IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 WP(C).No. 2137 of 2008(D) ------------------------- PETITIONERS: ----------------------- 1. KERALA GOVERNMENT AYURVEDA PHARMACISTS ASSOCIATION, (REG.NO.202/78), KOZHIKODE DISTRICT COMMITTEE, KOZHIKODE, REPRESENTED BY ITS SECRETARY, K.K.PRAMOD. 2. C.RAGHAVAN, PHARMACIST GRADE I, GOVERNMENT AYURVEDA DISPENSARY, ARIKKULAM, P.O.KARAYAD, KOZHIKODE DISTRICT. BY ADV. SRI.P.K.SURESH KUMAR SMT.PRIYA VIJAYAN RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF INDIAN SYSTEMS OF MEDICINE, THIRUVANANTHAPURAM. 3. V.J.MATHEW, GOVT. AYURVEDA DISPENSARY, ELOOR, ERNAKULAM DISTRICT. BY GOVERNMENT PLEADER SRI.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.2137 of 2008 ------------------------- Dated this the 17th day of January, 2008. JUDGMENT The first petitioner is the Kerala Government Ayurveda Pharmacists' Association representing the Pharmacists employed in the Kerala Insurance Medicine Subordinate Service. Second petitioner is the president of the first petitioner Association and is a pharmacist Grade I presently working in the Government Ayurveda Dispensary, Arikkulam in Kozhikode District. 2. Petitioners submit that the second petitioner and other members of the first petitioner Association were directly recruited as Pharmacists Grade II. The method of appointment to the said post as per the Special Service Rules, is by way of direct recruitment or by promotion by applying the ratio of 1 : 1 from the Attenders, Pharmacy Attenders, Laboratory Attenders and Nursing Assistants. Persons, who are working as Pharmacist sisters and nursing sisters in the department of Indian Medicine or Ayurvedic College are entitled to be considered for the post of Pharmacist Grade II. W.P.(C).NO.2137/08 :: 2 :: 3. As per the Special Rules, the persons appointed by promotion shall undergo training as Pharmacist (Ayurveda) for a period of one year, as also pass the examination for which they will be given two chances. The petitioners contend that out of 231 persons, who were promoted as Pharmacist Grade II, only 18 have been sent for training. The net result, according to the petitioners, is that there are unqualified hands functioning as Pharmacists Grade II in different Government Ayurveda Dispensaries and this resulted in, what the learned counsel for the petitioner contends, as havoc on the entire system itself. 4. I heard learned counsel for the petitioner Mr.P.K.Suresh Kumar and learned Senior Government Pleader Sri.Nandakumar. 5. It is true that unqualified hands should not be promoted to man a post like Pharmacist. The post is is sensitive and its impact on the general public cannot be lost sight of. Petitioner has submitted Ext.P2 pointing out this aspect as also other aspects. W.P.(C).NO.2137/08 :: 3 :: In the result, the writ petition is disposed of directing the first respondent to consider Ext.P2 insofar as it relates to the contention of the petitioner that unqualified hands should not occupy the post of Pharmacist Grade I in Government Ayurveda dispensaries. Government shall also see that persons who have been promoted as Pharmacist undergoes the mandatory one year training without delay as such. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge