IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 WP(C).No. 31315 of 2007(C) -------------------------- PETITIONER: ------------ 1. DR.FRANCO JOSEPH, II MD(HOM) PRACTICE OF MEDICINE, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, KOZHIKODE. RESIDING AT KIDENGAN HOUSE, ST.MARY'S STREET, KURIACHIRA, THRISSUR. 2. DR.ANZAL ASHARAF P.M., I MD(HOM) HOMOEOPATHIC PHARMACY, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, KOZHIKODE. RESIDING AT VALYAVEETTIL HOUSE, CHANDRAKKADAVU ROAD, P.O.VALAPPAD, THRISSUR. 3. DR.HYDERALI P., I MD(HOM) PRACTICE OF MEDICINE, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, KOZHIKODE. RESIDING AT ARIFA MANZIL, PARAMMEL, NATTUKAL PO. MANNARKKAD, PALAKKAD. 4. DR.PRAVEEN B.VISWAN, II MD(HOM) PRACTICE OF MEDICINE, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, KOZHIKODE. RESIDING AT KOKILA, THRIVENI GARDENS, CALVORY ROAD, WEST FORT, THRISSUR. 5. DR.SARAH NANDANA MATHEW, II MD(HOM) PRACTICE OF MEDICINE, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, KOZHIKODE. RESIDING AT OLICKAL HOUSE, EAST VAZHAPPILLY P.O MUVATTUPUZHA. 6. DR.PARVATHY.C.S. I MD(HOM) PRACTICE OF MEDICINE, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, KOZHIKODE. RESIDING AT TC 19/1992(5) MAMPAZHATHOTTAM, POOJAPPURA P.O., THIRUVANANTHAPURAM. 7. DR.SHABINA BALAKRISHNAN, I MD(HOM) PRACTICE OF MEDICINE, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, KOZHIKODE. RESIDING AT 'SHABNAM', 4TH MILE, PULLYODE ROAD, PONIYAM WEST, THALASSERY. 8. DR.KANCHAN KUMAR, I MD(HOM) HOMOEOPATHIC PHARMACY, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, KOZHIKODE. RESIDING AT VILL-PHARISH(SMALL) P.O.NAGWAN (PATHRA), DISTRICT GAYA, BIHAR. 9. DR.LIJINA K.K., II MD(HOM) PRACTICE OF MEDICINE, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, KOZHIKODE. RESIDING AT KARIMPALANKANDY, KALPATHUR P.O. MEPPAYUR, KOZHIKODE. 10. DR.ANJANA.S.PILLAI I MD(HOM) HOMOEOPATHIC PHARMACY, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, KOZHIKODE. RESIDING AT TC 20/241, PALAMUTTATHU, MELARANNOOR, KARAMANA P.O., THIRUVANANTHAPURAM. 11. DR.BINDU S. I MD(HOM) HOMOEOPATHIC PHARMACY, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, KOZHIKODE. RESIDING AT SYAMALA BHAVAN, PAZHAYA ROAD, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. 12. DR.MATHEW ANDREWS.O. I MD(HOM) PRACTICE OF MEDICINE, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, KOZHIKODE. RESIDING AT OLAKKENGIL HOUSE, 'GREEN FIELDS' HOPE LODGE, PAVARATTY PO., THRISSUR. 13. DR.SINDUMOL.K.S, II MD(HOM) HOMOEOPATHIC PHARMACY, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, KOZHIKODE. RESIDING AT PUTHOORATH EAST HOUSE, KANNAMANGALAM (N), CHETTIKULANGARA P.O., MAVELIKKARA, ALAPPUZHA DISTRICT. 14. DR.T.S.SIJI, II MD(HOM) HOMOEOPATHIC PHARMACY, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, KOZHIKODE. RESIDING AT VADAKKEPUTHENPURAYIL, KARUMADY P.O. AMBALAPPUZHA, ALAPPUZHA. 15. DR.JAYASREE .D, II MD (HOM) HOMOEOPATHIC PHARMACY, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, KOZHIKODE. RESIDING AT AMBADI, THIRUVANKULAM PO., ERNAKULAM. 16. DR.T.K.SAJEEV, I MD (HOM) PRACTICE OF MEDICINE, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, KOZHIKODE. RESIDING AT K.P.X/178, VARADA, PALAMVILA LANE, N.C.C.ROAD, PERURKADA PO, THIRUVANANTHAPURAM. 17. DR.CEEBA MARY FERNANDEZ, II MD(HOM) HOMOEOPATHIC PHARMACY, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, KOZHIKODE. RESIDING AT "SIBI DALE", HOUSE NO.19, THANKASSERRY, KOLLAM. BY ADV. SRI.SATHISH NINAN SRI.SANTHOSH MATHEW RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL AND CONTROLLING OFFICER, GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE, THIRUVANANTHAPURAM. 3. THE PRINCIPAL, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, KOZHIKODE. 4. SRI.T.ABDU RAHIMAN, PRINCIPAL, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, KOZHIKODE. 5. THE SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HEALTH AND FAMILY WELFARE, DEPARTMENT OF AYUVEDA, YOGA & NATUROPATHY, UNANI, SIDDHA AND HOMOEOPATHY (AYUSH), INDIAN RED CROSS SOCIETY ANNEXE BUILDING, I-RED CROSS ROAD, NEW DELHI - 110 001. 