Dr.Vijayan K.Malayil vs Annexure 7(A) True Copy Of The ...
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             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

             THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

                                  &

              THE HONOURABLE MR. JUSTICE GOPINATH P.

    THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942

                        WA.No.1374 OF 2015

 AGAINST THE JUDGMENT IN WPC 21632/2006 DATED 16-12-2014 OF HIGH
                         COURT OF KERALA


APPELLANTS/PETITIONERS 1 AND 3:

      1      DR.VIJAYAN K.MALAYIL,
             PROFESSOR, DR.PADIYAR MEMORIAL HOMOEO COLLEGE,
             CHOTTANIKKARA, ERNAKULAM DISTRICT - 682312.

      2      DR S VIJAYALAKSHMI,
             READER, DEPARTMENT OF PHYSIOLOGY AND BIOCHEMISTRY,
             ATHURASHRAMAM N S S HOMOEOPATHIC MEDICAL COLLEGE,
             KOTTAYAM

             BY ADVS.
             SRI.N.NANDAKUMARA MENON (SR.)
             SRI.P.K.MANOJKUMAR
             SMT.SMITHA S.PILLAI

RESPONDENTS/RESPONDENTS 1 TO 7 & PETITIONERS 2 AND 4 RESPECTIVELY
:

      1      STATE OF KERALA
             REPRESENTED BY THE SECRETARY,
             HEALTH AND FAMILY WELFARE DEPARTMENT,
             THIRUVANANTHAPURAM 695001

      2      SECRETARY
             CENTRAL COUNCIL OF HOMOEOPATHY,
             JAWAHRLAL NEHRU BHARATHIYA CHIKITSA AVUM,
             HOMOEOPATHIC ANUSANDHAN BHAVAN,
             61-65 INSTITUTIONAL AREA, OPP 'D'BLOCK,
             JANAKPURI, NEW DELHI 110058.

      3      THE PRINCIPAL AND CONTROLLING OFFICER
             HOMOEOPATHIC EDUCATION,
             GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE,
             IRAIMUTTOM, THIRUVANANTHAPURAM 695009
 WA.No.1374 OF 2015


                                        2



             4       MAHATMA GANDHI UNIVERSITY
                     REPRESENTED BY ITS REGISTRAR,
                     MAHATMA GANDHI UNIVERSITY,
                     PRIYADARSHINI HILLS, ATHIRAMPUZHA, KOTTAYAM 686562

             5       DR R PRAKASH, S/O.V RAMADASA SHENOY, READER,
                     DR PADIYAR MEMORIAL, HOMOEO COLLEGE, CHOTTANIKKARA,
                     ERNAKULAM DISTRICT 682312, RESIDING AT ADITYA SREE
                     PATTANAKKADU P O, CHERTHALA, ALAPPUZHA 688 531.

             6       SECRETARY, ALL KERALA HOMOEOPATHIC POST GRADUATE
                     TEACHERS ASSOCIATION REG NO 318/10, POURNAMI
                     5/2133, WAYANAD ROAD, KOZHIKODE 673 001.

             7       DR.JAYASREE, PROFESSOR, DEPARTMENT OF PHARMACY,
                     DR. PADIYAR MEMORIAL HOMOEO COLLEGE, CHOTTANIKKARA,
                     ERNAKULAM DISTRICT 682 312.

             8       DR M G RADHESH, PROFESSOR (ANATOMY),
                     DR PADIYAR MEMORIAL HOMOEO COLLEGE,
                     CHOTTANIKKARA,ERNAKULAM DISTRICT 682312

             9       DR K S RAJESWARY
                     PROFESSOR, DEPARTMENT OF SURGERY, ATHURASHRAMAM N S
                     S HOMOEOPATHIC MEDICAL COLLEGE, KOTTAYAM 686001

             10      THE KERALA UNIVERSITY FOR HEALTH SCIENCES,
                     REPRESENTED BY ITS REGISTRAR, TRICHUR- 680 596.

                     ADDITIONAL 10TH RESPONDENT IS IMPLEADED AS PER
                     ORDER DATED 28.10.2020 IN I.A.827/2015 IN WA
                     1374/2015.

