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 29TH JULY 2009 / 7TH SRAVANA 1931 W.A.No. 1655 of 2009 -------------------------------- AGAINST THE JUDGEMENT IN WPC.17552/2009 Dated 15/07/2009 .................... APPELLANT(S): PETITIONERS: --------------------- 1. DR.RAMASWAMY P.S., S/O.PROF.(LATE)SUNDARAM, 1/401, `AGASTHIA', KARAKULAM, THIRUVANANTHAPURAM. 2. DR.R.BINDU, W/O.DR.RAMASWAMY, LAKSHMI NIVAS, MUDAVOORPARA, BALARAMAPURAM, THIRUVANANTHAPURAM. 3. DR.PRASANNKUMARI, `AMBIKA MANDIRAM' ELMAD P.O., AYOOR VIA, KOLLAM DISTRICT. BY ADV. SRI.J.JAYAKUMAR & SRI. S. JIJI RESPONDENT(S)/RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE STATE MISSION DIRECTOR, NATIONAL RURAL HEALTH MISSION, DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM. - 2 - W.A.No. 1655 of 2009 4. THE CENTRAL COUNCIL OF HOMOEOPATHY REP.BY ITS SECRETARY, 10-COMMUNITY CENTRE, BASANT LOK, VASANTH VIHAR, NEW DELHI-110 057. 5. THE SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HEALTH AND FAMILY WELFARE GOVERNMENT OF INDIA, NIRMAN BHAVAN, NEW DELHI-110 001. 6. DIRECTOR OF HOMOEOPATHY, DIRECTORATE OF HOMOEOPATHY, EAST FORT, THIRUVANANTHAPURAM. R1, 2 AND 6 BY GOVT. PLEADER SMT. R. BINDU. R3 BY STANDING COUNSEL SRI.M.AJAY. R5 BY ASST. SOLICITOR GENERAL SRI. P. PARAMESWARAN NAIR. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. ------------------------------ W.A. No.1655 of 2009 ------------------------------ Dated this, the 29th day of July, 2009 JUDGMENT Balakrishnan Nair, J. The appellants are the writ petitioners. They are Holders of Diploma in Homoeopathy, obtained after 1983, but before the introduction of Four Year Degree Course in the Universities in Kerala in 1990. Now the State Mission Director, Arogyakeralam has invited applications for appointment of Homoeo Medical Graduates in various Districts on contract basis. Ext.P8 is the notification issued in this regard. Since they are diploma holders, they are ineligible to apply. But the appellants pointed out that, the Government, as per G.O.(Ms) No.105/95/H&FWD dated 22.4.1995 have declared that, the Diploma obtained after four years study in Homoeopathy before the enforcement of Homoeopathy (Diploma Course) Regulations, 1983 will be treated as equivalent to Degree in Homoeopathy. The appellants submitted that they should be treated as beneficiaries of that Government order, because they underwent W.A. No.1655 of 2009 - 2 - the Diploma Course in the State of Kerala before the four year degree course was introduced here. The circumstances which led to the issuance of the above-mentioned Government Order dated 22.4.1995, will apply to them also, it is submitted. 2. We do not find that the appellants have challenged the Government Order dated 22.4.1995 in the writ petition, on the ground of non-inclusion of diploma holders, who obtained diploma before the introduction of four year degree course in Homoeopathy or other similar grounds. As long as the said Government Order is in force, only those Diploma Holders who have undergone the course of study in Homoeopathy of four years prior to the enforcement of Homoeopathy (Diploma Course) Regulations, 1983 can be treated as Degree Holders in Homoeopathy. Since the case of the appellants is not covered by the Government Order dated 22.4.1995, , they cannot be treated as degree holders. In the absence of any legal right flowing from any statute, or any order, the appellants cannot get any of the reliefs prayed for in the writ petition. So, we W.A. No.1655 of 2009 - 3 - find nothing wrong in the judgment under appeal. In the result, the writ appeal fails and it is dismissed. Sd/- K. Balakrishnan Nair, Judge. Sd/- C.T. Ravikumar, Judge. DK. (True copy)