IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 21092 of 2008(J) -------------------------- PETITIONER: ------------ DR.N.K. USHA, AGED 43, W/O. J.MURALIKRISHNA, T.C. NO. 52/241(2), SREE VARADHA, NEMOM.P.O, TRIVANDRUM-695 020. BY ADV. SRI.P.K.GEORGE RESPONDENTS: ------------- 1. THE STATE MISSION DIRECTOR, NATIONAL RURAL HEALTH MISSION, DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT OF KERALA, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR 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. BY GOVERNMENT PLEADER SMT. M.R.SREELATHA ADV. SRI.M.AJAY,SC,NATIONAL RURAL HEALTH MIS FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 21092 of 2008 -------------------------- Dated this the 18th July, 2008 J U D G M E N T Petitioner obtained Diploma in Homoeopathic Medicine and Surgery, as per Exhibit P1, which shows that she had passed the final examination held in 1987. The Central Council of Homoeopathy sent a recommendation to the Union of India to declare that the 4 years course in Homoeopathy leading to the award of a diploma should be treated as equivalent to a degree. After examining such recommendation as well, by Exhibit P5 order the Government declared as follows: “Government have examined the matter in detail and are pleased to accept the recommendation of the Central Council of Homoeopathy in this regard and they order that the medical qualifications in Homoeopathy of having four year's duration (obtained after undergoing a course of study in Homoeopathy of not less than four year's duration) like DMS (West Bengal Council), DHMS, LCEH etc, awarded prior to W.P ( C) No. 21092 of 2008 2 enforcement of Homoeopathy (Diploma course) Regulations,1983 and included in the second schedule to the Homoeopathy Central Council Act 1973 will be treated as equivalent to degree in Homoeopathy in the State” 2. Government of Kerala had taken note of Exhibit P4 communication from the Government of India. According to the petitioner, the declaration granted under Exhibit P5 should ensure to her benefit in circumstances where the Government has directed equivalence between a four year diploma course awarded prior to the enforcement of the Homoeopathy (Diploma Course) Regulations 1983 and a degree course. Petitioner contends that the Homoeopathy (Diploma Course) Regulations, 1983 should be deemed to have been enforced in the State of Kerala only from 1989-1990 in as much as that it is only from 1989-1990 that the Mahatma Gandhi University and the University of Kerala started BHMS Courses. Reference in this regard is made to Exhibits P6 and P7 to contend that the courses offered by the said two universities are included in the second schedule to the Central Act only with effect from 1989- W.P ( C) No. 21092 of 2008 3 1990. It is therefore contended that though the regulations of Homoeopathy (Diploma Course) Regulations 1983 are brought into force in 1983, in so far as the State of Kerala is concerned they must be deemed to have been enforced only with effect from the academic year 1989-90. I am unable to accept this submission. What is ordered in Exhibit P5 is that Medical qualifications in Homoeopathy having a duration of four years like DMS (West Bengal Council), DHMS, LCEH etc awarded prior to enforcement of Homoeopathy (Diploma Course) Regulations 1983 and included in the second schedule to the Homoeopathy Central Council Act will be treated as equivalent to degree in Homoeopathy in the State. Declaration made by the Government in Exhibit P5 does not specifically relate to the course which is offered by the Universities in the State. Essentially Exhibit P5 order is intended to see that the diploma awarded to or obtained by a candidate prior to the enforcement of Statutory Regulations of 1983 should be treated as equivalent to the degree. The fact that four year courses W.P ( C) No. 21092 of 2008 4 were offered by the Universities in Kerala only with effect from the academic year 1989-90 will not defer the enforcement of the Statutory Regulations of 1983. Since what is contemplated by Exhibit P5 as the cut off date is the date on which the Central Regulations are enforced, the fact that courses were offered by the Universities in Kerala only with effect from 1989-90 will not result in the extension of the cut off date, which is mentioned in Exhibit P5. The crucial date is the date of enforcement of Central Regulations, 1983 and this is statutorily regulated by clause 1 and 2 of the Central Council of Homoeopathy Regulations, which states that the Homoeopathy (Diploma Course) Regulations 1983 shall come into force on the date of their publication in the Gazette of India. The Regulations were published in the year 1983. Therefore, they are enforced with effect from the date of their publication in the gazette. In the circumstances, it cannot be said that the Diploma obtained by the petitioner is eligible to be treated as equivalent to a Degree for the purpose of W.P ( C) No. 21092 of 2008 5 recruitment to the National Rural Health Mission. I do not find any merit in this writ petition. Accordingly, the writ petition is dismissed. (V.GIRI, JUDGE) ma W.P ( C) No. 21092 of 2008 6 W.P ( C) No. 21092 of 2008 7