IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR. J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 WA.No. 2349 of 2008(E) --------------------------------- (AGAINST JUDGMENT IN W.P.(C).NO.1832/2008 DTD. 15/09/2008) ............ APPELLANT/ PETITIONER: -------------------------------------- K. VENUGOPAL, SENIOR SUPERINTENDENT, DR. PADIAR MEMORIAL HOMOEOPATHIC MEDICAL COLLEGE, CHOTTANIKKARA, ERNAKULAM DISTRICT. BY ADV. SRI.SAJEEV KUMAR K.GOPAL. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL AND CONTROLLING OFFICER, GOVERNENT HOMOEOPATHIC MEDICAL COLLEGE, THIRUVANANTHAPURAM. 3. THE DIRECTOR, DEPARTMENT OF HOMOEOPATHY, EAST FORT, THIRUVANANANTHAPURAM. R1 TO R3 BY SR. GOVT. PLEADER SRI. BENNY GERVACIS. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY,Ag.C.J & THOMAS P. JOSEPH, J. -------------------------------------- W.A.No.2349 of 2008 ------------------------------------- Dated 18th December, 2008 JUDGMENT Koshy,Ag.C.J . Contention of the appellant/petitioner is that his case ought to have been considered similarly with that of employees of Sree Vidyadiraja Homoeopathic Medical College and he is also entitled to exemption as given in Ext.P25. According to the petitioner, if exemption is granted, he has to acquire qualification within the time prescribed. After considering Ext.P36, Government Order, learned single Judge came to the conclusion that whether the petitioner is entitled for parity with the employees of Sree Vidyadiraja Homoeopathic Medical College was not considered by the Government. Petitioner has also produced various documents obtained by him. Ext.P36 has to be considered by the Government afresh as all contentions raised by the petitioner were not considered. In the above circumstances, we agree with the learned Judge in directing the petitioner to move the Government with appropriate representation and we confirm the directions in paragraph eight of the impugned judgment. The petitioner can file representation within four weeks from today. We also make it clear that the petitioner should be given personal hearing before disposing the representation W.A.2349/2008 2 and apart from Ext.P25 all documents produced by the petitioner should be considered. The appeal is disposed of accordingly. J.B.KOSHY ACTING CHIEF JUSTICE THOMAS P. JOSEPH JUDGE tks