Kerala High Court
Dr.Sareesh S vs State Of Kerala on 14 March, 2025
2025:KER:21911
1
WP(C) Nos.11018 of 2019 & Connected cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946
WP(C) NO. 35237 OF 2009
PETITIONER:
DR.RAZANATHU F., SREE VIDHYADHIRAJA
HOMEOPATHIC,MEDICAL COLLEGE,,
NEMAM.P.O,THIRUVANANTHAPURAM.
BY ADV SRI.KALEESWARAM RAJ
RESPONDENT:
1 STATE OF KERALA REPRESENTED BY SECRETARY TO
GOVERNMENT, DEPARTMENT OF HEALTH & FAMILY,
WELFARE,SECRETARIAT,THIRUVANANTHAPURAM.
2 THE SECRETARY TO GOVERNMENT,
FINANCE DEPARTMENT, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM-695001.
3 DR.LAKSHMI, TUTOR,
GOVERNMENT HOMOEPATHIC MEDICAL COLLEGE,
AYRANIMUTTAM, THIRUVANANTHAPURAM, PIN-695009.
BY ADVS.
SRI.M.AJAY IRUMPANAM
SRI.HARISH GOPINATH
SRI.R.S.KALKURA
SRI.M.S.KALESH
SRI.V.VINAY MENON
2025:KER:21911
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WP(C) Nos.11018 of 2019 & Connected cases
OTHER PRESENT:
SRI.P.K.BABU, SPECIAL GOVERNMENT PLEADER
(FINANCE)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.01.2025, ALONG WITH WP(C).11018/2019,
25113/2019 AND CONNECTED CASES, THE COURT ON 14.03.2025
DELIVERED THE FOLLOWING:
2025:KER:21911
3
WP(C) Nos.11018 of 2019 & Connected cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946
WP(C) NO. 11018 OF 2019
PETITIONER:
DR.G.MADHU, AGED 48 YEARS
LECTURER, SREEVIDYADHIRAJA HOMOEOPATHIC MEDICAL
COLLEGE AND HOSPITAL, NEMOM, THIRUVANANTHAPURAM-
695020.
BY ADVS.
K.S.PRENJITH KUMAR
ABI BENNY AREECKAL(K/001482/2019)
BEA MARY BENNY(K/000129/2021)
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PRINCIPAL SECRETARY TO
GOVERNMENT, DEPARTMENT OF AYUSH,
THIRUVANANTHAPURAM-1.
2 THE PRINCIPAL SECRETARY,
DEPARTMENT OF AYUSH, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURM-1.
3 THE ADDITIONAL CHIEF SECRETARY,
DEPT. OF FINANCE GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-1.
4 KERALA UNIVERSITY OF HEALTH SCIENCES,
REPRESENTED BY ITS REGISTRAR, MULAMKUNNATHUKAVU,
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WP(C) Nos.11018 of 2019 & Connected cases
THRISSUR- 680596.
5 SHREE VIDYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE
AND HOSPITAL, NEMOM, THIRUVANANTHAPURAM, REP. BY
ITS MANAGER, MR.AJAYAKUMAR, SHREE VIDYADHIRAJA
VIDYA SAMAJAM, ASWATHY, HINDU MISSION ROAD,
THIRUVANANTHAPURAM-1.
6 ADDL R6, DR. SMITHA.M
W/O.KOMAKLA KUMARAN M, T.C.16/4306/2,
DANETHUVILAYIL, KALATHIL LANE, IMPLEADED AS PER
ORDER DATED 14-06-2019 IN IA 1/2019.
BY ADVS.
SRI.N.MANOJ KUMAR,SPL.GP FOR FINANCE
GOVERNMENT PLEADER
SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED
SCIENCE
SRI.P.RAMAKRISHNAN
PIRAPPANCODE V.S.SUDHIR
SMT.PREETHI RAMAKRISHNAN (P-212)
SRI.T.C.KRISHNA
SRI.C.ANIL KUMAR
SMT.ASHA K.SHENOY
SRI.PRATAP ABRAHAM VARGHESE
OTHER PRESENT:
SRI.P.K.BABU, SPECIAL GOVERNMENT PLEADER
(FINANCE)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 07.01.2025, ALONG WITH WP(C).35237/2009 AND CONNECTED
CASES, THE COURT ON 14.03.2025 DELIVERED THE FOLLOWING:
2025:KER:21911
5
WP(C) Nos.11018 of 2019 & Connected cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946
WP(C) NO. 25113 OF 2019
PETITIONER:
DR.THARA.L, AGED 58 YEARS
W/O. K. G. SREEKUMAR, THUNDATHIL, PRRA 61,
T.C.37/1639, KOTHALAM ROAD, FORT P.O.,
THIRUVANANTHAPURAM 23, PRINCIPAL, SREE
VIDHYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE,
NENM0M, THIRUVANANTHAPURAM.
BY ADVS.
SAJEEV KUMAR K.GOPAL
SRI.ELVIN PETER P.J.
SRI.K.R.GANESH
SMT.T.S.LIKHITHA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, AYUSH DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695
001.
2 THE SECRETARY TO GOVERNMENT
FINANCE DEPARTMENT, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM - 695 001.
3 THE PRINCIPAL AND CONTROLLING OFFICER
GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE,
AYRANIMUTTAM, THIRUVANANTHAPURAM - 695 009.
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WP(C) Nos.11018 of 2019 & Connected cases
4 THE ADMINISTRATIVE OFFICER
GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE,
AYRANIMUTTAM, THIRUVANANTHAPURAM - 695 009.,
DRAWING AND DISBURSING OFFICER, SREE
VIDHYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE,
NEMOM, THIRUVANANTHAPURAM.
5 THE KERALA UNIVERSITY OF HEALTH SCIENCES
MEDICAL COLLEGE P.O., THRISSUR - 680 596,
REPRESENTED BY ITS REGISTRAR.
