Kerala High Court
Dr.Santhini.R vs The State Of Kerala on 4 April, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:29561
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947
WP(C) NO. 27471 OF 2023
PETITIONERS:
1 DR.SANTHINI.R, AGED 55 YEARS
W/O DR. RAMARAJAN, SREE RAGAM,
CHOTTANIKKARA. P.O., PROFESSOR,
DEPT.OF CASE TAKING AND REPERTORISTION,
DR.PADIAR MEMORIAL HOMOEOPATHIC MEDICAL
COLLEGE, CHOTTANIKKARA, ERNAKULAM.,
PIN - 682306
2 DR.SREELAL.C, AGED 57 YEARS
S/O K.CHITHRAN, ANNAPOORNA,
KANNANKULANGARA, TRIPPUNITHURA.P.O.,
READER, DEPT.OF CASE TAKING AND REPERTORISTION,
DR.PADIAR MEMORIAL HOMOEOPATHIC MEDICAL
COLLEGE, CHOTTANIKKARA P.O., PIN - 682301
BY ADV SAJEEV KUMAR K.GOPAL
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE
GOVERNMENT, AYUSH (B) DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
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WP(C) No.27471 of 2023
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2 THE PRINCIPAL AND CONTROLLING OFFICER
GOVERNMENT HOMEOPATHIC MEDICAL
COLLEGE,THIRUVANANTHAPURAM, PIN - 695001
3 THE KERALA UNIVERSITY OF HEALTH SCIENCES
MEDICAL COLLEGE.P.O. THRISSUR, KERALA,
REPRESENTED BY ITS REGISTRAR., PIN - 680596
4 DR. PADIYAR MEMORIAL HOMOEOPATHIC MEDICAL
COLLEGE, CHOTTANIKKARA.P.O. ERNAKULAM,
REPRESENTED BY THE PRINCIPAL.,
PIN - 682306
BY ADVS.
SRI. P.SREEKUMAR
SMT. R.RANJANIE
SRI. TONY AUGUSTINE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) No.27471 of 2023
3
JUDGMENT
Dated this the 4th day of April, 2025
The petitioners 1 and 2, who are working as Reader
and Lecturer respectively in the Department of Case Taking
and Repertorisation of the 4th respondent-College, have filed
this writ petition seeking the following reliefs:
(i) Issue a writ of certiorari or other appropriate
Writ, direction or Orders, calling for the records leading
to Ext.P5 and quash the same
(ii) issue a writ of mandamus or other appropriate
Writ, direction or Orders, directing the 3rd respondent to
grant approval for the promotion of the petitioners
effected by the management in accordance with
Exts.P3 & P4 without taking into account of Ext.P6
order issued by the Govt. insisting Academic
Performance Index.
(iii) Declare that Ext.P6 is not applicable to the
promotion of the petitioners and their promotions are
governed by the provisions of the Central Council for
Homeopathy (Minimum Standard of Education)
Regulation 1983 and that of the provisions of Kerala
University of Health Sciences Act, 2010.
2. Standing Counsel for the University would
submit that as per Ext.P7 order dated 20.04.2024, their
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appointment as Reader and Lecturer respectively has already
been approved and now it is for the Government to pass
consequential orders.
3. I have heard the learned counsel for the
petitioners, the learned Government Pleader representing
respondents 1 and 2 and the respective learned Standing
Counsel appearing for respondents 3 and 4.
4. Taking into consideration Ext.P7 order dated
20.04.2024 passed by the Kerala University of Health
Sciences, I am of the view that the 2 nd respondent has to pass
a consequential order now on grant of approval to the
appointment of the petitioners.
The writ petition is therefore disposed of directing the
2nd respondent to consider approval of the appointment
granted to petitioners 1 and 2 as Reader and Lecturer
respectively in the light of Ext.P7 order passed by the Kerala
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University of Health Sciences. Orders in this regard shall be
passed within a period of two months.
Sd/-
N.NAGARESH
JUDGE
spk
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APPENDIX OF WP(C) 27471/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RELEVANT PORTION OF
1983 REGULATION DEALING WITH THE
QUALIFICATION FOR TEACHING STAFF OF
HOMOEOPATHIC MEDICAL COLLEGE
Exhibit P2 TRUE COPY OF THE ORDER DATED 11-02-
2016 VIDE NO.1179/ACH/KUHS/2015
Exhibit P3 TRUE COPY OF THE ORDER ISSUED BY THE
SECRETARY OF THE 4TH RESPONDENT
COLLEGE VIDE ORDER NO.
DPMHMC/58/AO/2020-21 DATED 24-11-2020
THEREBY THE 1ST PETITIONER WAS
PROMOTED AS PROFESSOR
Exhibit P4 TRUE COPY OF THE ORDER ISSUED BY THE
SECRETARY OF THE 4TH RESPONDENT
COLLEGE VIDE ORDER NO.
DPMHMC/59/AO/2020-21 DATED 24-11-2020
THEREBY THE 1ST PETITIONER WAS
PROMOTED AS READER
Exhibit P5 TRUE COPY OF THE ORDER
NO.13858/2019/AC1/AYUSH/A3/KUHS DATED
08-04-2023 ISSUED BY THE REGISTRAR OF
THE 3RD RESPONDENT TO THE PRINCIPAL OF
THE COLLEGE
Exhibit P6 TRUE COPY OF THE G.O.(MS) NO.
37/2018/AYUSH DATED 21-12-2018 ISSUED
BY THE PRINCIPAL SECRETARY TO GOVT.
AYUSH DEPARTMENT APPROVING THE
GUIDELINES FOR PERFORMANCE BASED
APPRAISED SYSTEM FOR CAREER ADVANCING
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SCHEME FOR PROMOTION UNDER GOVT./AIDED
HOMOEOPATHIC MEDICAL COLLEGE
Exhibit P7 TRUE COPY OF THE ORDER VIDE UO
NO.438/2024/ACADEMIC/KUHS DATED 20-04-
2024 PASSED BY THE UNIVERSITY