6. THE CENTRAL COUNCIL OF HOMOEOPATHY, NEW DELHI REPRESENTED BY ITS SECRETARY, JAWAHARLAL NEHRU BHARTIYA CHIKITSA AVUM HOMOEOPATHY ANUSANDHAN BHAVAN, NO.61-65, INSTITUTIONAL AREA, OPPT.'D' BLOCK, JANAKPURI, NEW DELHI - 110 058 REP. BY ITS SECRETARY. 7. THE UNIVERSITY OF CALICUT, KOZHIKODE REPRESENTED BY ITS REGISTRAR. R5&6 BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR R7 BY ADV. SRI.P.C.SASIDHARAN, SC, CALICUT UTY. R1 TO 3 BY G.P. SRI.M.R.SABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: PHOTOCOPY OF G.O. DT.14.2.2005. P2: PHOTOCOPY OF NOTICE DT.12.4.2005. P3: PHOTOCOPY OF LETTER DT.8.5.2006. P4: PHOTOCOPY OF JUDGMENT DT.6.12.2006 IN W.P.(C) NO.30169/06 OF THIS HON'BLE COURT. P5: PHOTOCOPY OF JUDGMENT IN W.A. NO.509/2007 DT.15.3.2007 OF THIS HON'BLE COURT. P6: PHOTOCOPY OF REPORT OF THE CENTRAL COUNCIL OF HOMEOPATHY. P7: .DO. .DO. P8: PHOTOCOPY OF G.O. DT.29.6.2007. P9: PHOTOCOPY OF ORDER DT.5.6.2007. P10: PHOTOCOPY OF ORDER DT.9.10.2007. P11: PHOTOCOPY OF LETTER DT.17.10.2007. P12: PHOTOCOPY OF LETTER DT.13.9.2007. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.31315 of 2007 .................................................................... Dated this the 18th day of February, 2008. JUDGMENT The petitioners are students undergoing Postgraduate Degree course in two subjects in Homeopathy at Government Homeopathic Medical College, Kozhikode. Though the petitioners joined three year Postgraduate course in May 2005, the courses were not recognised nor the University allowed affiliation of the College for the course. When the petitioners approached this court, this court vide Ext.P4 judgment directed the Central Council of Homeopathy to make enquiry and conduct inspection and advise on recognition. However, the Council vide Ext.P6 report noticed that the College did not have the qualified teaching staff to conduct various course including the Postgraduate course. Therefore, they prescribed norms stating the number of teaching staff and their qualification to entitle the college for recognition. Even though Government has issued Ext.P8 upgrading some posts, the petitioners' case is that posts are not filled up with the result the College still does not have the entitlement for recognition in terms of the guidelines issued by the Central Council of Homeopathy. If the college does not have the facilities particularly, 2 teaching staff in terms of the norms prescribed by the Homeopathy Council, then the courses are not entitled to recognition and consequently the University is right in declining affiliation. However, since petitioners have undergone three years' course stated to be with qualified guest lecturers as per the norms, I feel petitioners should not be made to suffer merely because regular appointments in accordance with the norms of the Homeopathic Council are not made. In the circumstances, W.P. is disposed of directing the Central Council of Homeopathy-6th respondent to conduct enquiry and find out whether a proper course study is conducted for the Postgraduate course in the two subjects with qualified teachers and if students have undergone such a course study, to recognise the particular course only for this batch of the students and thereafter to withhold recognition of further course until regular appointments are made. The Central Council of Homeopathy is directed to take a decision within six weeks from date of production of copy of this judgment by the petitioners. There will be consequential direction to the University to grant affiliation to the course only for this batch of students if the Central Council grants recognition to the course undergone by them. However, there will be an order of prohibition against the college from starting any Postgraduate course from next academic year onwards without prior recognition obtained from the 3 Central Council of Homeopathy. If the Central Council does not grant approval to the course, it will be open to each of the petitioners to file suit for damages for loss suffered by them. C.N.RAMACHANDRAN NAIR Judge pms