IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 WP(C).No. 4162 of 2008(U) ------------------------- PETITIONER: ------------ G. ABDUL SALAM, WORKING AS HEAD CLERK GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE THIRUVANANTHAPURAM. BY ADV. SRI.JAGADEESH LAKSHMAN SRI.K.R.RAJKUMAR RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT HEALTH AND FAMILY WELFARE (J)DEPARTMENT THIRUVANANTHAPURAM. 2. THE PRINCIPAL & CONTROLLING OFFICER GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE IRANIMUTTAM, MANACAUD P.O. THIRUVANANTHAPURAM-9. ADDITIONAL RESPONDENTS: 3. ALI.P., WORKING AS SENIOR SUPERINTENDENT, GOVERNMENT HOMOEO MEDICAL COLLEGE, KOZHIKODE. 4. SUNIL.P, WORKING AS LAY SECRETARY, GOVERNMENT HOMOEO MEDICAL COLLEGE HOSPITAL, KOZHIKODE. 5. SURESH.C, SENIOR SUPERINTENDENT, GOVERNMENT HOMOEO MEDICAL COLLEGE, IRANIMUTTAM, MANACAUD P.O., THIRUVANANTHAPURAM-9. 6. M.ABDUL MAJEED, LAY SECRETARY, GOVERNMENT HOMOEO MEDICAL COLLEGE HOSPITAL, IRANIMUTTAM, MANACAUD P.O., THIRUVANANTHAPURAM-9 7. P.J.JOSEPH, JUNIOR SUPERINTENDENT, GOVERNMENT HOMOEO MEDICAL COLLEGE, KOZHIKODE. 8. M.P.RAJAN, WORKING AS JUNIOR SUPERINTENDENT, GOVERNMENT HOMOEO MEDICAL COLLEGE HOSPITAL, KOZHIKODE. 9. SADANANDAN.K., JUNIOR SUPERINTENDENT GOVERNMENT HOMOEO MEDICAL COLLEGE, IRANIMUTTAM, MANACAUD P.O., THIRUVANANTHAPURAM-9 10. SMT.BEENA.M., WORKING AS HEAD CLERK, GOVERNMENT HOMOEO MEDICAL COLLEGE HOSPITAL, IRANIMUTTAM, MANACAUD P.O., THIRUVANANTHAPURAM-9 11. N.SASIVARNNAM, WORKING AS HEAD COERK, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE HOSPITAL, IRANIMUTTAM, MANACAUD P.O., THIRUVANANTHAPURAM-9 (ADDL.R3 TO R11 IMPLEADED AS PER ORDER NO.1938/08 ON 7.2.2008) G.P.SHRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.4162 of 2008 ================== Dated this the 7th day of February, 2008 J U D G M E N T The petitioner is aggrieved by the proposal to promote persons, although they do not possess test qualification, on the ground that on completion of the age of 50 years, they are exempted from the test qualification. The contention of the petitioner is that since passing of account test is a necessary qualification prescribed in the Special Rules themselves, no exemption from test qualification can be granted on the ground that the incumbent has completed the age of 50 years. Detailing his grievances, the petitioner has filed Ext.P5 representation before the 2nd respondent. The petitioner seeks a direction to the 2nd respondent to consider these aspects and dispose of Ext.P5 expeditiously. 2. I have heard the learned Government Pleader also. 3. In the facts and circumstances of the case, I direct the 2nd respondent to consider and pass appropriate orders on Ext.P5, as w.p.c.4162/08 expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner as well as additional respondents 3 to 11 and others who may be affected by any order in favour of the petitioner. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.4162/08 S.SIRI JAGAN, J. ================== I.A.No.1938/08 in W.P.(C).No.4162/08 ================== Dated this the 7th day of February, 2008 O R D E R This application is to implead the following persons as additional respondents in the writ petition. 1. Ali.P., working as Senior Superintendent, Government Homoeo Medical College, Kozhikode. 2. Sunil.P, working as Lay Secretary, Government Homoeo Medical College Hospital, Kozhikode. 3. Suresh.C, Senior Superintendent, Government Homoeo Medical College, Iranimuttam, Manacaud P.O., Thiruvananthapuram-9. 4. M.Abdul Majeed, Lay Secretary, Government Homoeo Medical College Hospital, Iranimuttam, Manacaud P.O., Thiruvananthapuram-9 5. P.J.Joseph, Junior Superintendent, Government Homoeo Medical College, Kozhikode. 6. M.P.Rajan, working as Junior Superintendent, Government Homoeo Medical College Hospital, Kozhikode. 7. Sadanandan.K., Junior Superintendent Government Homoeo Medical College, Iranimuttam, Manacaud P.O., Thiruvananthapuram-9 w.p.c.4162/08 8. Smt.Beena.M., working as Head Clerk, Government Homoeo Medical College Hospital, Iranimuttam, Manacaud P.O., Thiruvananthapuram-9 9. N.Sasivarnnam, working as Head Coerk, Government Homoeopathic Medical College Hospital, Iranimuttam, Manacaud P.O., Thiruvananthapuram-9 Heard. Allowed. The above persons are impleaded as additional respondents 3 to 11 in the writ petition. sdk+ S.SIRI JAGAN, JUDGE