Dr. Salini G.K. vs District Medical Officer ...
2021 Latest Caselaw 9271 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   FRIDAY, THE 19TH DAY OF MARCH 2021 / 28TH PHALGUNA, 1942

                   WP(C).No.6633 OF 2021(D)

PETITIONER :-

            DR. SALINI G.K., AGED 37 YEARS
            W/O.SUBHASH M.S, PUTHENPARAMBATH HOUSE,
            KADAMBOOR, KADACHIRA P.O,
            KANNUR DISTRICT - 670 621.

            BY ADVS.
            SRI.K.MOHANAKANNAN
            SMT.A.R.PRAVITHA
            SMT.D.S.THUSHARA
            SRI.H.PRAVEEN (KOTTARAKARA)
            SMT.T.V.NEEMA

RESPONDENTS :-

      1     DISTRICT MEDICAL OFFICER (HOMOEO),
            SECOND FLOOR, F BLOCK, CIVIL STATION,
            KANNUR - 670 002

      2     HOSPITAL SUPERINTENDENT,
            GOVERNMENT DISTRICT HOMOEO HOSPITAL,
            KAKKAD ROAD, KANNUR - 670 002

      3     STATE PROGRAMME MANAGER,
            OFFICE OF THE NATIONAL AYUSH MISSION,
            FIRST FLOOR, DEEPA ARCADE,
            GENERAL HOSPITAL JUNCTION,
            THIRUVANANTHAPURAM - 695 001

      4     SHARATH KUMAR P,
            PAROL HOUSE, ARIYALLUR P.O,
            MALAPPURAM DISTRICT - 676 312

            BY SRI.BIJOY CHANDRAN, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.6633 OF 2021(D)

                                     -: 2 :-


                                  JUDGMENT

Dated this the 19th day of March, 2021

This writ petition is filed seeking the following reliefs :-

"i) To issue a Writ of certiorari or any other appropriate writ order or direction calling for the records leading to Ext.P10 and quash the same.

ii) To issue a Writ of mandamus or any other appropriate writ or order or direction directing the respondents not to renew the contract of the 4th respondent and to appoint the petitioner in the vacancy within a time frame to be fixed by this Hon'ble Court.

iii) To issue a Writ of mandamus or any other appropriate writ or order or direction directing the Respondent to appoint the petitioner in the post notified as per Ext.P9 within a time frame to be fixed by this Hon'ble Court."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. It is submitted by the learned counsel for the petitioner

that the petitioner was an applicant to the post of Homeo Medical

Officer pursuant to Ext.P9 notification. It is contended that without

reference to the notified qualifications, the 4 th respondent was

appointed by the 3rd respondent. It is submitted that the petitioner

has preferred Ext.P12 representation before the 3 rd respondent and

seeks a consideration of the same.

4. The learned Government Pleader would submit that the

representation has to be considered by the Mission Director of the

National Ayush Mission.

WP(C).No.6633 OF 2021(D)

5. The learned counsel for the petitioner submits that since

Ext.P12 representation is already pending before the 3 rd respondent,

it may be forwarded to the appropriate authority in the National

Ayush Mission and an appropriate decision may be taken after

hearing the petitioner as well as respondents 1 and 4.

There will, accordingly, be a direction to the 3 rd respondent

to forward Ext.P12 representation preferred by the petitioner to the

Mission Director of the National Ayush Mission, who shall consider

the same and pass appropriate orders with notice to the petitioner as

well as respondents 1 and 4. Orders shall be passed after hearing the

parties through any appropriate means, including through video

conferencing, within a period of three weeks from the date of receipt

of a copy of this judgment. The petitioner shall produce a copy of the

judgment, a further copy of Ext.P12 and a copy of the writ petition

before the Mission Director, National Ayush Mission for compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/20.3.2021 WP(C).No.6633 OF 2021(D)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE DEGREE CERTIFICATE ISSUED BY MGR MEDICAL UNIVERSITY DATED 20.09.2008.

EXHIBIT P2 TRUE COPY OF THE CERTIFICATE DATED 31.3.2012 ISSUED BY THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, KARNATAKA.

EXHIBIT P3 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 10.08.2018.

EXHIBIT P4 TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY THE HOMEOPATHIC MEDICAL COLLEGE DATED 13.2.2013.

EXHIBIT P5 TRUE COPY OF EXPERIENCE CERTIFICATE OF HOMEOPATHIC MEDICAL COLLEGE, DATED 10.10.2020.

EXHIBIT P6 TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY THE DISTRICT MEDICAL OFFICER HOMEOPATHY, KANNUR DATED 6.6.2019.

EXHIBIT P7 TRUE COPY OF THE EXPERIENCE CERTIFICATE DATED 15.6.2020 GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE, KOZHIKODE.

EXHIBIT P8 TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY THE GOVERNMENT MEDICAL COLLEGE KOZHIKODE DATED 9.2.2021.

EXHIBIT P9 TRUE COPY OF THE NOTIFICATION PUBLISHED IN THE DESHABHIMANI DAILY DATED 6.2.2021.

EXHIBIT P10 TRUE COPY OF THE PROCEEDING NO.A1/1286/2020/DOK DATED 16.2.2021 OF THE 1ST RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE COMMUNICATION NO.A1/325/2021/DOK DATED 27.2.2021 SENT BY THE 1ST RESPONDENT WITH ANNEXURES.

EXHIBIT P12 TRUE COPY OF THE REPRESENTATION DATED 23.2.2021 SUBMITTED BEFORE THE 3RD RESPONDENT BY THE PETITIONER.

EXHIBIT P13 TRUE COPY OF THE REPRESENTATION DATED 24.2.2021 SUBMITTED BEFORE THE 1ST RESPONDENT.

//TRUE COPY//

P.A. TO JUDGE