IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 15TH JULY 2009 / 24TH ASHADHA 1931 WP(C).No. 17552 of 2009(L) -------------------------- PETITIONERS: --------------------- 1. DR.RAMASWAMY P.S., S/O.PROF.(LATE)SUNDARAM, 1/401, "AGASTHIA" KARAKUKLAM, THIRUVANANTHAPURAM. 2. DR.R.BINDU, W/O.DR.RAMASWAMY, LAKSHMI NIVAS, MUDAVOORPARA, BALARAMAPURAM-THIRUVANANTHAPURAM. 3. DR. PRASANNAKUMARI, 'AMBIKA MANDIRAM' ELMAD P.O., AYOOR VIA., KOLLAM DISTRICT. BY ADV. SRI.S.S.RAJESH RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE STATE MISSION DIRECTOR, NATIONAL RURAL HEALTH MISSION, DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM. 4. THE CENTRAL COUNCIL OF HOMOEOPATHY, REP. BY ITS SECRETARY, 10-COMMUNITY CENTRE, BASANT LOK, VASANTH VIHAR, NEW DELHI-110 057. 5. THE SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF INDIA, NIRMAN BHAVAN, NEW DELHI-110 001. 6. DIRECTOR OF HOMOEOPATHY, DIRECTORATE OF HOMOEOPATHY, EAST FORT, THIRUVANANTHAPURAM. ADV. SRI.M.AJAY,SC,NATIONAL RURAL HEALTH MIS FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J ............................................... W.P(C) No. 17552 of 2009 ................................................. Dated this the 15th day of July, 2009 J U D G M E N T Petitioners hold a Diploma in Homoeopathy. They applied for appointment to the post of Medical Officers in the National Rural Health Mission (N.R.H.M.). The qualification prescribed was degree in Homoeopathy. Petitioners contend that going by the clarification issued by the Central Homoeo council, the diploma is equivalent to degree for the purpose of appointment as Medical Officers. Petitioners therefore seek the following reliefs: “i) To declare that the DHMS four year course petitioners attended is equivalent to the Degree course and thereby petitioners are eligible to be appointed as Medical Officers in the 3rd respondent Organisation. “ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 4th respondent to issue clarification to Exhibit P10, to the effect that the course completed by petitioners and similarly placed persons prior to 1983 but obtained the degree after 1983 is also to be treated as equivalent to degree. iii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 3rd respondent to include the petitioners also in the selection list for the Medical Officers as per their notification.” W.P(C) No. 17552 of 2009 -2- 2. The learned counsel for the 3rd respondent points out that since exactly identical question in respect of the same selection was considered by a learned Judge of this court in W.P (C) No. 21092 of 2008 and was decided against a similarly placed petitioner, this original petition is liable to be dismissed. 3. I have perused that judgment. In that judgment a learned judge has directed that it cannot be said that the diploma obtained by the petitioner in that writ petition is eligible to be treated as equivalent to a degree for the purpose of recruitment to the National Rural Health Mission. I am in respectful agreement with that decision. The diplomas of the petitioners in this writ petition are also identical. That being so, the petitioners cannot succeeded in this writ petition. Accordingly, this writ petition is dismissed. S. SIRI JAGAN, JUDGE rhs