The High Court under Article 227 exercises supervisory jurisdiction and cannot correct lower tribunal errors without clear evidence of fundamental principles of law being violated.

JUDGMENT :

ANIL K. NARENDRAN, J.

1. The petitioner-applicant, who is working as Assistant Surgeon in the Kerala Health Services Department, had approached the Kerala Administrative Tribunal at Thiruvananthapuram in O.A.No.1250 of 2023, invoking the provisions under Section 19 of the Administrative Tribunals Act, 1985, seeking stay of operation of Annexure A5 order dated 05.07.2023 issued by the 2^nd respondent Director of Health Services, as far as promotion and transfer of the applicant is concerned, to Taluk Head Quarters Hospital, Alathur, Palakkad, Junior Consultant; and to direct the 2^nd respondent Director of Health Services to consider the relinquishment submitted by the applicant within a time frame to be fixed by the Tribunal and to retain the applicant in the present station.

2. In the original application, the 2^nd respondent Director of Health Servies filed Ext.P2 reply statement dated 19.09.2023, opposing the reliefs sought for, producing therewith Annexures R2(a) and R2(b) documents. The Tribunal, after considering the rival contentions, dismissed the original application, by Ext.P5 order dated 04.06.2025. Paragraphs 3 to 5 of that order read thus:

“3. The 2^nd respondent filed reply statement. It is stated that the applicant acquired PG Degree in May, 2018 and had given option for placement as Junior Consultant in Anaesthesia during the year 2019 and he was included in the seniority list of Medical Officers who had acquired PG Diploma up to 31.12.2018. As per Rule 6 of Annexure R2(a) Special Rules for Kerala Health Service (Medical Officers) Special Rules, 2010, an option once exercised shall be final. It is stated that Dr.Nisha was given placement as Junior Consultant Ophthalmology while she was on LWA for study purpose. She was diagnosed with melanoma on her right foot and later detected multiple metastasis. Considering her health condition, Government had permitted her to discontinue the course and rejoin the Health Services Department. She was thereafter given posting as Assistant Surgeon on humanitarian ground as per Annexure A4 order issued on 11.05.2023. She expired on 15.07.2023.

4. The applicant had attended the counseling conducted on 04.07.2023 for placement as Junior Consultant and he had selected Taluk Head Quarters Hospital, Aalathur, based on his option in Annexure R2(b) list.

5. The issue relating to the relinquishment of placement as Junior Consultant is now settled against the applicant in view of the judgment dated 19.03.2025 in O.P.(KAT)No.420 of 2024. Once the applicant exercised his option, it is final and cannot be relinquished as provided in Rule 6 of the Special Rules.”

3. Feeling aggrieved by Ext.P5 order dated 04.06.2025 of the Tribunal, the petitioner-applicant is before this Court in this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India.

4. Heard the learned counsel for the petitioner-applicant and also the learned Senior Government Pleader for the respondents.

5. The reliefs sought for in this original petition are as follows;

“(i) Set aside Ext.P5 order dated 04.06.2025 in O.A.No.1250 of 2023 and allow Ext.P1 O.A.

(ii) Declare Rule 5 of the Kerala Health Services (Medical Officers) Special Rules, 2010 as bad in law.”

6. Article 227 of the Constitution of India deals with power of superintendence over all courts by the High Court. Under clause (1) of Article 227 of the Constitution, every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.

7. In Shalini Shyam Shetty v. Rajendra Shankar Patil, (2010) 8 SCC 329 the Apex Court, while analysing the scope and ambit of the power of superintendence under Article 227 of the Constitution, held that the object of superintendence, both administrative and judicial, is to maintain efficiency, smooth and orderly functioning of the entire machinery of justice in such a way as it does not bring it into any