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2013 Supreme(Ker) 368

MANJULA CHELLUR, K.VINOD CHANDRAN
Abraham Kuruvilla, Addlitional Professor of Neurology – Appellant
Versus
Sree Chitra Tirunal Institute For Medical Sciences & Technology – Respondent


Advocates Appeared:
For the Appellants:KRB. Kaimal, N. Nandakumara Menon, Sr. Advs., B. Unnikrishna Kaimal, D. Anil Kumar, Advocates.
For the Respondents:P. Santhosh Kumar (Panampalli Nagar), K.P. Chandrasekhar, P. Parameswaran Nair, ASG of India, T.R. Ravi, Advocates.

Judgment :

Manjula Chellur, C.J.

1. Appellant in W.A.No.766 of 2013 was the writ petitioner before the learned Single Judge. He approached the learned Single Judge challenging appointment of the fifth respondent to the post of Director of the Sree Chitra Tirunal Institute for Medical Sciences and Technology, Thiruvananthapuram (hereinafter referred to as 'the Institute').

2. The undisputed facts placed before the Court, in brief, are as under: The writ petitioner was an Additional Professor in the service of the Institute, who was also one of the aspirants for the post of Director of the Institute in pursuance of Exhibit P1 notification. The fifth respondent initially was appointed as Lecturer in Neurology in the Institute and worked between 22.10.1979 and 4.3.1980 and suppressing this fact, he secured employment as Lecturer in Neurology in the Post Graduate Institute of Medical Education and Research, Chandigarh. In spite of pointing out this fact by the appellant before the selection and appointment process of the fifth respondent, the authorities concerned did not take into consideration such challenge. According to them, Rule 14(a) of the Service and Personnel Conduct Rules of





















































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