BY ADV SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND
ALLIED SCIENCE
OTHER PRESENT:
SRI.P.K.BABU, SPECIAL GOVERNMENT PLEADER
(FINANCE)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.01.2025, ALONG WITH WP(C).35237/2009 AND
CONNECTED CASES, THE COURT ON 14.03.2025 DELIVERED THE
FOLLOWING:
2025:KER:21911
7
WP(C) Nos.11018 of 2019 & Connected cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946
WP(C) NO. 25138 OF 2019
PETITIONER:
DR.SAILENDRA KUMAR .G.N
AGED 53 YEARS
S/O. G. NAGENDRAN NAIR, T.C 50/1197(1),
SIVASREE, THALIYIL , KARAMANA,
THIRUVANANTHAPURAM 2 PROFESSOR AND HEAD OF THE
DEPARTMENT, DEPARTMENT OF HOMOEOPATHIC PHARMACY,
SREE VIDHYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE,
NENMON, THIRUVANANTHAPURAM
BY ADV SAJEEV KUMAR K.GOPAL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, AYUSH DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695
001
2 THE SECRETARY TO GOVERNMENT,
FINANCE DEPARTMENT, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM 695 001
3 THE PRINCIPAL AND CONTROLLING OFFICER,
GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE,
AYRANIMUTTAM, THIRUVANANTHAPURAM, PIN 695 009
4 THE ADMINISTRATIVE OFFICER,
GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE,
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WP(C) Nos.11018 of 2019 & Connected cases
AYRANIMUTTAM, THIRUVANANTHAPURAM, PIN 695 009
DRAWING AND DISBURSING OFFICER, SREE
VIDHYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE,
NEMOM, THIRUVANANTHAPURAM
5 THE KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE P.O, THRISSUR 680 596
REPRESENTED BY ITS REGISTRAR.
BY ADV SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND
ALLIED SCIENCE
OTHER PRESENT:
SRI.P.K.BABU, SPECIAL GOVERNMENT PLEADER
(FINANCE)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.01.2025, ALONG WITH WP(C).35237/2009 AND
CONNECTED CASES, THE COURT ON 14.03.2025 DELIVERED THE
FOLLOWING:
2025:KER:21911
9
WP(C) Nos.11018 of 2019 & Connected cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946
WP(C) NO. 26976 OF 2019
PETITIONER:
DR.SHALINI G.UNNITHAN, AGED 44 YEARS
W/O. V. MOHAN ROY, UPASANA LANE, AMBALAMUKKU,
KURAVANKONAM ROAD, KOWDIAR P.O.,
THIRUVANANTHAPURAM - 695 003, PROFESSOR AND HEAD
OF THE DEPARTMENT, DEPARTMENT OF REPERTORY, SREE
VIDHYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE,
NENMOM, THIRUVANANTHAPURAM - 20
BY ADV SAJEEV KUMAR K.GOPAL
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, AYUSH DEPARTMENT,
GOVERNMENT SECRETARY, THIRUVANANTHAPURAM - 695
001.
2 THE SECRETARY TO GOVERNMENT
FINANCE DEPARTMENT, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM - 695 001
3 THE PRINCIPAL AND CONTROLLING OFFICER
GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE,
AYRANIMUTTAM, THIRUVANANTHAPURAM, PIN - 695 009
4 THE ADMINISTRATIVE OFFICER
GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE,
AYRANIMUTTAM, THIRUVANANTHAPURAM, PIN - 6950009,
DRAWING AND DISBURSING OFFICER, SREE
2025:KER:21911
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WP(C) Nos.11018 of 2019 & Connected cases
VIDHYADHIRAJA HOMEOPATHIC MEDICAL COLLEGE,
NEMOM, THIRUVANANTHAPURAM - 20
5 THE KERALA UNIVERSITY OF HEALTH SCIENCES
MEDICAL COLLEGE P.O., THRISSUR - 680 596,
REPRESENTED BY ITS REGISTRAR
BY ADV SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND
ALLIED SCIENCE
OTHER PRESENT:
SRI.P.K.BABU, SPECIAL GOVERNMENT PLEADER
(FINANCE)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 07.01.2025, ALONG WITH WP(C).35237/2009 AND CONNECTED
CASES, THE COURT ON 14.03.2025 DELIVERED THE FOLLOWING:
2025:KER:21911
11
WP(C) Nos.11018 of 2019 & Connected cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946
WP(C) NO. 30913 OF 2019
PETITIONER:
DR.L.MINI DEVI, AGED 53 YEARS
W/O.PADMAKUMAR, THRIVENI, ULIYAKOVIL.P.O.,
KOLLAM-691019, READER, DEPARTMENT OF PRACTICE OF
MEDICINE, SREE VIDHYADHIRAJA HOMOEOPATHIC
MEDICAL COLLEGE, NEMOM, THIRUVANANTHAPURAM.
BY ADV SAJEEV KUMAR K.GOPAL
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, AYUSH DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-
695001.
2 THE SECRETARY TO GOVERNMENT,
FINANCE DEPARTMENT, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM-695001.
3 THE PRINCIPAL AND CONTROLLING OFFICER,
GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE,
AYRANIMUTTAM, THIRUVANANTHAPURAM, PIN-695009.
4 THE ADMINISTRATIVE OFFICER,
GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE,
AYRANIMUTTAM, THIRUVANANTHAPURAM, PIN-695009.
DRAWING AND DISBURSING OFFICER, SREE
VIDHYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE,
2025:KER:21911
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WP(C) Nos.11018 of 2019 & Connected cases
NEMOM, THIRUVANANTHAPURAM.
5 THE KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE.P.O., THRISSUR-680596,
REPRESENTED BY ITS REGISTRAR.
BY ADV SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND
ALLIED SCIENCE
OTHER PRESENT:
SRI.P.K.BABU, SPECIAL GOVERNMENT PLEADER
(FINANCE)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.01.2025 ALONG WITH WP(C).35237/2009 AND
CONNECTED CASES, THE COURT ON 14.03.2025 DAY DELIVERED THE
FOLLOWING:
2025:KER:21911
13
WP(C) Nos.11018 of 2019 & Connected cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946
WP(C) NO. 30892 OF 2019
PETITIONER:
DR.SAREESH S., AGED 44 YEARS
S/O. V. SASIDHARAN, POOMKAVIL HOUSE, ADINADU
SOUTH, KATTILKADAVU P.O. KARUNAGAPPILY KOLLAM,
690 542, LECTURER DEPARTMENT OF COMMUNITY
MEDICINE,SREE VIDHYDHIRAJA HOMOEOPATHIC MEDICAL
COLLEGE, NENOMOM, THIRUVANANTHAPURAM.
BY ADV SAJEEV KUMAR K.GOPAL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, AYUSH DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695
001.
2 THE SECRETARY TO GOVERNMENT,
FINANCE DEPARTMENT, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM 695 001.
3 THE PRINCIPAL AND CONTROLLING OFFICER,
GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE,
AYRANIMUTTAM, THIRUVANANTHAPURAM 695 009.
