IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 WP(C).No. 33592 of 2009(T) -------------------------- PETITIONER(S): ------------------ DR.SUMAM.J, AGED 42 YEARS, D/O.N.DHARMARAJ, KUNNUMPURATHU VEEDU, DEVASAM LINE, H.NO.5, KESAVADASAPURAM, PATTOM.P.O, THIRUVANANTHAPURAM-4. BY ADV. SRI.B.RENJITHKUMAR RESPONDENT(S): -------------------- 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, NEW DELHI. 2. STATE MISSION DIRECTOR, NATIONAL RURAL HEALTH MISSION - NRHM, STATE HEALTH & FAMILY WELFARE SOCIETY, STATE PROGRAM MONITORING SUPPORT UNIT, STATE & HEALTH SERVICES,GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM-695 035. SRI.T.P.M.IBRAHIMKHAN, ASG SRI.M.AJAY, SC, NRHM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2009, ALONG WITH WPC NOS.33596 AND 33597/09, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NOs. 33592, 33596 & 33597 OF 2009 ============================== Dated this the 24th day of November, 2009 J U D G M E N T The issue raised in these writ petitions is concerning the eligibility of Graded BHMS degree holders to be considered for the post of Medical Officer, Homoeo. According to the petitioners, as they possess Graded BHMS Degree, they are not likely to be considered. 2. Standing counsel appearing for the respondents has brought to my notice judgment rendered by the Division Bench of this Court in WA NO.2494/09 and connected cases directing the National Rural Health Mission, Kerala to permit candidates similar to the petitioners herein who have submitted valid applications, to participate in the selection for the year 2009. 3. In view of the above, if the petitioners possess Graded BHMS Degree and have made valid applications, there is no reason why their candidature shall not be considered. Therefore, these writ petitions are disposed of clarifying that the petitioners shall also be given the benefit of the judgment of the Writ Appeal referred to above. ANTONY DOMINIC, JUDGE Rp