             R2 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
             R3 BY ADV. SRI.P.K.RAMKUMAR
             R4 BY ADV. SRI.VARUGHESE M.EASO, SC, M.G.UNIVERSITY
             R4 BY SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY
             R5 BY ADV. SRI.NIDHI BALACHANDRAN
             R6 BY ADV. SRI.K.GOPALAKRISHNA KURUP (SR.)
             R6 BY ADV. SMT.ANUROOPA JAYADEVAN
             R6 BY ADV. SHRI.ASHRUTH NASER
             R7 BY ADV. SRI.D.KISHORE
             R10 BY ADV. SRI.P.SREEKUMAR , STANDING COUNSEL
             (B/O)
             SRI. A.J. VARGHESE-SR. G.P.
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 04.02.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA.No.1374 OF 2015


                                                        3



                                               JUDGMENT

Shaffique, J

This appeal has arisen from a common judgment dated

16.12.2014 in W.P.(C) No.21632/2006 and connected

cases. By the impugned judgment, the learned single

Judge had issued the following direction :

"22.Therefore the first 4 writ petitions are

hereby disposed of by directing the State

Government to re-consider the denial of

revised scale of pay under the AICTE Scheme

to the petitioners, which is informed under

the relevant letters issued. The matter shall

be re-considered by the 1st respondent after

affording opportunity of personal hearing to

the petitioners and also taking note of the

views expressed by the Universities

concerned. A fresh decision in this regard

shall be taken at the earliest possible, at any

rate within a period of 4 months from the

date of receipt of a copy of this judgment.

23.In view of the judgment rendered in the

first 4 writ petitions, the reliefs sought for in

W.P.(C) No.146/2012 need no further WA.No.1374 OF 2015

consideration. Since it is already found that

the differentiation introduced in the

Regulation between regular course and

external course is valid, the grievance

expressed in the said writ petition remains

satisfied. Hence the said writ petition is

disposed of accordingly."

2. The main contention urged by the petitioner is that there

are certain findings in the judgment which runs contrary

to the contentions urged by the petitioner and unless

those findings are set aside, the Government may not

properly consider the relief sought for.

3. In fact, the learned single Judge had decided a batch of

writ petitions wherein identical claims had been made as

well. One writ petition has already been dismissed and

in the impugned judgment, the Government had been

directed to consider it afresh.

4. Having regard to the limited scope of interference,

especially when it concerns fixation of AICTE scale of pay

to certain category of Post Graduates, who had obtained

external PG without attendance, the substantial issues

which had been projected by the petitioner is that the PG WA.No.1374 OF 2015

Degree either regular or external has to be considered in

the same manner especially in the light of the second

schedule attached to the Homoeopathy Central Council

Act, 1973. The petitioner also challenged the Note to the

Regulations prepared by the Academic Council, which is a

reproduction of the 2001 Special Rules framed by the

Government, namely, the Kerala State Homoeopathic

Medical Colleges Service Rule, 2001.

5. We do not think that taking into consideration of the

factual issues involved in the matter, it would be

appropriate for us to take a decision, especially when the

Government is directed to consider the matter afresh. The

writ appeal is therefore dismissed.

Sd/-

A.M.SHAFFIQUE, JUDGE

sd/-

GOPINATH P., JUDGE AMV/06/02/2021 WA.No.1374 OF 2015

APPENDIX

PETITIONER'S/S EXHIBITS:

ANNEXURE A THE PHOTOSTAT COPY OF THE COMMUNICATION NO.14-24/2011-CCH- 31380-31385 DATED 29/02/2012 ISSUED BY THE ASSISTANT SECRETARY (TECH.) CENTRAL COUNCIL OF HOMOEOPATHY, NEW DELHI- 110058.

        ANNEXURE B        THE PHOTOSTAT COPY OF THE ORDER
                          NO.1798/AC                A/ACADEMIC

COUNCIL/KUHS/2013 DATED 27/02/2015 ISSUED BY THE CONTROLLER OF EXAMINATIONS IN CHARGE OF THE REGISTRAR, TO THE MEMBERS OF THE ACADEMIC COUNCIL.