4 THE ADIMINISTRATIVE OFFICER,
GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE,
AYRANIMUTTAM, THIRUVANANTHAPURAM 695 009.
DRAWING AND DISBURSING OFFICER, SREE
2025:KER:21911
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WP(C) Nos.11018 of 2019 & Connected cases
VIDHYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE,
NEMOM, THIRUVANANTHAPURAM.
5 THE KERALA UNIVESITY OF HEALTH SCIENCE,
MEDICAL COLLEGE P.O. THRISSUR 680 596,
REPRESENTED BY ITS REGISTRAR.
BY ADV SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND
ALLIED SCIENCE
OTHER PRESENT:
SRI.P.K.BABU, SPECIAL GOVERNMENT PLEADER
(FINANCE)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.01.2025, ALONG WITH WP(C).35237/2009 AND
CONNECTED CASES, THE COURT ON 14.03.2025 DELIVERED THE
FOLLOWING:
2025:KER:21911
15
WP(C) Nos.11018 of 2019 & Connected cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946
WP(C) NO. 35561 OF 2018
PETITIONER:
DR.SMITHA M., AGED 42 YEARS
W/O KOMALA KUMARAN M, T.C. 16/4306/2,
DANETHUVILAYIL, KALATHIL, LANE, MURINJAPALAM,
MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM -
695011
BY ADVS.
PIRAPPANCODE V.S.SUDHIR
SRI.JELSON J.EDAMPADAM
RESPONDENTS:
1 STATE OF KERALA, REP BY THE SECRETARY TO
GOVERNMENT, AYUSH DEPARTMENT, GOVT SECRETARIAT,
THIRUVANANTHAPURAM - 695001
2 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM 695 001.
3 THE KERALA UNIVERSITY OF HEALTH SCIENCE,
REPRESENTED BY THE
REGISTRAR,MULAMKUNNATHUKAVU,MEDICAL
COLLEGE.P.O.THRISSUR 680 596.
4 THE MANANGER,
SREE VIDHYADHIRAJA HOMEOPATHIC,MEDICAL COLLEGE,
2025:KER:21911
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WP(C) Nos.11018 of 2019 & Connected cases
NEMOM,THIRUVANANTHAPURAM 695 020.
5 THE PRINCIPAL AND CONTROLLING OFFICER,
GOVERNMENT HOMOEOPATHIC MEDICAL
COLLEGE,IRANIMUTTOM,THIRUVANANTHAPURAM 695 001.
6 THE PRINCIPAL IN CHARGE,
SREE VIDHYADHIRAJA HOMOEOPATHIC,MEDICAL COLLEGE,
NEMOM,THIRUVANANTHAPURAM 695 020.
7 DR. REKHA CHANDRAN R,
TUTOR (MATERIA MEDICA DEPARTMENT),SREE
VIDHYADHIRAJA HOMEOPATHIC MEDICAL
COLLEGE,NEMOM,THIRUVANANTHAPURAM 695 020.
8 DR. K.N.USHA,
TUTOR,(MATERIA MEDICA DEPARTMENT)SREE
VIDHYADHIRAJA HOMOEOPATHIC MEDICAL
COLLEGE,NEMOM,THIRUVANANTHAPURAM 695 020.
9 DR.S.SEENA,
TUTOR,(MATERIA MEDICA DEPARTMENT),SREE
VIDHYADHIRAJA HOMEOPATHIC MEDICAL
COLLEGE,NEMOM,THIRUVANANTHAPURAM 695 020.NOW
UNDER DEPUTATION TO P.G.COURSE, MATERIA
MEDICA,GOVERNMENT HOMOEOPATHIC MEDICAL
COLLEGE,IRANIMUTTOM,MANACAUD
P.O,THIRUVANANTHAPURAM 695 009.
BY ADVS.
SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED
SCIENCE
SRI.P.M.SANEER
SRI.N.NANDAKUMARA MENON (SR.)
SMT.M.U.VIJAYALAKSHMI
SRI.P.K.MANOJKUMAR
SRI.K.JAJU BABU (SR.)
SRI.G.P.SHINOD
SRI.GOVIND PADMANAABHAN
KUM.NEETU VINOD
SMT.SMITHA S.PILLAI
SHRI.AJIT G ANJARLEKAR
SMT.ALICE THOMAS
2025:KER:21911
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WP(C) Nos.11018 of 2019 & Connected cases
SMT.M.C.SINY
OTHER PRESENT:
SRI.P.K.BABU, SPECIAL GOVERNMENT PLEADER
(FINANCE)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 07.01.2025, ALONG WITH WP(C).35237/2009 AND CONNECTED
CASES, THE COURT ON 14.03.2025 DELIVERED THE FOLLOWING:
2025:KER:21911
18
WP(C) Nos.11018 of 2019 & Connected cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946
WP(C) NO. 35745 OF 2018
PETITIONER:
DR. KRISHNAKUMAR M.,
AGED 42 YEARS
READER, DEPARTMENT OF FORENSIC MEDICINE AND
TOXICOLOGY, SHREE VIDHYADHIRAJA HOMOEOPATHIC
MEDICAL COLLEGE, NEMOM, THIRUVANANTHAPURAM, S/O.
G.MADHAVAN PILLAI, SANTHALAYAM, ERUVA P.O.,
KAYAMKULAM, ALAPPUZHA - 690 572.
BY ADV SAJEEV KUMAR K.GOPAL
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, AYUSH DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695
001.
2 THE PRINCIPAL AND CONTROLLING OFFICER,
GOVERNMENT HOMOEPATHIC MEDICAL COLLEGE,
AYRANIMUTTAM, THIRUVANANTAHPURAM-695009.
3 THE ADMINISTRATIVE OFFICER,
GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE,
AYRANIMUTTAM, THIRUVANANTHAPURAM-695009, DRAWING
AND DISBURSING OFFICER, SHREE VIDHYADHIRAJA
HOMOEPATHIC MEDICAL COLLEGE, NEMOM,
THIRUVANANTHAPURAM.
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19
WP(C) Nos.11018 of 2019 & Connected cases
4 THE KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE P.O., THRISSUR-680596,
REPRESENTED BY ITS REGISTRAR.
5 ADDL.R5 DR. SMITHA M
AGED 42 YEARS
W/O KOMALA KUMARAN M, T.C 16/4306/2,
DANETHUVILAYIL, KALATHIL LANE, MURINJAPALAM,
MEDICAL COLLEGE PO, THIRUVANANTHAPURAM-695011.
