Kerala High Court
The Institution Of Homeopaths ... vs Union Of India on 11 August, 2021
WP(C) No.16359/2021 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Wednesday, the 11th day of August 2021 / 20th Sravana, 1943
WP(C) NO. 16359 OF 2021(S)
PETITIONER:
THE INSTITUTION OF HOMOEOPATHS KERALA,
REG. NO.264/87, REGISTERED UNDER THE TRAVANCORE
COCHIN LITERARY, SCIENTIFIC AND CHARITABLE
SOCIETIES ACT XII OF 1955. HEAD OFFICE:
IHK BHAVAN, TC.43/1496(4), BALAVAN NAGAR ROAD,
PERUNALLY JN., VALLAKKADAVU P.O., MUTTATHARA,
TVM-695 008, REPRESENTED BY ITS GENERAL SECRETARY
DR.BHABINESH P., 36/767, BHABIN, VENGERI P.O.,
KOZHIKODE-673 010.
RESPONDENTS:
1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF AYUSH, AYUSH
BHAWAN, B-BLOCK, GPO COMPLEX, INA, NEW DELHI-110 023.
2. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
3. SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
4. SECRETARY TO GOVERNMENT, DEPARTMENT OF AYUSH, GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
5. THE DIRECTOR, DIRECTORATE OF HOMOEOPATHY, EAST FORT,
THIRUVANANTHAPURAM-695 023.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the respondents 2 to 5 to provide treatment to the COVID
19 patients through the Homoeo Medical Colleges, Government Homoeo clinics
and hospitals, in the light of Exhibits P2 circular and P5 and P11
guidelines issued by the 1st respondent and Exhibit P8 judgment of the
honourable Supreme Court and Exhibit P9 circular issued by the 4th
respondent, considering the present alarming situation in the State of
Kerala due to Covid-19, pending disposal of this Honourable Court.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.SERGI JOSEPH THOMAS, Advocate for the petitioner, SRI.JAGADEESH
LAKSHMAN, CENTRAL GOVERNMENT COUNSEL for R1 and of SRI.V. MANU, SENIOR
GOVERNMENT PLEADER for R2 to R5, the court passed the following:
P.T.O.
WP(C) No.16359/2021 2/4
EXHIBIT P2: TRUE COPY OF CIRCULAR D.O.NO.16030/18/2019-NAM
DATED 06/03/2020 ISSUED BY GOVERNMENT OF INDIA,
MINISTRY OF AYUSH.
EXHIBIT P5: TRUE COPY OF THE GUIDELINES FOR HOMOEOPATHY
PRACTITIONERS FOR TREATMENT OF COVID-19 PATIENTS
ISSUED BY THE MINISTRY OF AYUSH.
EXHIBIT P8: TRUE COPY OF THE JUDGMENT DATED 15/12/2020 OF THE
HONOURABLE SUPREME COURT IN CIVIL APPEAL NO.4049/2020.
EXHIBIT P9: TRUE COPY OF CIRCULAR NO.B1/150/2020/AYUSH
DATED 24/12/2020 ISSUED BY THE 4TH RESPONDENT.
EXHIBT P11: TRUE COPY OF THE GUIDELINES FOR HOMOEOPATHY
PRACTIONERS FOR TREATMENT OF COVID-19 PATIENTS
ISSUED BY THE MINISTRY OF AYUSH.
EXHIBIT P13: TRUE COPY OF THE REPRESENTATION DATED 21/05/2021
SUBMITTED BY THE PETITIONER BEFORE THE HONOURABLE
CHIEF MINISTER OF KERALA WITH ENGLISH TRANSLATION.
EXHIBIT P14: TRUE COPY OF THE REPRESENTATION DATED 21/05/2021
SUBMITTED BY THE PETITIONER BEFORE THE HONOURABLE
MINISTER FOR HEALTH WITH ENGLISH TRANSLATION.
WP(C) No.16359/2021 3/4
S. MANIKUMAR, C. J. & SHAJI P. CHALY, J.
======================================
W. P. (C) No. 16359 of 2021 (S)
======================================
Dated this the 11th day of August, 2021
ORDER
S. Manikumar, C. J.
Institution of Homoeopaths, Kerala, a registered body, has filed
the instant writ petition for the following reliefs:-
"A) Declare that respondents 2 to 5 are duty bound to
provide treatment to Covid 19 patients through the Homoeo
Medical Colleges, Government Homoeo clinics and hospitals, in
the light of Exts.P2 circular and P5 and P11 guidelines issued by
the 1st respondent and Ext.P8 judgment of the honourable
Supreme Court and Ext.P9 circular issued by the 4th respondent;
B) To issue a writ of mandamus or such other appropriate
writ, order or direction commanding the respondents 2 to 5 to
take immediate steps to provide treatment to the COVID 19
patients through the Homoeo Medical Colleges, Government
Homoeo clinics and hospitals, in the light of Exts.P2 circular and
P5 and P11 guidelines issued by the 1 st respondent and Ext.P8
judgment of the honourable Supreme Court and Ext.P9 circular
issued by the 4th respondent.
C) To issue a writ of mandamus or other appropriate writ,
order or direction commanding the respondents 2 to 5 to take a
decision on Exhibits P13 and P14 representations expeditiously
WP(C) No.16359/2021 4/4
W. P. (C) No. 16359 of 2019
by providing treatment to the COVID 19 patients through the
Homoeo Medical Colleges, Government Homoeo clinics and
hospitals, in the light of Exts.P2 circular and P5 and P11
guidelines issued by the 1st respondent and Ext.P8 judgment of
the honourable Supreme Court and Ext.P9 circular issued by the
4th respondent, considering the present alarming situation in the
State of Kerala."
2. Mr. V. Manu, learned Senior Government Pleader, takes
notice for respondents 2 to 5.
3. Learned Senior Government Pleader is directed to get
instructions on the averments and the reliefs sought for.
On behalf of the learned Assistant Solicitor General, Mr.
Jagadeesh Lakshman, learned Central Government Counsel, takes
notice for the 1st respondent.
Post on 13.08.2021.
Sd/-
S. MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P. CHALY
JUDGE
Eb
11-08-2021 /True Copy/ Assistant Registrar
