IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 WP(C).No. 36601 of 2009(U) -------------------------- PETITIONER(S): --------------- 1. DR.N. VENUGOPAL, THALAPPALLIL HOUSE, CHIRAKADAVU CENTRE.P.O, THEKKETHUKAVALA, PONKUNNAM - 686 519, KOTTAYAM DISTRICT. 2. DR.K.B. UNNIKRISHNAN, SREEKRISHNA VILASAM, KADATHUR, K.S. PURAM.P.O, KARUNAGAPALLY - 690 544. BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR, STATE PROGRAMME MANAGER (NATIONAL RURAL HEALTH MISSION), DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. CENTRE COUNCIL OF HOMOEOPATHY, 10 - COMMUNITY CENTRE, BASANT LOK, VASANTH VIHAR, NEW DELHI - 110 057. ADV. SRI.M.AJAY,SC,NATIONAL RURAL HEALTH MIS FOR R2 BY GOVT. PLEADER SRI. P. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.36601 OF 2009 (U) -------------------------------------------------- Dated this the 18th day of December, 2009 J U D G M E N T Petitioner posses the qualification DHMS . According to him, in view of Section 15 of the Homoeopathy Central Council Act and Section 32 of the Travancore Cochin Medical Practitioners Act, a person having diploma holders and degree holders with registration in the respective council alone are eligible to practice in Homoeopathy. It is stated that, despite this requirement the 2nd respondent has issued Ext.P3 notification inviting applications from BHMS holders who does not have registration, for appointment as Medical Officers in Homoeopathy. It is stated that since in Ext.P3, registration in the council is not made a requirement, the said notification is illegal. 2. Going by Ext.P3, only BHMS holders are eligible candidates. Even if it is true that registration in the council is a requirement for practicing as a Medical Officer in Homoeopathy, only those having BHMS and registration can be aggrieved by Ext.P3 and not a diploma holder like the petitioner, who is ineligible to apply for the post. WPC.No.36601 /09 :2 : 3. Counsel for the petitioner submits that going by Sections 15 and 32 of th Act he is entitled to apply for the post of Medical Officer and in that sense, is aggrieved by the notification. It may be true that the qualification possessed by the petitioner is also a prescribed qualification but however it is always open to the appointing authority to prescribe degree as an essential qualification for appointment and Section 15 or 32 referred to above do not stand in the way of that right to prescribe qualification, available to the appointing authority. 4. Therefore, in my view the petitioner is not aggrieved by Ext.P3 and therefore at his instance, there is no reason to examine this issue. Writ petition fails and is dismissed. (ANTONY DOMINIC) JUDGE vi/ WPC.No.36601 /09 :3 :