(ADDL.R5 IMPLEADED AS PER THE ORDER DATED
22/11/2018 IN IA.NO.01/2018)
6 ADDL. R6. THE SECRETARY TO GOVERNMENT,
FINANCE DEPARTMENT, GOVERNMENT OF KERALA.
(ADDITIONAL R6 IS SUO MOTU IMPLEADED AS PER THE
ORDER DATED 25/07/2019 IN WPC)
BY ADVS.
SRI.P.SREEKUMAR,SC,KERALA UTY.
HEALTH AND ALLIED SCIENCE
PIRAPPANCODE V.S.SUDHIR
OTHER PRESENT:
SRI.P.K.BABU, SPECIAL GOVERNMENT PLEADER
(FINANCE)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.01.2025, ALONG WITH WP(C).35237/2009 AND
CONNECTED CASES, THE COURT ON 14.03.2025 DELIVERED THE
FOLLOWING:
2025:KER:21911
20
WP(C) Nos.11018 of 2019 & Connected cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946
WP(C) NO. 31589 OF 2019
PETITIONER:
DR.SHINY MATHEW, AGED 45 YEARS
D/O.SRI M.T MATHAI, SHINE COTTAGE, HOUSE NO.21,
DEVINAGAR, KALADY, KARAMANA P O,
THIRUVANANTHAPURAM-2, LECTURER, DEPARTMENT OF
PATHOLOGY AND MICROBIOLOGY, SREE VIDHYADHIRAJA
HOMOEOPATHIC MEDICAL COLLEGE, NANMOM,
THIRUVANANTHAPURAM.
BY ADV SAJEEV KUMAR K.GOPAL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, AYUSH DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-
695001.
2 THE SECRETARY TO GOVERNMENT,
FINANCE DEPARTMENT, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM-695001.
3 THE PRINCIPAL AND CONTROLLING OFFICER,
GOVERNMENT HOMOEPATHIC MEDICAL COLLEGE,
AYRANIMUTTAM, THIRUVANANTHAPURAM, PIN-695009.
4 THE ADMINISTRATIVE OFFICER,
GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE,
AYRANIMUTTAM, THIRUVANANTHAPURAM, PIN-695009,
DRAWING AND DISBURSING OFFICER, SREE
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WP(C) Nos.11018 of 2019 & Connected cases
VIDHYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE,
NEMOM, THIRUVANANTHAPURAM.
5 THE KERALA UNIVERSITY OF HELATH SCIENCES,
MEDICAL COLLEGE P O, THRISSUR-680596,
REPRESENTED BY ITS REGISTRAR.
BY ADV SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY
OF HEALTH SCIENCES
OTHER PRESENT:
SRI.P.K.BABU, SPECIAL GOVERNMENT PLEADER
(FINANCE)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.01.2025, ALONG WITH WP(C).35237/2009 AND
CONNECTED CASES, THE COURT ON 14.03.2025 DELIVERED THE
FOLLOWING:
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22
WP(C) Nos.11018 of 2019 & Connected cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946
WP(C) NO. 31613 OF 2019
PETITIONER:
DR.L.SHAJITHA BEEGUM, AGED 47 YEARS
D/O.M.BADARUDEEN, V.S.M MANZIL, VELLAMKETTUVILA,
NEMOM.P.O., PRAVACHAMBALAM, THIRUVANANTHAPURAM,
LECTURER, DEPARTMENT OF PRACTICE OF MEDICIN,E
SREE VIDHYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE,
NENMOM, THIRUVANANTHAPURAM
BY ADV SAJEEV KUMAR K.GOPAL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, AYUSH DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-
695001
2 THE SECRETARY TO GOVERNMENT
FINANCE DEPARTMENT, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM-695001
3 THE PRINCIPAL AND CONTROLLING OFFICER
GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE,
AYRANIMUTTAM, THIRUVANANTHAPURAM, PIN-695009
4 THE ADMINISTRATIVE OFFICER
GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE,
AYRANIMUTTAM, THIRUVANANTHAPURAM, PIN-695009.
DRAWING THE DISBURSING OFFICER, SREE
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WP(C) Nos.11018 of 2019 & Connected cases
VIDHYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE,
NEMOM, THIRUVANANTHAPURAM
5 THE KERALA UNIVERSITY OF HEALTH SCIENCES
MEDICAL COLLEGE.P.O., THRISSUR-680596,
REPRESENTED BY ITS REGISTRAR
BY ADV SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY
OF HEALTH SCIENCES
OTHER PRESENT:
SRI.P.K.BABU, SPECIAL GOVERNMENT PLEADER
(FINANCE)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.01.2025, ALONG WITH WP(C).35237/2009 AND
CONNECTED CASES, THE COURT ON 14.03.2025 DELIVERED THE
FOLLOWING:
2025:KER:21911
24
WP(C) Nos.11018 of 2019 & Connected cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946
WP(C) NO. 40417 OF 2022
PETITIONER:
DR.SURESHKUMAR P.V, AGED 56 YEARS
READER, DEPARTMENT OF ORGANON OF MEDICINE, SREE
VIDHYADHIRAJA HOMEOPATHIC MEDICAL COLLEGE,
NEMOM. P.O, THIRUVANANTHAPURAM DISTRICT, PIN -
695020
BY ADV JESTIN MATHEW
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO
GOVERNMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,, PIN - 695001
2 THE SECRETARY TO GOVERNMENT
FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,, PIN - 695001
3 THE SECRETARY TO GOVERNMENT
AYUSH (B) DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,, PIN - 695001
4 THE SECRETARY TO GOVERNMENT
LAW DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
5 THE PRINCIPAL AND CONTROLLING OFFICER
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WP(C) Nos.11018 of 2019 & Connected cases
GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE,
IRANIMUTTOM, THIRUVANANTHAPURAM, PIN - 695009
6 KERALA UNIVERSITY OF HEALTH SCIENCES
MEDICAL COLLEGE P.O, THRISSUR, REPRESENTED BY
ITS REGISTRAR., PIN - 680596
7 SREE VIDHYADHIRAJA HOMEOPATHIC MEDICAL COLLEGE
NEMOM. P.O, THIRUVANANTHAPURAM
DISTRICT, ,REPRESENTED BY ITS MANAGER., PIN -
695020
BY ADVS. SANEER P.M
OTHER PRESENT:
SRI.P.K.BABU, SPECIAL GOVERNMENT PLEADER
(FINANCE)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 07.01.2025, ALONG WITH WP(C).35237/2009 AND CONNECTED
CASES, THE COURT ON 14.03.2025, DELIVERED THE FOLLOWING:
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WP(C) Nos.11018 of 2019 & Connected cases
JUDGMENT
Dated this the 14th day of March, 2025
[WP(C) Nos.35237/2009, 11018/2019, 25113/2019,
25138/2019, 26976/2019, 30913/2019, 30892/2019,
35561/2018, 35745/2018, 31589/2019, 31613/2019,
40417/2022]
Captioned writ petitions are preferred by the teaching
faculties of Shree Vidyadhiraja Homeopathic Medical College
and Hospital, Nemom. The grievance voiced in all these writ
petitions except W.P.(C)No.35561 of 2018 is the non
disbursement of salary and other benefits though their
appointments against the posts were sanctioned by
Government and the appointments were approved by the
Governing Council of the Kerala University of Health Science in
accordance with the directions of this Court in common
Judgment dated 13.03.2015 in WP(C) No.7689 of 2015 and
connected cases. For the purpose of convenience, I prefer to
narrate the facts and circumstances in WP(C) No.11018/2019.
