A.No.836 & 521/2021 :: 2 ::

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4 THE KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O. THRISSUR 680 596, REPRESENTED BY ITS REGISTRAR.

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BY ADV.SRI.ELVIN PETER P.J. BY ADV SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES BY SRI.PREMCHAND R. NAIR, SR. GOVT. PLEADER

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24.11.2021 ALONG WITH W.A.NO.521/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.A.No.836 & 521/2021 :: 3 ::

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR

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THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

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WEDNESDAY, THE 24^TH DAY OF NOVEMBER 2021/3RD AGRAHAYANA, 1943

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W.A NO.521 OF 2021

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AGAINST THE JUDGMENT DATED 22.2.2021 IN W.P(C).NO.28675/2020 OF HIGH COURT OF KERALA

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APPELLANTS/3RD AND 4TH RESPONDENTS:

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1 SREE VIDYADHIRAJA HOMEOPATHIC MEDICAL COLLEGE NEMOM, THIRUVANANTHAPURAM-695 020, REPRESENTED BY ITS MANAGER.

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2 SECRETARY,

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SREE VIDYADHIRAJA VIDYA SAMAJAM, ASWATHI, HINDU MISSION ROAD, THIRUVANANTHAPURAM-695 001, KERALA, AND MANAGER, SREE VIDYADHIRAJA HOMEOPATHIC MEDICAL COLLEGE, NEMOM, THIRUVANANTHAPURAM-695 020.

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BY ADV.SRI.GEORGE POONTHOTTAM (SR.) BY ADV.SRI.P.M.SANEER

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RESPONDENTS/PETITIONER & RESPONDENTS 1 & 2 & 5:

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1 DR. TARA.L AGED 58 YEARS W/O. K.G.SREEKUMAR, PRINCIPAL, SHREE VIDYADHIRAJA HOMEOPATHIC MEDICAL COLLEGE, NEMOM, THIRUVANANTHAPURAM-695020, RESIDING AT THUNDATHIL, TC.37/1639, KOTHALAM ROAD, FORT P.O., THIRUVANANTHAPURAM-695 023.

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2 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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W.A.No.836 & 521/2021 :: 4 ::

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3 THE PRINCIPAL AND CONTROLLING OFFICER, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, IRANIMUTTOM, THIRUVANANTHAPURAM-695 010.

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4 THE KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O., THRISSUR-680 596, REPRESENTED BY ITS REGISTRAR.

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BY ADV.SRI.ELVIN PETER P.J. BY ADV.SRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES BY SRI.PREMCHAND R. NAIR, SR. GOVT. PLEADER

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24.11.2021 ALONG WITH W.A.NO.836/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.A.No.836 & 521/2021 :: 5 ::

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J U D G M E N T

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A.K. Jayasankaran Nambiar, J.

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These appeals have been preferred by the Shree Vidyadhiraja Homeopathic Medical College, represented by its Manager, against the common judgment of a learned Single Judge dated 22.2.2021 in W.P.(C).Nos.20394/2020 and 28675/2020.

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Briefly stated, the facts in the writ petitions are that the writ petitioner, who was working as the Principal of the appellant Homeopathic Medical College, was issued a show cause notice on 23.9.2020, followed by a charge memo and statement of allegations together with a forwarding letter. While the show cause notice itself was challenged in W.P.(C).No.20394/2020, the charge memo, statement of allegations and the forwarding letter were impugned in W.P.(C).No.28675/2020. The main contention urged in both the writ petitions preferred by the petitioner was that the disciplinary proceedings initiated against her were based on a complaint received from one Nandagopan on 5.7.2020, and pertained to the

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W.A.No.836 & 521/2021 :: 6 ::

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circumstances under which the petitioner was appointed as Tutor in the College with effect from 5.6.2002. Her initial appointment in the Homeopathic Hospital was as a Junior Medical Officer with effect from 1.2.1991, and her probation in the said post was declared on 16.2.1993. Thereafter, after the Shree Vidyadhiraja Homeopathic Medical College was reopened as a Degree College in 2001, and after the direct payment system was introduced in the College, she was appointed as Tutor in the College with effect from 5.6.2002. Later, she was successively appointed as Lecturer, Reader, Professor and Principal, and all the said appointments had been duly approved by the University, and the petitioner was drawing salary in all the above mentioned posts. The challenge against the impugned show cause notice, the charge memo and statement of allegations was essentially premised on the delay occasioned in initiating the said proceedings as also on the allegation that there was nothing other than animosity that triggered the initiation of the proceedings against the petitioner.

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The learned Single Judge, who considered the matter, found force in the contentions of the learned counsel for the petitioner that the material available in the writ petitions clearly indicated that the petitioner had been included in the approved staff list as a teaching faculty in the College since 2002, and there had been no objection raised from any quarter with regard to the age or other eligibility

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W.A.No.836 & 521/2021 :: 7 ::

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conditions for her holding various posts in the College. In particular, it was noticed that the appointments to successive posts had been duly approved, and the petitioner was functioning as the Principal of the College. The learned Judge found therefore that there was nothing other than a clear malice apparent in the entire proceedings initiated against the petitioner at this distance of time. The writ petitions were therefore allowed and the impugned notices and orders set aside. There was also a direction to the respondents to permit the petitioner to continue as Principal in the College.

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Before us, it is the submission of the learned senior counsel Sri.George Poonthottam, instructed by Adv.Sri.P.M.Saneer, that there were various discrepancies noticed in the initial appointment of the petitioner as Junior Medical Officer, which was a non-teaching post, and her subsequent appointment as Tutor, which was a teaching post. His attempt before us was to try and establish that the anomalies in the said appointment came to the notice of the management only when a complaint was filed by Nandagopan on 5.7.2020. At the very outset, and without venturing any further into the facts of the case, we feel that this submission of the learned senior counsel cannot be accepted. It cannot be in dispute that in the appointment of the writ petitioner, the management also had an integral role to play. For the management to now contend that it was not aware of the alleged

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W.A.No.836 & 521/2021 :: 8 ::

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irregularities in the manner of appointment of the writ petitioner for a period of nearly 20 years, more so when during the said period of 20 years, the petitioner had occupied various posts in the hierarchy of posts and was eventually appointed as the Principal of the College, is to say the least, shocking, and grossly unfair to the petitioner. In a country governed by the rule of law, all actions, be it Legislative, Executive or Judicial, have to be informed by the principles of fairness that form an integral aspect of the rule of law. An administrative authority like the management of a College, is also expected to exercise its power, including the power to initiate disciplinary proceedings against faculty members, with due regard to the principles of fairness. We find ourselves in complete agreement with the reasoning of the learned Single Judge, who found the actions of the appellant to be unfair to the writ petitioner. Accordingly, we refuse to interfere with the well-reasoned judgment of the learned Single Judge. The writ appeals fail and are accordingly dismissed.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR JUDGE

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Sd/MOHAMMED NIAS C.P. JUDGE

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prp/25/11/21

Sree Vidyadhiraja Homeopathic Medical College v. Dr. Tara.L

Case brief

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Sree Vidyadhiraja Homeopathic Medical College v. Dr. Tara.L

Case brief

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