IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 WA.No. 2396 of 2009() --------------------- AGAINST THE JUDGEMENT IN WPC.26901/2009 Dated 25/09/2009 APPELLANT(S): PETITIONERS 1. DR.BEENA.R., AGED 39 YEARS, PUTHUMANA, NADUVATHU CHERI, CHAVARA SOUTH POST, KOLLAM DISTRICT. 2. DR.MAYA M.S., AGED 37 YEARS, MUDIYIL HOUSE, AATHINADU SOUTH, KATTILKADAVU POST, KARUNAGAPPALLY. BY ADVS SRI.J.JAYAKUMAR SRI.S.JIJI RESPONDENT(S): RESPONDENTS 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE STATE MISSION DIRECTOR, NATIONAL RURAL HEALTH MISSION, DIRECTORATE OF HEALTH SERVICE, THIRUVANANTHAPURAM. 3. THE SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF INDIA, NIRMAN BHAVAN, NEW DELHI - 110 001. 4. THE CENTRAL COUNCIL OF HOMEOPATHY, REPRESENTED BY ITS SECRETARY, 10, COMMUNITY CENTRE, BASANT LOK, VASANT VIHAR, NEW DELHI - 110 057. 5. DIRECTOR OF HOMOEOPATHY, DIRECTORATE OF HOMOEOPATHY, EAST FORT, THIRUVANANTHAPURAM. BY SENIOR GOVT. PLEADER SRIL BENNY GERVASIS -R1 ADV. SRI. M. AJAY SC. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 2396 OF 2009 --------------------------------------------- Dated this the 28th day of October, 2009 JUDGMENT Kurian Joseph, J. The writ petitioners are the appellants. They are Diploma holders in Homeopathy. Their grievance is that they are not considered for appointment as per Ext.P7 notification. Ext.P7 notification is issued by the National Rural Health Mission. Serial No.1 in the said notification is Medical Officers - Homoeo and the qualification prescribed is BHMS. It is a contractual appointment. It can only be so because evidently it is a project. The contention of the appellants/petitioners is that they are also Medical Officers and duly qualified to be appointed as Medical Officers in the service of the Government since the qualification possessed by them is equivalent to BHMS. Even assuming so, may be it is the misfortune of the appellants/petitioners, the appointing authority has notified the post with the qualification only of degree/BHMS. Hence, it will not be proper for this Court to compel the appointing authority to appoint those who possess equivalent qualification, more so, when they are making a contractual appointment in a project on temporary basis and particularly W.A. NO. 2396/2009 2 since the National Rural Health Mission has not notified the equivalent qualification. In that view of the matter, we do not find any ground to interfere with the judgment of the learned Single Judge. The Writ Appeal is accordingly dismissed. 2. However, the learned counsel for the appellants submits that the appellants may be granted an opportunity to approach the Government seeking modification of Ext.P8 order. We find that Ext.P8 order was passed by the Government pursuant to the clarification issued by the Central Council of Homeopathy. It is for the appellants to move the Central Council of Homeopathy at the first stage and thereafter move the Government. Therefore, we make it clear that the dismissal of the Writ Appeal will not stand in the way of the appellants/writ petitioners moving the forums as above. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A. NO. 2396/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.A.NO.2396/2009 JUDGMENT 28th October, 2009 W.A. NO. 2396/2009 4