2. The petitioners in all these writ petitions are
qualified Homeopathic Medical Practitioners working as
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Teaching Faculties under various capacities in different
departments of the 5th respondent Homeopathic Medical
College. The 5th respondent Medical College was brought under
Direct Payment System ('DPS' for short) with effect from
01.09.2002 on execution of agreement between the State and
the Management on 21.06.2003. As per the terms of the
agreement and the provisions in DPS, the Government became
the Pay Master. Even then the wages were not paid to the staff
of the College. The issue relating to sanction of posts, approval
of appointments, and payment of salary were taken up before
the Government. Accordingly, meetings were held in the
presence of the Chief Minister of Kerala, Minister of Health and
Family Welfare Department, Principal Secretary Health and
Family Welfare Department, Controlling Officer and Principal,
Government Homeopathic Medical College,
Thiruvananthapuram and all the stakeholders including the
representatives of the Manager and the teaching and non-
teaching faculties.
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3. In the meeting held on 31.10.2011, a resolution
was taken to follow the staff pattern under the regulations
issued by the Central Council for Homeopathy. The resolution
with respect to payment of salary and other allowances at the
earliest was taken in the said meeting. At a subsequent
meeting held on 14.02.2013, the Chief Minister of Kerala
presided and resolved to disburse the salary with immediate
effect. The Principal Secretary was given the charge of
considering the education qualifications of the incumbents to
pass appropriate orders, which is evident from Ext.P3.
4. Even that was not acted upon. Accordingly, the
teaching and non teaching staffs of the 5 th respondent college
constrained to move this Court. Accordingly, writ petition
No.18669 of 2015 and connected matters were preferred
before this Court. By common judgment dated 13.03.2015,
this Court has, categorically, disposed of the writ petitions by
Ext.P4, wherein it was recorded that the Central Council for
Homeopathic Regulation would govern the institution.
Furthermore, upon recording the undertaking by the
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Government Pleader that the Government would abide by the
decisions taken in the meeting and that a proposal would be
forwarded, the Government would sanction the post.
Accordingly, the following directions were issued.
I. The manager shall send the proposal to workout
decision within a period of one month to the
Principal & Controlling Officer.
II. On receipt of the proposal, the Principal &
Controlling Officer, without any delay, shall
forward the same to the Government for the
approval of the staff pattern.
III. The staff pattern shall be implemented with
effect from 01.09.2002, the date on which Direct
Payment System was introduced.
IV. The Government shall take action to implement
its decision in the light of proposal within two
months after receipt of the same from the Principal
& Controlling Officer.
V. The interim order passed in respect of payment
of salary to various writ petitions to continue till
the government takes a decision.
VI. Based on the approval of staff fixation, the
University shall take a decision to approve the
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appointment of those petitioners within three
months.
VII. The entire arrears and monetary benefits shall
be released without any delay.
5. Even thereafter, the said judgment was taken in
appeal before the Division Bench by the State. However, that
was dismissed and the judgment rendered by the learned
Single Judge was upheld. Thereafter, the Government
approached the Apex Court by preferring a Special Leave
Petition. The SLP was also dismissed by order dated
16.08.2016.
6. As a result of the dismissal of the SLP based on the
finding that Ext.P4 judgment had become final, the
Government issued Ext.P5 GO(Rt) No.473/2016/Ayush/2016,
and thereby sanctioned the staff pattern in accordance with the
Central Council of Homeopathic Regulations, 1983 and 2002.
That was extant regulations at the relevant period. Thereby
clarified that the teaching and non-teaching staff appointed
upto 10.09.2002 will be governed by the 1983 Regulations and
those appointed after 11.09.2002 will be governed by the
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Regulations of Central Council of Homeopathic Medicine 2002.
The manager was directed to forward the proposal for
appointment of qualified individuals to Kerala University of
Health Sciences for the approval after due scrutiny of the
qualifications in accordance with Central Council of
Homeopathic Guidelines within the stipulated period of three
months.
7. Accordingly, upon forwarding the approval by the
University, the Government has to consult Finance and Law
Department to disburse the consequential arrears in the pay
band implemented from 01.09.2002, till date to the eligible
appointees.
8. In the light of Ext.P5 order and direction, the Kerala
University of Health Science, the Governing Council of the
University verified the proposal forwarded by the Manager and
also scrutinized the qualifications possessed by the candidates
and approved the proposal of appointment of 43 teaching staff
i.e., 13 Professors, 15 Readers and 15 Lecturers. The list of
incumbents, whose appointments were approved by the
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University were appended to its order, that is available in
Ext.P6. All the petitioners in the captioned writ petitions are
included in Ext.P6 list and their appointments were approved
with their respective dates.
9. Despite the sanctioning of posts and approval of
appointments in accordance with Ext.P4 judgment and
consequential order as per Ext.P5, no further orders were
issued by the Government sanctioning the pay and other
benefits.
10. However, WP(C) No.35561 of 2018 is preferred
impugning Ext.P5 and P6, the consequential orders issued by
the Government as well as the Kerala University of Health
Sciences, only on the background of the assignment of inter se
seniority among the petitioner and three other tutors, namely,
Dr.Rekhachandran, Dr.K.N.Usha and Dr. Seema from the
Department of Materia Medica under the 5 th respondent
College. The petitioner is also from the same Department.
