Midhilesh vs The Secretary
2023 Latest Caselaw 9620 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
     THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 FRIDAY, THE 8TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945

                  WP(C) NO. 28655 OF 2023

PETITIONER:
          MIDHILESH, AGED 35 YEARS, S/O.VIJAYAKUMAR. K.
          KOZHIPPALLY HOUSE, MANALODY. P.O., NILAMBUR,
          MALAPPURAM DISTRICT., PIN - 676552

          BY ADVS.
          U.K.DEVIDAS
          S.K.SREELAKSHMY

RESPONDENTS:
    1     THE SECRETARY, AYUSH DEPARTMENT, GOVERNMENT
          SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

    2     THE DIRECTOR, DEPARTMENT OF AYURVEDA MEDICAL
          EDUCATION, 'AROGYA BHAVAN', M.G.ROAD,
          THIRUVANANTHAPURAM, PIN - 695001

    3     THE DIRECTOR, INDIAN SYSTEMS OF MEDICINE, 'AROGYA
          BHAVAN', P.B. NO.182, THIRUVANANTHAPURAM, PIN - 695001


          SMT. MARY BEENA JOSEPH, SR. GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.09.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.28655 of 2023

                                       2




                                    JUDGMENT

The petitioner states that he is the President of Unity of Ayurveda

Pharmacists, an organisation of Ayurveda Pharmacists in the State of

Kerala. He has approached this Court seeking the following reliefs:

i) issue a writ of certiorari or any other appropriate writ, order or direction to call for the records leading to Ext.P1 Special Rules and set aside the reservation provided in Rule 3 & 4 to the permanent employees in the department for the promotion to the post of Ayurveda Pharmacist Grade II.

ii) issue a writ of mandamus or any other appropriate writ, order or direction to the respondents to stay the reservation of 24 seats (15%) for the admission to the Ayurveda Pharmacists course as per Ext.P4 prospectus for the permanent employees in the service.

iii) issue a writ of mandamus or any other appropriate writ, order or direction to the respondents to consider and pass appropriate order in Ext.P5 representation after affording an opportunity of hearing within a reasonable time.

iv) issue a writ of mandamus or any other appropriate writ, order or direction to the respondents to give an opportunity of hearing to the petitioner also while consider, the directions in Ext.P3 judgment and hearing.

2. The learned counsel appearing for the petitioner submits that

the petitioner for and on behalf of the members of the association has

submitted a representation to reconsider the reservation of 24 seats out of

157 seats for the permanent employees in the Department. The learned

counsel submits that he would be satisfied if directions are issued to the

1st respondent to consider Ext.P5 representation and take a decision. W.P.(C) No.28655 of 2023

3. Heard the learned Government Pleader who submits that if the

request is for consideration of Ext.P5, she has no serious objection.

4. Having regard to the facts and circumstances and the

submissions made across the Bar, and without expressing any opinion on

the merits of the representation submitted by the petitioner, this writ

petition is disposed of directing the 1st respondent to take up Exhibit-P5

and pass appropriate orders, with notice to the petitioner, expeditiously, at

any rate, within a period of 2 months from the date of receipt of a certified

copy of this judgment.

The petitioner shall produce a copy of the writ petition along with

the judgment before the 1st respondent to ensure compliance.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE IAP W.P.(C) No.28655 of 2023

APPENDIX OF WP(C) 28655/2023

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE NOTIFICATION IN G.O.(P)NO.

575/2008/H & FWD DATED 19.11.2008

Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 06.06.2022 SUBMITTED BY THE UNITY OF AYURVEDA PHARMACIST BEFORE THE CHAIRMAN (HEALTH & FAMILY WELFARE) SUBJECT COMMITTEE

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Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 26.07.2023 IN W.P.(C)NO.13039 OF 2023 BY THIS HON'BLE COURT

Exhibit P4 TRUE COPY OF THE PROSPECTUS OF CERTIFICATE COURSE IN AYURVEDA PHARMACIST ISSUED BY THE SECOND RESPONDENT

Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 07.08.2023 SUBMITTED BY THE PETITIONER AND OTHER OFFICE BEARERS BEFORE THE DIRECTOR, AYURVEDA MEDICAL EDUCATION