IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 25370 of 2008(T) -------------------------------------- PETITIONER(S): ---------------------- *1. DR.SHABU KANJIRATHINGAL, MEDICAL OFFICER (AYURVEDA)GOVERNMENT AYURVEDA DISPENSARY, CHANGARAMKULAM, MALAPPURAM. (* DELETED) 2. DR.SUMESH, C.VASUDEVAN, MEDICAL OFFICER (AYURVEDA),GOVERNMENT AYURVEDA DISPENSARY, SEETHATHODE, PATHANAMTHITTA. 3. DR.VINOD.N, MEDICAL OFFICER (AYURVEDA), GOVERNMENT AYURVEDA DISPENSARY, KUDAMURUTTY, PATHANAMTHITTA. *P1 DELETED FROM PARTY ARRAY AS PER ORDER DATED 27/01/2009 IN I.A.986/2009. BY ADV. MR.P.C.SASIDHARAN MR.E.S.ASHRAF MR.G.GIREESH KUMAR MR.ALPHONS D XAVIER RESPONDENT(S): ------------------------- 1. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF INDIAN SYSTEM OF MEDICINE, DIRECTORATE OF INDIAN SYSTEM OF MEDICINE THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. ** ADDL. R4 & R5 IMPLEADED ADDL. R4: DR.T. BEERMASTHAN, S/O.MOHAMMED T., THARAMANNIL HOUSE, EDAVANNA P.O., MALAPPURAM DISTRICT. WP(C).No. 25370 of 2008(T) ADDL. R5: DR.SHAMLA PADIYATH, 'SHABNAM' (PADIYATH), KAVIL WEST, KODUNGALLUR P.O., THRISSUR DISTRICT. ** ADDL. R4 & R5 ARE IMPLEADED AS PER ORDER DATED 22/10/2008 IN I.A.13033/2008. ***ADDL. R6 TO R8 IMPLEADED ADDL. R6: DR.BRIJULA P.N., W/O.AJITH PAL, MADHAVA PHARMACY BUILDINGS, P.T. USHA ROAD, KOZHIKODE-673 032. ADDL. R7: DR.NISHITHA K.S., VILLA 7, GOOD EARTH 'HABITAT', KATITHARA ROAD, MARADU P.O., ERNAKULAM DISTRICT. ADDL. R8: BABITHA P., RARICHAN KANDY HOUSE, BALUSSERRY P.O., KOZHIKODE-673 612. *** ADDL. R6 TO ADDL. R8 IMPLEADED AS PER ORDER DATED 03/11/2008 IN I.A.13531/2008. R2 & R3 BY GOVERNMENT PLEADER MR.P.NANDAKUMAR R1 BY ADV. MR.ALEXANDER THOMAS,SC,KPSC ADDL.R4 TO R8 BY ADV. MR.KALEESWARAM RAJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/04/2009, ALONG WITH WPC NO. 25616 OF 2008 AND WPC NO. 25654 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25370 of 2008(T) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RANK LIST PUBLISHED BY THE K.P.S.C. EXT.P2: COPY OF THE ADVICE MEMO DATED 11/07/2007 ISSUED TO THE 1ST PETITIONER. EXT.P3: COPY OF THE ADVICE MEMO DATED 11/07/2007 ISSUED TO THE 2ND PETITIONER. EXT.P4: COPY OF THE ADVICE MEMO DATED 11/07/2007 ISSUED TO THE 3RD PETITIONER. EXT.P5: COPY OF THE APPOINTMENT ORDER ISSUED TO THE PETITIONERS DATED 26/07/2007. EXT.P6: COPY OF THE SHOW CUSE NOTICE ISSUED TO THE 1ST PETITIONER DATED 12/08/2008. EXT.P7: COPY OF THE SHOW CAUSE NOTICE ISSUED TO THE 2ND PETITIONER DATED 12/08/2008. EXT.P8: COPY OF THE SHOW CAUSE NOTICE ISSUED TO THE 3RD PETITIONER DATED 12/08/2008. EXT.P9: COPY OF THE ORDER NO.D3-18207/07 DATD 16/06/2008. EXT.P10: COPY OF THE NOTICE ISSUED BY THE COMMISSION DATED 01/09/2008. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) Nos. 25370, 25616 & 25654 of 2008 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of April, 2009. JUDGMENT The petitioners are presently working as Medical Officers (Ayurveda) under the Director of Indian Systems of Medicine. The writ petitions are filed aggrieved by the show cause notices seeking to cancel the advice pursuant to the decision of a Division Bench of this court in Writ Appeal No.1697/2007. The judgment rendered by this court in the Writ Appeal has been reversed by the Apex Court as per the judgment in S.L.P. (C) No.2041/2008 and connected cases. 2. In the light of the above, the writ petitioners are entitled to succeed in the writ petitions. The impugned proceedings, Exts.P6 to P8 are accordingly quashed and writ petitions are allowed.. This court by interim order dated 9.12.2008 had directed the second respondent to report to the Public Service Commission 71 vacancies of Medical Officer (Ayurveda) and the Commission was directed to advise candidates included in Ext.P1 rank list for appointment to the category of Medical Officer (Ayurveda). Since the writ petitions are allowed, in the 25370, 25616 & 25654/08 2 light of the judgment of the Apex Court reversing the judgment in W.A.No.1697/2007, the interim orders issued cannot survive and accordingly they are vacated. (T.R. Ramachandran Nair, Judge.) kav/