11. The learned Special Government Pleader for
Finance opposed the contentions in all the writ petitions on the
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background that Ext.P4 order lacks the consultation or
ratification by the Finance Department of the Government. It
is stated that Ext.P5 is void since the concurrence of the
Finance Department has not been obtained. Such contention is
taken on the basis of Rule 10(1) of the Rules of Business of
Government of Kerala which states no department shall
without previous consultation with the Finance Department
authorize any orders (other than the orders pursuant to any
general delegation made by the Finance Department) which
either immediately or by their repercussion will affect the
finance of the State.
12. In order to decide the issue, I have to consider
various issues; primarily the qualification of the petitioners;
then the regulations by the Central Council of Homeopathy
Regulations and its impact and then the directions in Ext.P4
judgment and its finality. Thereafter, the issue raised by the
learned Special Government Pleader with respect to the
consultation with the Finance Department of the Government
as per the rules of Business of Government of Kerala.
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13. The essential qualification for the Lecturer in
Homeopathy subjects prescribed was Post Graduate
qualification in Homeopathy or a degree in Homeopathy with
four years of professional experience. The age limit prescribed
is not more than 35 years on the last date of receipt of
application for the post with a relaxation upto 5 years for
exceptionally qualified persons with prior approval of the
University concerned. In any of the case, the University is the
authority to decide the qualification with respect to the
petitioners. However, the University has not raised any dispute
with respect to the qualification of the petitioners and
forwarded Ext.P6 approval to the Government. Hence that
issues need not be deliberated in this case.
14. The other contention is with respect to the impact
of Homeopathy Regulations. In that regard it is contended that
the Homeopathy Central Council Act, 1973 was enacted by the
Parliament and received the assent of the President of India on
19.12.1973 and was published in the Gazette of India
Extraordinary Part II, Page No. 683 dated 20.12.1973. The
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said Act was promulgated to make out provisions for obtaining
prior approval of the Central Government for establishing
Homeopathy Medical College and for increasing number of
seats for introducing new or higher course of study, recognition
of Homeopathic Medical College and also to prescribe minimum
standards of education in the Homeopathy Medical College in
the Country by providing uniform standard of Homeopathy
practices and to regulate the registration of Homeopathy
Practitioners.
15. The said regulation also provides for regulation of
standards of medical education, practice and regulation of
staff, i.e., teaching and non-teaching in the Colleges. Section
20 of the Act provides for minimum standards of education
which is to be ensured by issuance of regulations with previous
sanction of the Central Government and by notification in the
official Gazette. Section 33 of the Act empowers the Central
Council with previous sanction of the Central Government to
make regulations notified in the official Gazette. It was in
accordance with Section 33 and 20 of the Act, whereby the
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regulations were framed. The Homeopathic Central Council
Act, 1973 was enacted by the Parliament in exercise of its
powers under Entry 66 of List I of the VII th Schedule of the
Constitution. The Homeopathic Central Councill Act, 1973 and
the Regulations framed thereunder are binding on the State.
Recognition of the Homeopathic Medical College, the
recognition of the course and seat to be allowed in each
courses are regulated by the Central Council for the
Homeopathy and the Regulations framed thereunder are
binding on the State Government as in the case of Medical
Council of India and the regulations framed by them. This
position has been clarified by the Hon'ble Apex Court in
Srivastava and Another v. State of Madhya Pradesh and
others [1999 (7) SCC 120]. The situation is similar to that of
University Grants Commission Act and All India Council for
Technical Education Act 1987.
16. This part is already admitted by the Government,
as evident in Ext.P3, the minutes of the meeting held on
14.02.2013, wherein it was resolved that the Central Council of
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Homeopathic Regulations 1983 and 2002 govern the sanction
of posts and the approval of appointments for both teaching
and non-teaching staff, which is an admitted fact in Ext.P4
judgment. The proposal forwarded by the Manager of the 5 th
respondent College was in compliance with the Regulations.
Accordingly the 1st respondent Government by Ext.P5
Government Order dated 24.09.2016 sanctioned the staff
strength in accordance with the Central Council of India
Regulations 1983 and 2002. In tune with the same, University
has also approved the appointments in terms of the Central
Council of Homeopathy Regulations 1983 with respect to the
appointments carried out from 1983 to 01.09.2002 and
thereafter from 11.09.2002 in terms of 2002 Regulations.
17. However these issues with respect to Regulations
were not raised by the Government while objecting the prayers
in the writ petitions. The only issues raised were with respect
to the finality of Ext.P4 judgment and the sustainability of
Ext.P5 order in the light of the Rules of Business of the
Government of Kerala especially under Rule 10(1) and Rule 26.
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18. The learned counsel for the petitioners primarily
contended that Ext.P4 judgment in WP(C) No.18669/2006 and
connected cases dated 13.03.2015 had become final, as the
Writ Appeal preferred before the Division Bench by the State
was dismissed whereby Ext.P4 judgment was upheld.
Thereafter the judgment of the Division Bench was taken up
before the Hon'ble Apex Court. By order dated 16.08.2016,
the SLPs preferred against those WA judgments were
dismissed. Thereby Ext.P4 judgment become final and the
State cannot turn around question the nature of judgment.
Moreover, in compliance with the directions and on finding that
Ext.P4 judgment became final, the Government issued Ext.P5
order. The said order was issued after complying with the
formalities contemplated under Ext.P4 judgment in tune with
the Central Council of Homeopathy Regulations. Thereby the
Government is estopped from raising any objection in
implementing Ext.P5 Government Orders.
19. In compliance with the directions in Ext.P4
judgment, the Government sanctioned the posts of the 5 th
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respondent Homeopathic Medical College. The Kerala University
of Health Science had approved the appointments of all the
petitioners in the captioned writ petitions, after considering
their respective merits with respect to their qualifications, age
and other criteria specified in accordance with the Regulations
1983 and 2002 of the Central Council of Homeopathy
Regulations.
20. The Governing Council of the University is
empowered to approve the appointment of teachers in private
and aided colleges under the Direct Payment System of the
Government as per Section 23(XV) of the Kerala University of
Health Science Act, 2010. The University accordingly
scrutinized the qualifications of each candidate and approved
the appointments of those individuals, whose names were
included in Ext.P6 order dated 04.08.2018.
