IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 WP(C).No. 23802 of 2007(H) ---------------------------------------- PETITIONERS: ----------------------- 1. DR.SREEKUMAR.A., IIIRD YEAR M.D.STUDENT, GOVT.HOMOEOPATHIC MEDICAL COLLEGE, CALICUT-10. 2. DR.DEENA ANTONY, IIIRD YEAR M.D.STUDENT, GOVT. HOMOEOPATHIC MEDICAL COLLEGE, CALICUT-10. 3. DR.NASREEN.M., IIIRD YEAR M.D.STUDENT, GOVT. HOMOEOPATHIC MEDICAL COLLEGE, CALICUT-10. 4. DR.SUNILA.S., IIIRD YEAR M.D.STUDENT, GOVT. HOMOEOPATHIC MEDICAL COLLEGE, CALICUT-10. 5. DR.NAFEESA, IIIRD YEAR M.D.STUDENT, GOVT. HOMOEOPATHIC MEDICAL COLLEGE, CALICUT-10. 6. BABY SANTHOSH, IIIRD YEAR M.D.STUDENT, GOVT. HOMOEOPATHIC MEDICAL COLLEGE, CALICUT-10. 7. VIVEK V. DEVAN, IIIRD YEAR M.D.STUDENT, GOVT. HOMOEOPATHIC MEDICAL COLLEGE, CALICUT-10. 8. DR.RAJITH PRAKASH, IIIRD YEAR M.D.STUDENT, GOVT. HOMOEOPATHIC MEDICAL COLLEGE, CALICUT-10. 9. DR.JISHA P.S., IIND YEAR M.D.STUDENT, GOVT. HOMOEOPATHIC MEDICAL COLLEGE, CALICUT-10. Kss ..2/- ...2.... WPC.NO.23802/2007 H 10. DR.RAJESH KARIPPATH, IIND YEAR M.D.STUDENT, GOVT. HOMOEOPATHIC MEDICAL COLLEGE, CALICUT-10. 11. DR.DHANYA M.N., IIND YEAR M.D.STUDENT, GOVT. HOMOEOPATHIC MEDICAL COLLEGE, CALICUT-10. 12. DR.PREETHA V.K., IIND YEAR M.D.STUDENT, GOVT. HOMOEOPATHIC MEDICAL COLLEGE, CALICUT-10. 13. DR.ANISREE PRAKASH, IIND YEAR M.D.STUDENT, GOVT. HOMOEOPATHIC MEDICAL COLLEGE, CALICUT-10. 14. DR.SAMEERA.K., IIND YEAR M.D.STUDENT, GOVT. HOMOEOPATHIC MEDICAL COLLEGE, CALICUT-10. 15. DR.RAVIKUMAR.S., IIND YEAR M.D.STUDENT, GOVT. HOMOEOPATHIC MEDICAL COLLEGE, CALICUT-10. 16. DR.SHARJAN AHAMED, IIND YEAR M.D.STUDENT, GOVT. HOMOEOPATHIC MEDICAL COLLEGE, CALICUT-10. 17. DR.JERALD JAYAKUMAR, IIND YEAR M.D.STUDENT, GOVT. HOMOEOPATHIC MEDICAL COLLEGE, CALICUT-10. 18. DR.JAGATHY M.MOOKNKUNNATH, IIND YEAR M.D.STUDENT, GOVT. HOMOEOPATHIC MEDICAL COLLEGE, CALICUT-10. 19. DR.PRABITHA V.P., IIND YEAR M.D.STUDENT, GOVT. HOMOEOPATHIC MEDICAL COLLEGE, CALICUT-10. 20. DR.RAJIV ABRAHAM, IIND YEAR M.D.STUDENT, GOVT. HOMOEOPATHIC MEDICAL COLLEGE, CALICUT-10. Kss ..3/- ...3.... WPC.NO.23802/2007 H 21. DR.SANGEETHA BALAKRISHNAN, IIND YEAR M.D.STUDENT, GOVT. HOMOEOPATHIC MEDICAL COLLEGE, CALICUT-10. 22. DR.SREEJA.S., IIND YEAR M.D.STUDENT, GOVT. HOMOEOPATHIC MEDICAL COLLEGE, CALICUT-10. 23. DR.VIVEK K.V., IIND YEAR M.D.STUDENT, GOVT. HOMOEOPATHIC MEDICAL COLLEGE, CALICUT-10. BY ADV. SRI.M.A.FIROZ SRI.GEORGE MECHERIL RESPONDENTS: ------------------------- 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, AYUSH, NEW DELHI. 2. THE CENTRAL COUNCIL OF HOMOEOPATHY, JAWAHARLAL NEHRU BHARTIYA CHIKITSA AVUM HOMOEOPATHY ANUSANDHAN BHAVAN, NO.61- 65, INSTITUTIONAL AREA, OPP.'D' BLOCK, JANAKPURI, NEW DELHI- 110058, REPRESENTED BY ITS SECRETARY. 3. THE REGISTRAR CALICUT UNIVERSITY, P.O.THENJIPPALAM, MALAPPURAM DISTRICT. 4. THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 5. THE PRINCIPAL, GOVT.HOMOEOPATHIC MEDICAL COLLEGE, CALICUT, KOZHIKODE. BY SR. GOVERNMENT PLEADER SRI. P.N.SANTHOSH- R4 ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1-2 SRI.P.C.SASIDHARAN, SC, CALICUT UTY. FOR R3 SRI.CHERIAN VARGHESE FOR R2 SRI.P.K.RAMKUMAR FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.23802/2007 H APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RELEVANT PORTION OF THE RESCHEDULED P.G.EXAMINATION NOTIFICATION. EXT.P2: COPY OF THE AMENDED RULES PUBLISHED IN THE GAZETTE OF INDIA, EXTRA ORDINARY DTD. 5/11/2001. EXT.P3: COPY OF THE REGULATIONS FOR POST GRADUATE COURSES IN HOMOEOPATHY FOR CALICUT UNIVERSITY ISSUED BY THE 2ND RESPONDENT. EXT.P4: COPY OF THE RELEVANT PORTION OF THE MINUTES OF THE 115TH MEETING OF THE EXECUTIVE COMMITTEE OF THE CENTRAL COUNCIL OF HOMOEOPATHY HELD ON 26/07/2006. EXT.P5: COPY OF THE COMMUNICATION DTD. 13/11/2006 ADDRESSED TO THE PRINCIPAL, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, KOZHIKODE. EXT.P6: COPY OF THE COMMUNICATION DTD. 21/11/2006 OF THE CCH ADDRESSED TO THE REGISTRAR CALICUT