Harikrishnan.T vs State Of Kerala
2023 Latest Caselaw 7851 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
                      WP(C) NO. 13039 OF 2023
PETITIONER:

      1      HARIKRISHNAN.T
             AGED 27 YEARS
             THELATH HOUSE KURUMBATHUR.P.O MALAPPURAM, PIN -
             676301
      2      MIDHULA
             AGED 32 YEARS
             D/O K.T.MOHANAN ACHUTH NIVAS KUZHIMANNA.P.O
             KIZHISSERI, MALAPPURAM, PIN - 673641
             BY ADVS.
             T.T.MUHAMOOD
             V.E.ABDUL GAFOOR
             NAZEER HUZAIN.H
             LAKSHMI PRIYA C.B.
             FEENA MELEETA ARUJA


RESPONDENTS:

      1      STATE OF KERALA
             REP.BY THE PRINCIPAL SECRETARY TO GOVERNMENT, AYUSH
             DEPARTMENT, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM, PIN - 695004
      2      DIRECTOR
             OFFICE OF THE DIRECTOR, INDIAN SYSTEMS OF MEDICINE
             AROGYA SYSTEMS OF MEDICINE AROGYA BHAVAN.P.B.NO.182
             THIRUVANATHAPURAM, PIN - 695001
       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   26.07.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 13039 OF 2023
                              2

                         JUDGMENT

The petitioners impugn Ext.P3 Special Rules to the extent

to which it provides for filling up of 50% of the post of

'Pharmacist - Grade II' by promotion from the category of

Attenders/Nursing Assistant, as being illegal and unlawful.

2. Obviously, this is not an issue that this Court can

consider at the first instance because, I cannot direct the

Government to amend the Special Rules, it being a legislative

exercise.

3. That said, I notice that petitioners have preferred

Exts.P4 and P5 representations before the Government seeking

the afore reliefs; and am of the view that, at this time, it will

be most apposite that it be directed to be considered by its

competent Authority. In fact, the plea made by the petitioner,

through his learned counsel Sri.Muhamood, is also to such

effect, but praying that liberty be reserved to him to approach

this Court again, if it becomes so necessary in future.

3. Smt.Mable C. Kurian - learned Senior Government

Pleader, submitted that since Ext.P3 is a Special Rules, it may

not be possible for the Government to modify the same based

on Exts.P4 or P5 representations. She, however, submitted that WP(C) NO. 13039 OF 2023

if this Court is only inclined to direct the said representation to

be decided by the Government in terms of law, she will not

stand in the way of such order being issued.

In the afore circumstances, I order this Writ Petition and

direct the Competent Authority of the Government to take up

Exts. P4 and P5 representations of the petitioner and take a

decision thereon, after hearing the petitioners; thus culminating

in an appropriate order and necessary action thereon, as

expeditiously as is possible, but not later than two months from

the date of receipt of a copy of this judgment.

I make it clear that I have not considered the merits of

the challenge of the petitioners to Ext.P3 Special Rules, and that

all such are left open to be decided by the Government

appositely.

To obtain an expeditious compliance of the afore

directions, I direct the petitioners to furnish a copy of this

judgment, along with copy of this Writ Petition, before the

Government; and the time frame fixed above will commence

from the date on which it is done.

Sd/-DEVAN RAMACHANDRAN JUDGE lsn WP(C) NO. 13039 OF 2023

APPENDIX OF WP(C) 13039/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CERTIFICATE DATED 17.09.2014 ISSUED BY THE DIRECTOR OF AYURVEDA MEDICAL EDUCATION Exhibit P2 TRUE COPY OF GO (MS) NO. 190/76/HD DATED 10.05.1976 Exhibit P3 TRUE COPY OF GO(P) NO. 575/2008/H&FWD DATED 19.11.2008 Exhibit P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT ON 01.02.2021 Exhibit P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT ON 16.07.2021

RESPONDENTS EXHIBITS: NIL

TRUE COPY

P.A TO JUDGE

LSN