IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 WP(C).No. 6097 of 2008(A) ------------------------- PETITIONER: ------------ DR.K.SHOBA, W/O.DEVARAJAN, EDAYILEKADU, VALIYAPARAMBA P.O., KASARAGOD DISTRICT. BY ADV. SRI.O.V.MANIPRASAD RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT 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 SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF INDIA, NIRMAN BHAVAN, NEW DELHI - 110 001. 5. SHYAMALA C.K., W/O.BALAN, NEAR KAILAS THEATRE, KANHANGAD P.O., KASARAGOD DISTRICT. BY ADV. SRI.S.KRISHNAMOORTHY, CGC SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR SRI.M.AJAY,SC,NATIONAL RURAL HEALTH MIS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 6097 of 2008 -------------------------- Dated this the 3rd April, 2008 J U D G M E N T Petitioner is a Homoeo Medical Graduate holding BHMS. The National Rural Health Mission as part of the programme “Arogyakeralam” published Exhibit P3 notification inviting applications for appointment to the post of Homoeo Doctors on a contract basis. Qualifications prescribed in Exhibit P3 is medical graduation. The petitioner was interviewed but was not included in Exhibit P4 select list. She contends that persons who hold only a diploma have found a place in Exhibit P3. This was challenged in the writ petition. A detailed statement has been filed on behalf of 3rd respondent - the State Mission Director, National Rural Health Mission. Paragraphs 4 , 5 and 7 of the said statement reads as follows: “4. On going through the aforesaid letters it is seen that the Central Council of Homoeopathy in its meeting held on 9.3.90 has decided that medical qualification in Homoeopathy (obtained after undergoing a course of study in Homoeopathy of not less than 4 years duration) awarded prior to the enforcement of the Homoeopathy (Diploma Course) Regulations, 1983 and included in the second schedule W.P ( C) No. 6097 of 2008 2 to the Homoeopathy Central Council Act,. 1973 may be treated as equivalent to Degree. The third respondent on consideration of the issue, is of the opinion that equation of Diploma after 4 years of study with degree is only applicable to diploma holders prior to 1983. Further more, in Exhibit P3 and other advertisements it is only Homoeo Medical Graduates who were invited for appointments. Therefore, the 3rd respondent is of opinion that the inclusion of Homoeo Diploma holders in Exhibit P4 selection list is not proper. On a scrutiny of the qualification of each of the 67 persons included in Exhibit P4 list, it was found that 5 of them had only diploma in Homoeopathy, 2 of them had not submitted their certificates so far and one of them had just completed his internship now. As such, these 8 persons have been removed from the selection list and the revised selection list now contains only 59 names. A true copy of the revised list is produced herewith and marked as Annexure-II. A copy of this list has also been published on the official website www.arogyakeralam.gov.in. 5. It is respectfully submitted that the third respondent will cause verification of the testimonials and qualifications submitted by the doctors who have been included in the waiting list and only after verifying whether they are Homoeopathy Graduate (BHMS) will they be selected for the remaining 8 posts that are vacant and remain to be filled up. Even though Exhibit P4 selection list was finalized, no appointments have been made so far, in deference to this writ petition pending before this Hon'ble Court. 7. The grievance highlighted in the writ petition have therefore been considered and addressed adequately by the 3rd respondent. No further intervention of this Honourable Court is called for in this matter in the facts and circumstance of this case. The writ petition may therefore be closed W.P ( C) No. 6097 of 2008 3 permitting the 3rd respondent to proceed to fill up the contractual positions from the fresh select Annexure -II and from eligible BHMS candidates from the rank list, a process that is underway and is yet to be completed.” 2. I am satisfied that complaint raised by the petitioner has been seriously taken note of by the 3rd respondent and ineligible persons have been excluded from the list. 3. Learned counsel for the petitioner submits that statement does not clearly mention the steps taken by the 3rd respondent as regards the waiting list. 4. Sri.O.V.Maniprasad, learned counsel for the petitioner further submits that the total number of 62 vacancies were mentioned in Exhibit P3 and later 5 more were added and the main list contains the names of 67 persons which is now revised to 59 excluding the ineligible persons. Statement is silent, according to him, as to whether a waiting list will be prepared including other eligible candidates. Sri.M.Ajay, learned counsel for the 3rd respondent submits that 3rd respondent will have to take a decision as to whether the remaining number of vacancies are to be filled up from among the candidates who had attended the interview pursuant to Exhibit P3 and if it is do done, other W.P ( C) No. 6097 of 2008 4 eligible persons shall also be included either in the list which is already published or in a separate waiting list. Submission is recorded. No further directions are called for in this writ petition. Accordingly, the writ petition is closed. (V.GIRI, JUDGE) ma W.P ( C) No. 6097 of 2008 5 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007 W.P ( C) No. 6097 of 2008 6 Common issues are raised for consideration in all these writ petitions. Reference is made to the facts in Writ Petition No.4562/2008 for the sake of convenience.