IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 10TH MARCH 2011 / 19TH PHALGUNA 1932 WP(C).No. 25765 of 2008(P) ------------------------------------ PETITIONER: ------------------- NAIR SERVICE SOCIETY, CHANGANACHERRY, REPRESENTED BY ITS GENERAL SECRETARY, P.K.NARAYANA PANICKER, LAKSHMI VILASOM BUNGLOW, VAZHAPPALLY, CHANGANANCHERRY. BY ADVS. SRI.P.G.PARAMESWARA PANICKER (SR) SRI.P.GOPAL SRI.RAJAN NAMBIAR RESPONDENT(S): ------------------------ 1. GOVERNMENT OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CONTROLLING OFFICER AND PRINCIPAL, GOVERNMENT HOMOEO COLLEGE, IRANIMUTTAM, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/03/2011, THE COURT ON 10/03/2011 DELIVERED THE FOLLOWING: SMT S. SIRI JAGAN, J. ------------------------------- W.P.(C).No. 25765/2008 --------------------------------------- Dated this the 10th March, 2011 J U D G M E N T The petitioner is an Educational agency running a Homoeo Medical College by name Athurashramam Homoeo Medical Degree College. They filed this writ petition aggrieved by Exts.P8 and P11 orders, whereby the Government refused to grant their prayer for sanctioning staff pattern for their college in accordance with the Homeopathy Central Council Act and Rules and Regulations thereunder. The petitioner seeks the following reliefs. “i. to issue a writ of certiorari, or any other appropriate writ, or order quashing Exhibit P8 dt: 09.01.2001 and Exhibit P11 order of the Government dated 09.05.2008 rejecting Exhibit P9 letter and statement submitted by the petitioner before the Government; ii. to issue a writ of mandamus or any other writ, direction or order, directing the Government to create necessary teaching posts in various Department in the college in conformity with CCH Regulations namely, Exhibit P1 and to sanction a full time post of Librarian in the College; iii. to grant such other writ, or direction, or order which this Hon'ble Court may deems fir to issue.” The petitioner has along with IA No. 3941/2011 produced Ext.P15 order of the Government which reads as follows: “As per the G.O read as 1st paper, Government have decided to introduce Direct Payment System in the 3 Private Homoeopathic Medical Colleges and one of the college is Authurasramam NSS Homeo Medical College. Subsequently as per the G.O read as 2nd paper the staff strength of the Authurasramam NSS Homeo Medical College has been fixed. 2. Government have reviewed the staff strength in the the Authurasramam NSS Homeopathic Medical College and have decided to sanction posts in the college in conformity to the Central Council of Homeopathy Regulations and to approve promotions in accordance with it. 3. The management will submit proposals through the Principal & Controlling Officer, Government Homeopathic Medical College, Thiruvananthapuram for creation of posts and promotions in the college accordingly.” As such, the main grievance of the petitioner stands redressed. But the learned counsel for the petitioner submits that still the petitioner has got a further claim for sanctioning of the new staff pattern in accordance with the Central Council of Homeopathy Regulations with effect from the date when the amended regulations came into force. I am of opinion that, that question should also gain the attention to the Governor first. Accordingly, this writ petition is disposed of with the following directions: The petitioner may file a suitable representation before the 1st respondent seeking retrospective operation of Ext.P15 within a period of two weeks from today. The first respondent shall consider and pass orders on that representation in accordance with law applicable, after affording an opportunity of being heard to the petitioner, as expeditiously as possible, at any rate within a period of three months from the date of receipt of a copy of the said representation. S. SIRI JAGAN JUDGE smt