IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 12TH SEPTEMBER 2007 / 21ST BHADRA 1929 OP.No. 34858 of 2000(Y) -------------------------------- PETITIONER: ---------------- KERALA HOMOEO MEDICAL GRADUATES ASSOCIATION, REGISTRATION NO. 154/87, LAYAM ROAD, THRIPPUNITHURA, ERNAKULAM DIST. , REP. BY GENERAL SECRETARY, DR. V.K. AJITH KUMAR. BY ADV. SRI.M.K.CHANDRA MOHANDAS RESPONDENTS: ----------------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HOMOEOPATHY, DIRECTORATE, THIRUVANANTHAPURAM. 3. THE KERALA PUBLIC SERVICE COMMISSION, REP. BY THE SECRETARY, PATTOM, THIRUVANANTHAPURAM. 4. ANIL KUMAR, GOVT. HOMOEO DISPENSARY, PAZHAYARIKANDOM, IDUKKI DIST. 5. NOORUDHEEN KUTTY, MEDICAL OFFICER, GOVT. HOMOEO DISPENSARY, NAMBARATHUKAVU, KOZHIKODE. 6. R.E. PRASANTH, MEDICAL OFFICER, GOVT. HOMOEO DISPENSARY, CHADAYAMANGALAM. 7. P.C. SREELATHA, MEDICAL OFFICER, GOVT. HOMOEO DISPENSARY, PALAKKADU. 8. V.K. BINDHU, MEDICAL OFFICER, MARUTHA ROAD, PALAKKADU. Tga OP NO. 34858/2000 9. A.R. KUNJAPPAN, MEDICAL OFFICER, GOVT. HOMOEO DISPENSARY, PONMALA, MALAPPURAM. 10. V.P. RUGMINI AMMA, MEDICAL OFFICER, GOVT. HOMOEO HOSPITAL, PALAKKADU. 11. A.M. JAMEELA BEEVI, MEDICAL OFFICER, GOVT. HOMOEO DISPENSARY, PANDIKKADU, MALAPPURAM. 12. B. SULOCHANA DEVI, MEDICAL OFFICER, PULPATTA, MALAPPURAM. BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC GOVERNMENT PLEADER SMT. SMITHA SUKUMARAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 12/09/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tga OP NO. 34858/2000 Y ORDER ON CMP NO. 59550/2000 IN OP NO. 34858/2000 Y. DISMISSED 12/09/2007. SD/- THOTTATHIL B.RADHAKRISHNAN, JUDGE. APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE NOTIFICATION PUBLISHED BY THE GOVT. GO MS NO. 111/89/H & FWD DT. 17/5/89. EXT.P2. COPY OF THE AMENDED NOTIFICATION NO GO P NO. 185/99/H & FWD DT. 27/5/99 BY THE GOVT. OF KERALA. EXT.P3. COPY OF THE PROCEEDINGS BY THE DIRECTOR OF HOMOEOPATHY DT. 18/12/95 NO. E4/11469/95/DH. EXT.P4. COPY OF THE NOTIFICATION SHOWING THE QUALIFICATION PRESCRIBED BY THE KPSC FOR THE POST OF PHARMACIST (HOMOEO) DT. 27/10/98. EXT.P5. COPY OF THE ORDER BY THE R2 NO. 1317/EA1/2000/DATED 10/8/00. RESPONDENT'S EXHIBITS NIL. True copy tga THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- O.P.No.34858 OF 2000 ------------------------------------------- Dated this the 12th day of September, 2007 JUDGMENT The petitioner is an association of Homeo Medical Graduates. This writ petition is filed in December, 2000 complaining that adhoc temporary appointments are made by recourse to Rule 9 (a) (1) of the General Rules from among Pharmacists, Nurses etc. while medical graduates stand without employment. 2. Though service of notice on the private respondents have not been carried out, I do not find that at this distant point of time, it would be appropriate to interfere with the impugned Ext.P5. In the aforesaid circumstance, this writ petition is disposed of directing that any complaint of the petitioner regarding non maintenance of appropriate ratio will be adverted to and OP.34858/00 Page numbers considered by the Government and the Public Service Commission, as may be necessary, in accordance with law. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb. OP.34858/00 Page numbers ======================= THOTTATHIL B. RADHAKRISHNAN, J O.P.NO.34858 OF 2000 JUDGMENT 12th SEPTEMBER, 2007. =======================