IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 WA.No. 10 of 2010() ------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.36601/2009 .................... APPELLANT(S): PETITIONERS ------------------------- 1. DR.B.VENUGOPAL, THALAPPALLIL HOUSE, CHIRAKADAVU CENTRE P.O., THEKKETHUKAVALA, PONKUNNAM-686519, KOTTAYAM DISTRICT. 2. DR. K.B.UNNIKRISHNAN, SREEKRISHNA VILASAM, KADATHUR, K.S.PURAM.P.O., KARUNAGAPPALLY-690544. BY ADV. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH 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. CENTRAL COUNCIL OF HOMOEOPATHY, 10-COMMUNITY CENTRE, BASANT LOK, VASANTH VIHAR, NEW DELHI-110057. GOVT.PLEADER SMT.R.BINDU ADV.SRI.M.AJY, S.C., SECOND RESPONDENT. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. ---------------------------------------------- W.A. No.10 of 2010 ---------------------------------------------- Dated 6th January, 2010. J U D G M E N T Balakrishnan Nair, J. The appellants are the writ petitioners. The writ petition was filed by them, challenging Ext.P3 notification issued by the second respondent, inviting applications for appointment to the post of Medical Officers in Homoeopathy. The opening portion of Ext.P3 would show that the applications were invited for appointment on contract basis. The general conditions which form part of Ext.P3 stipulate that the recruitment is for a period of three months, which may be extended based on the performance of the candidate. The said notification says that for the post of Medical Officer (Homoeopathy), only bachelors degree holders in Homoeopathic Medicine and Surgery are entitled to apply. The appellants are Diploma holders in Homoeopathic Medicine and Surgery. Therefore, they are ineligible as per Ext.P3 notification to apply for the post. According to the appellants, Section 15(2) of the Homoeopathy Central Council Act provides that any person who is having a recognized medical qualification and registration with the State/Central Council of Homoeopathy, is entitled to hold WA NO.10/2010 2 the office of Homoeopathic physician under the Government and other local bodies, whatever be the designation of that post. Since the appellants are having recognized qualification and registration with the Travancore-Cochin Council of Homoeopathic Medicine, they are entitled to work as Medical Officers (Homoeopathy), notified under Ext.P3. So, they should not have been excluded, it is submitted. But, the learned Single Judge declined to accept this contention and dismissed the writ petition. Hence this appeal. 2. We heard the learned counsel Sri.P.B.Sahasranaman for the appellants. He brought to our notice Section 15(2) of the Homoeopathy Central Council Act, 1973. The said Section reads as follows :- 15. Right of persons possessing qualifications included in Second or the Third Schedule to be enrolled-- x x x x x x x x x x x x (2) No person, other than a practitioner of Homoeopathy who possesses a recognized medical qualification and is enrolled on a State Register or the Central Register of Homoeopathy-- (a) shall hold office as Homoeopathic physician or any other office (by whatever designation called) in Government or in arty institution maintained by a local or other authority; WA NO.10/2010 3 (b) shall practice Homoeopathy in any State; (c) shall be entitled to sign or authenticate a medical or fitness certificate or any other certificate required by any law to be signed or authenticated by a duly qualified medical practitioner; (d) shall be entitled to give any evidence at any inquest or any Court of law as an expert under Section 45 of the Indian Evidence Act, 1872 on any matter relating to Homoeopathy. Going by Section 15(2), it is clear that the minimum qualifications essential for holding the post of Homoeopathic physician in Government service are, recognized medical qualification in Homoeopathy and registration with the State/Central Council of Homoeopathy. But, if the employer thinks that only the Post Graduates need be appointed and a notification is issued in that regard, this Court cannot interfere on the ground that the employer concerned is Government or a Board Constituted by the Government. It is a matter of policy, with which this Court cannot interfere. If the respondents 1 and 2 think that only Graduates need be considered for appointment, they are acting well within their powers. Their decision cannot be described as ultravires or unauthorised or contrary to Section 15(2) of the Act. In view of the above position, we find no merit in the challenge against WA NO.10/2010 4 Ext.P3. Accordingly, the writ appeal fails and it is dismissed. K.BALAKRISHNAN NAIR, JUDGE. C.T.RAVIKUMAR, JUDGE. tgs K.BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. ---------------------------------------------- W.A. No.10 of 2010 ---------------------------------------------- J U D G M E N T Dated 6th January, 2010.