UNIVERSITY. EXT.P7: COPY OF REPRESENTATION SUBMITTED BY THE PETITIONERS TO THE VICE CHANCELLOR, CALICUT UNIVERSITY,MALAPPURAM. EXT.P8: COPY OF REPRESENTATION SUBMITTED BY THE PETITIONERS TO THE VICE CHANCELLOR, CALICUT UNIVERSITY, MALAPPURAM. EXT.P9: COPY OF THE RELEVANT PORTION OF THE MINUTES OF THE EXECUTIVE COMMITTEE, AGENDA ITEM NO.121.35.8 DTD. 10/09/2007. EXT.P10: COPY OF THE LETTER DTD. 21/06/2006 ISSUED TO SRI. P.K.SASI, THE CONTROLLER OF EXAMINATIONS UNIVERSITY OF CALICUT. RESPONDENT'S EXHIBITS: EXT.R2(A): COPY OF THE COMMUNICATION OF THIS MATTER TO THE STATE GOVERNMENT REGISTRAR AND PRINCIPAL DTD. 23/08/2006. EXT.R2(B): COPY OF PANEL OF EXAMINERS RECEIVED BY THE RESPONDENT THROUGH UNIVERSITY CONCERNING M.D.(HOM.) EXAMINATION DTD. 28/09/2006. Kss ..2/- ...2.... WPC.NO.23802/2007 H EXT.R2(C): COPY OF LETTER DTD. 31/01/2007. EXT.R2(D): COPY OF THE D.O.LETTER DTD. 14/05/2007. EXT.R2(E): COPY OF THE LETTER FROM THE PRINCIPAL DTD. 3/2007. EXT.R2(F): COPY OF LETTER TO THE REGISTRAR DTD. 9/08/2007 OF THE CENTRAL COUNCIL. EXT.R2(G): COPY OF THE LETTER DTD. 1/11/2007. EXT.R2(H): COPY OF THE LETTER DTD. 11/01/2008. EXT.R3(A): COPY OF THE PANEL OF EXAMINERS FORWARDED BY THE UNIVERSITY TO THE C.C.H. /TRUE COPY/ P.A.TO JUDGE Kss S.SIRI JAGAN, J ============== W.P.(C).No. 23802 OF 2007 ==================== Dated this the 2nd day of July, 2008. J U D G M E N T The petitioners are Post Graduate students of M.D(Hom.) in Govt. Homeopathic Medical College, Calicut. Their grievance in this writ petition is that the University is not getting the panel of examiners for conducting their examinations approved by the Central Council of Homeopathy, with whom alone Post Graduate examination can be conducted as per rules. The grievance is that the University is attempting to conduct the examination with unapproved faculty. 2. In view of the circumstances of the case, a series of interim orders have been passed. By order dated 30.5.2008, I had directed the Central Council of Homeopathy to examine whether the list of examiners as per Ext.R3(a) can be approved. 3. Now the learned standing counsel for the Central Council of Homeopathy reports that appropriate examiners have been approved by the council and the University can conduct the Post Graduate examination with those approved examiners. W.P.(C).No. 23802 OF 2007 2 4. The standing counsel for the University requests for a reasonable time to conduct the examination with the examiners so approved. Accordingly, the writ petition is disposed of with a direction to the 3rd respondent to conduct the Post Graduate examination of the petitioners with the examiners approved by the Central Council of Homeopathy, as expeditiously as possible, at any rate within three months from the date of receipt of a copy of this judgment. S.SIRI JAGAN, JUDGE bkn/- W.P.(C).No. 23802 OF 2007 3 S.SIRI JAGAN, J = = = = = = = = = = = = = = = = W.P.(C).No. 23802 OF 2007 = = = = = = = = = = = = = Dated this the 30th day of May, 2008. O R D E R The University has filed a statement along with which they have submitted Ext.R3(a), list of examiners qualified to be appointed as such for conducting M.D. Homeo examinations of the University. In the statement, it is stated that this was forwarded to the University who forward the same to the Central Council. The counsel for the petitioner would submit that it is a false statement that the same was forwarded. I am of opinion that further probe into this controversy would only delay petitioners' cause, in so far as they have to get examinations conducted with qualified examiners as early as possible. Therefore, I direct the counsel for the 2nd respondent to obtain instructions as to whether those persons mentioned in Ext.R3(a) are qualified for being appointed as examiners for conducting M.D. Homeo examinations of the University. This shall be done within a period of two weeks. Post after two weeks. W.P.(C).No. 23802 OF 2007 4 S.SIRI JAGAN, JUDGE bkn/-