21. The approval of teachers appointed against posts
is sanctioned by the Government in accordance with Section 57
of the Kerala University Act, 1974 since as per Section 58 of
the Kerala University of the Health Science Act, 2010, the
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provisions of Section 51 to 68 of the Kerala University Act,
1974 would apply in case of private and aided colleges of the
University. These provisions were also complied with insofar as
the appointments were against the posts sanctioned by the
Government and duly approved by the Governing Council of
the Kerala University of Health Science Act. Therefore, it is
contended that the appointments and approval of all the
incumbents became final as objections were raised with respect
to their eligibility in being appointed and in the light of the
rejection of Special Leave to Appeal against the Division Bench
judgment the entire issue became final.
22. What remains is the disbursement of salary,
arrears and other allowances entitled to all the petitioners. In
support of the contentions with respect to finality of the Ext.P4
judgment, the following decisions were brought to the notice of
this Court. X v. Union of India [2023 KHC 6926], Union of
India & others v. Major S.P. Sharma & others [2014 (6)
SCC 351], M/s. Northern India Caterers (India) Ltd. v.
Lt. Governor of Delhi, [1980 (2) SCC 167].
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In X v. Union of India paragraph 19 it was held :
"It is trite law that once a judgment or order attains
finality, a party seeking to challenge the decision
rendered may do so only by taking recourse to one of
the following.
a) Invoking the jurisdiction of the Court to
review the judgment or order.
b) Preferring an appeal against the judgment
or order (where an appeal lies); or
c) In the case of the Supreme Court, filing a
curative petition.
The reason for the availability of a limited number of
routes by which a judgment can be challenged is that
there must be a quietus to a dispute. Unlimited modes
by which judgments or orders can be challenged would
result in chaos, uncertainty and unpredictability. This
is also the reason why an application for recall of an
order or judgment cannot be entertained by this Court,
save and except in exceptional circumstances such as
where a party which is directly affected was not served
with notice of the proceedings."
23. Similarly in Union of India and others v. Major
S.P. Sharma supra in paragraph 81 and 82 it was held :
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"81. Thus, the principle of finality of litigation is based
on a sound firm principle of public policy. In the
absence of such a principle great oppression might
result under the colour and pretence of law in as much
as there will be no end to litigation. The doctrine of
res-judicata has been evolved to prevent such an
anarchy.
82 In a country governed by the Rule of law, finality of
judgment is absolutely imperative and great sanctity
is attached to the finality of the judgment and it is not
permissible for the parties to reopen the concluded
judgments of the Court as it would not only
tantamount to merely an abuse of the process of the
Court but would have far reaching adverse effect on
the administration of justice. It would also nullify the
doctrine of stare decisis, a well established valuable
principle of precedent which cannot be departed from
unless there are compelling circumstances to do so.
The judgments of the Court and particularly of the
Apex Court of a country cannot and should not be
unsettled lightly."
24. In M/s.Northern India cited supra, with respect
to finality of judgment Justice V.R. Krishna Iyyer observed that
further waking up the issue by filing a review where already
review petition is dismissed is like "asking for the moon".
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25. The counsel argued on behalf of the petitioners
also addressed the argument with respect to consultation with
the Finance Department under Rule 10(1) and Rule 26 of the
Rules of Business of Government of Kerala. It is after 10 years
of passing of judgment dated 13.03.2015 the Government has
come up with such objection in implementing the order passed
in compliance with the direction of Ext.P4 judgment. In fact
Ext.P4 judgment was passed after recording the submission by
the learned Government Pleader on behalf of the State. At that
time these contentions were not taken up on behalf of the
State. In compliance with the directions in Ext.P4 judgment the
proposal was forwarded by the Manager through the Principal &
Controlling Officer and the posts were sanctioned by the
Government and forwarded for the approval to the Kerala
University of Health Sciences. By approval of such
appointments by the Kerala University of Health Sciences, the
only thing remaining is the disbursement of the salary and
other financial benefits by the Government. In that regard
Ext.P5 Government Order was issued by the Ayush Department
in the Government of Kerala under Health and Family Welfare
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Department. Now by a volt face the Finance Department alone
cannot come with a contention that Ext.P5 Government Order
is not sustainable as it has not obtained the concurrence from
the Finance Department.
26. Rule 10(1) of the Rules of Business of the
Government of Kerala states "no department shall without
previous consultation with the Finance Department authorise
any order (other than orders pursuant to any general
delegation made by the finance department) which either
immediately or by their repercussion, will affect finance of the
state." According to the petitioners, this contention based on
Rule 10(1) will not sustain since Ext.P5 order was issued in
compliance with directions in Ext.P4 which is a consensual
order. The staff pattern was approved by the Government as
the same is in accordance with the Central Council of
Homeopathic Regulations 1983 and 2002. As per Part II Serial
No.2 of the Rules of Business, the distribution of business
between the department of Secretariat and the Ayush
Department is included as second therein and all matters
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relating to educational institutions in Ayush under Government,
including private and Aided, including allotment of new
institutions, subjects and service matters of their staffs etc are
the business of Ayush Department. The Finance Department
has no role to play in the approval of staff pattern and
appointment of teachers in colleges under direct payment
system in Ayush Department. The role of Finance Department
comes only when it affects the finance of the State.
27. In this case that only come with respect to
granting of arrears with effect from 01.09.2002, the date on
which the 5th respondent come under the Direct Payment
System or from the date of appointment of the petitioners as in
the case of petitioners herein. Even that power cannot be
exercised since Ext.P4 judgment directed to sanction the staff
pattern, posts and approval of the teachers by the University
and on such sanctioning and approval, the entire arrears and
monetary benefits are to be released and the judgment
became final by the dismissal of SLP. Hence, the Finance
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Department cannot take a different stand against the directions
in Ext.P4 judgment.
28. Similarly, Rule 26 of Rules of Business stipulates in
case of extreme urgency the consultation and placing before
the Cabinet could be overlooked. The compliance with the
directions in the judgment of this Court, as upheld by the
Division Bench, and the Apex Court itself, is an extremely
urgent situation, which necessitated the issuance of orders by
the concerned department. This is the circumstance in which
the Ayush Department without consulting the Finance
Department issued orders, on the strength of the directions of
the Law Department in accordance with the directions in Ext.P4
judgment.
29. If the Government is of the opinion that Ext.P5
Government Order is bad, it had sufficient time and
opportunity to cancel or rescind its own order on assigning
sufficient reason, which has not been done till date or sought
for any review or clarification of Ext.P4 judgment. In the
absence of any such move, the government cannot take a
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different stand in complying with the directions in Ext.P4
judgment and implementation of Ext.P5 Government Order.
