DR. E. T. KURIAKOSE Vs. GOVERNMENT OF KERALA AND OTHERS

JUDGEMENT

(1.) An order of transfer of the petitioner who was the Superintendent of the General Hospital, Ernakulam to the post of District Medical Officer of Health, Ernakulam which order is marked in this proceedings as Ext. P-8 is challenged in this writ petition. As the court's jurisdiction to interfere with such administrative decisions, which usually the Government will have to take frequently in administrative exigencies is very limited, there were rather exhaustive arguments from all sides in this case as to the width and limit of such jurisdiction. In the circumstances I think it only proper on my part to deal with the question at some length. And as the .exercise of such jurisdiction in a given case will naturally depend upon the particular facts and circumstances arising therein it will be useful if I give the facts of the case in some detail. Petitioner's case :

(2.) The petitioner is an eye specialist with special training in corneal transplantation. According to him, as a result of his efforts, facilities for corneal transplantation surgery was established in the Opthaimic wing of the Ernakulam General Hospital. He is the author of a number of scientific articles in Indian and Foreign Opthaimic and medical journals. His contributions on the subject have been quoted with approval by distinguished authors of text books on this speciality. He would contend that he was transferred as Superintendent of the Ernakulam General Hospital in July 1975 on the basis of his representation supported by the District Medical Officer of Health, Ernakulam at the relevant time, that public interest would best be served by making use of his services for the Eye Bank and corneal transplantation facilities at the General Hospital, Ernakulam. He would point out that the number of corneal operations he had performed during the period of 3-1/2 years he worked as Superintendent in the Ernakulam Hospital and also during the period when he was a Civil burgeon exceeds the total number of operations performed during the. said period in all other Government Hospitals in the State (including the Medical College Hospitals).

(3.) His grievances against the present order of transfer are three-fold: (i) it is against public interest ; (ii) it is violative of Government orders in the matter and (iii) it is vitiated by mala fides as the transfer has been motivated by extraneous reasons. Neither public interest nor exigencies of public service required the transfer of the petitioner from his post of the Superintendent, General Hospital, Ernakulam. In regard to the first ground the petitioner would lay stress on his long and reputed service as a specialist in corneal transplantation operation for which facilities are available only at the Ernakulam General Hospital. He would go a step further and state that in the department he is the only trained Surgeon in Eye Bank and Corneal Transplantation. According to him, after his transfer by the impugned order no corneal transplantation surgery at all is now attempted or done in the General Hospital, Ernakulam As regards violation Government orders by the order in question, whit he points out is that in the general principles laid down by the Government regarding the transfer of staff working in the Health Department in of dated 18-5-1977 marked as Ext. P-5 in the case, it is specifically provided (in para 20) that specialised Doctors will be posted to the specialities concerned only, to the extent possible. Government also by an order of 25-11-1978 marked as Ext. P-6 in the case had ordered that there should be no transfers or pastings of officers in the Health Department except for the purpose of filling up of vacant posts caused by promotion or creation of a new post. The manner of filling up vacancies created by promotion of the then incumbent has further been clanged by the Director of Public Health in his 'Note' of 4-1-1979, marked as Ext P-7 in this proceedings wherein it is stated:-