ANNEXURE C THE PHOTOSTAT COPY OF THE LETTER NO.6187/AC.B/KUHS/2012 DATED 11/03/2014 ISSUED BY THE REGISTRAR, KERALA UNIVERSITY OF HEALTH SCIENCES, THRISSUR-680596, TO THE REGISTRAR TRAVANCORE COCHIN MEDICAL COUNCIL, TVM-37.

ANNEXURE D THE PHOTOSTAT COPY OF THE REPLY NO.A3-3038/14/MC DATED 29/03/2014 ISSUED BY THE REGISTRAR, TRAVANCORE COCHIN MEDICAL COUNCIL OF HOMOEOPATHIC MEDICINE, TVM-35 TO THE REGISTRAR, KERALA UNIVERSITY OF HEALTH SCIENCES, THRISSUR-680596.

ANNEXURE E THE PHOTOSTAT COPY OF THE LETTER NO.19-6/2010-CCH/3363 DATED 22/05/2014 ISSUED BY THE REGISTRAR, CENTRAL COUNCIL OF HOMOEOPATHY, JANAKAPURI, NEW DELHI-110058, TO THE REGISTRAR, TRAVANCORE COCHIN MEDICAL COUNCIL OF HOMOEOPATHIC MEDICINE, TVM-35.

ANNEXURE F THE PHOTOSTAT COPY OF THE LETTER NO.6187/AC.B/KUHS/2012 DATED 11/03/2014 ISSUED BY THE REGISTRAR, KERALA UNIVERSITY OF HEALTH SCIENCES, THRISSUR-680596 TO THE WA.No.1374 OF 2015

REGISTRAR, UNIVERSITY OF KERALA, TVM-37.

ANNEXURE G THE PHOTOSTAT COPY OF THE LETTER NO.AC.A IV/1-018649/2014 DATED 21/03/2014 ISSUED BY THE REGISTRAR, UNIVERSITY OF KERALA, TVM-34, TO THE REGISTRAR, KERALA UNIVERSITY OF HEALTH SCIENCES, THRISSUR-680596.

ANNEXURE H THE PHOTOSTAT COPY OF THE LETTER NO.6187/AC.B/KUHS/2012 DATED 11/03/2014 ISSUED BY THE REGISTRAR, KERALA UNIVERSITY OF HEALTH SCIENCES, THRISSUR-680596 TO THE SECRETARY, CENTRAL COUNCIL OF HOMOEOPATHY, JANAKAPURAI, NEW DELHI- 110058.

ANNEXURE I THE PHOTOSTAT COPY OF THE LETTER F.NO.19-2/2010-CCH/35687 DATED 24/03/2014 ISSUED BY THE ASSISTANT SECRETARY (TECH) CENTRAL COUNCIL OF HOMOEOPATHY, NEW DELHI-110058 TO THE REGISTRAR, KERALA UNIVERSITY OF HEALTH SCIENCES, THRISSUR-680596.

ANNEXURE J THE PHOTOSTAT COPY OF THE LETTER NO.A3-3038/14/MC DATED 06/06/2014 ISSUED BY THE REGISTRAR, TRAVANCORE COCHIN MEDICAL COUNCIL OF HOMOEOPATHIC MEDICINE, TVM-35, TO THE REGISTRAR, KERALA UNIVERSITY OF HEALTH SCIENCES, THRISSUR-680596.

ANNEXURE K THE PHOTOSTAT COPY OF THE ORDER G.O(MS) NO.105/95/H&FWD DATED 22.04.1995 ISSUED BY THE GOVERNMENT

RESPONDENT'S/S EXHIBITS:

ANNEXURE 7(A) TRUE COPY OF THE COMMISSION REPORT SUBMITTED BY PROF.S.KEVIN, PRO VICE CHANCELLOR OF KERALA UNIVERSITY.

ANNEXURE 7(B) TRUE COPY OF THE GO(RT) NO.202/2016/AYUSH DATED 19/05/2016 ISSUED BY THE GOVERNMENT OF KERALA.

                                       TRUE COPY    P.A.TO JUDGE