The learned counsel for the petitioner argued that the decisions
relied on by the Special Government Pleader in support of his
contention are not sustainable. On accepting this contention
after going through the following decisions pointed out by the
learned Special Government Pleader for Finance, I am of the
considered opinion that those decisions have no relevance in
the case on hand.
30. The learned Special Government Pleader produced
the decision of the Hon'ble Apex Court in Manish Kumar v.
Union of India and Another[ (2021) 5 SCC 1], Union of
India and another v. Karthick Chandra Mondal and
Another[2010 KHC 4031], Rajendra Prataprao Mane and
Others v. Sadashivrao Mandalik K.T.S.S.K.3 Ltd and
Others[ 2012 KHC 4182], Bansal v. State of
Rajasthan[ 2003 KHC 697] and MRF v. Manohar Parrikar
and Others [(2010) 11 SCC 374].
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31. In MRF v. Manohar Parrikar and Others
(supra), it was held that where the Rules of Business contain
prohibitive or negative words, they are indicative of the intent
that the provision is mandatory; in matters relating to revenue
or finance rigorous observance of the Rules is essential; when
the cabinet alone is competent to take a decision or where the
Finance Department has conveyed its disagreement or where
there is no prior consultation with the finance department, the
decision of the individual Minister is liable to be quashed;
where the Rules of Business have not been complied with, then
the decision/communication cannot be termed as a
government decision and an individual functionary cannot
bypass the Rules of Business and the requirement for certain
matters to be placed before the Council of Ministers.
32. In Bansal v. State of Rajasthan (supra) it was
held that till the advice of the council of ministers is accepted
by the Governor, views of the Council of Ministers does not get
crystallized into action of the State. On going by the
contentions and on the basis of the aforementioned decisions,
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WP(C) Nos.11018 of 2019 & Connected cases
it appears that those decisions have no application since, I
found that Ext.P4 judgment became final. Ext.P5 is the
consequential order passed by the Government which need to
be implemented. The challenge raised against such order by
the Special Government Pleader, on the basis of violation of
Rules of Business, will not sustain.
33. Further it is contended that since there is no
argument of infirmity with respect to the qualification and
eligibility of the petitioners in the light of Exts.P5 and P6, the
petitioners are entitled for salary and arrears.
34. The other argument raised by the learned Special
Government Pleader is that non convening of the Selection
Committee will negate the appointments. Such an argument is
raised without considering the facts involved in this case. None
of the appointments in the 5th respondent College were carried
out by a Selection Committee since the Government had not
allotted its nominee despite the intimation from the College
requiring the Government to delegate its nominee for the
Selection Committee to facilitate appointment to various posts.
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Moreover, this contention is taken for the first time while
defending the prayers to implement Ext.P5. Such contentions
were never taken in any stage during the finalisation of Ext.P4
judgment.
35. The learned counsel for the petitioner in WP(C)
No.35561 of 2018 is primarily stressing on the inter se
seniority between the petitioner therein and respondents 7 to
9. She initially joined as Guest Lecturer in 5 th respondent
college on 10.01.2003. Thereafter, she was appointed as Tutor
in Materia Medica Department, with effect from the date of her
initial appointment as Guest Lecturer. This was in compliance
with Kerala State Homeopathic Medical College Services Rules
dated 19.3.2001. Later, under the agreement dated
21.06.2003, the 5th respondent College and the Government
entered into an agreement under the Direct Payment System.
36. As per paragraph 6.1 of the agreement there shall
be a selection committee for the selection of teaching staff for
appointment and as per para 7.1 all future appointment
towards teaching staff shall be made by educational agency
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WP(C) Nos.11018 of 2019 & Connected cases
only from the list of persons prepared by the selection
committee. Thereby the appointment to both teaching and non
teaching staffs on and from 21.06.2003 shall be only through a
selection committee. According to the petitioner, the petitioner
was appointed on 10.01.2003 as per the Special Rules, prior to
execution of the agreement between the college and the
Government. Therefore, she cannot be equated with the other
incumbents, whose appointments were as per Ext.P5 and they
cannot be considered together. On these primary
backgrounds, the petitioner in the afore writ petition challenges
Exts.P5 and P6 orders without bringing all the affected persons
in the party array.
37. The challenge raised is against the entire order
and is not limited to the extent that it affects the seniority of
the incumbents in the Department of Materia Medica.
Therefore, the challenges raised in this writ petition cannot be
considered together. Moreover, it appears that if such
challenge is allowed, that will affect majority of the incumbents
under the 5th respondent college, who were not properly
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WP(C) Nos.11018 of 2019 & Connected cases
represented in the writ petition. On that background itself, the
arguments raised by the learned counsel for the petitioner
were not worth to consider.
On accepting the contentions raised by the side of the
petitioners in all the other writ petitions, I find that there is
nothing to controvert the arguments of the learned counsel for
the petitioners in all the other writ petitions. Hence, all those
writ petitions are allowed and WP(C) No.35561 of 2018 is
dismissed.
sd/-
P.M.MANOJ
JUDGE
das
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APPENDIX OF WP(C) 11018/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER
ISSUED TO THE PETITIONER DATED
01.04.2011.
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 30.03.2012
APPOINTING THE PETITIONER AS LECTURER.
EXHIBIT P3 TRUE COPY OF THE MINUTES OF THE MEETING
HELD ON 14.02.2013
EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN
WP(C)NO.7689 OF 2015 DATED 13.03.2015.
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 24.09.2016
ISSUED BY THE HOMOEO MEDICAL EDUCATION
DEPARTMENT.
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 04.08.2018
ISSUED BY THE 3RD RESPONDENT UNIVERSITY
ALONG WITH RELEVANT EXTRACTS OF THE
APPENDIX.
EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN WP(C)
23504 OF 2016 DATED 22.02.2019.
Exhibit P8 TRUE COPY OF THE OPINION FURNISHED BY
THE LAW DEPARTMENT OBTAINED UNDER THE
PROVISIONS OF RTI ACT
Exhibit P9 THE LAW DEPARTMENT REITERATED ITS
EARLIER OPINION. TRUE COPY OF THE LEGAL
OPINION FURNISHED BY THE LAW DEPARTMENT
ON 03.08.2022
Exhibit P10 A TRUE COPY OF THE LEGAL OPINION DATED
16.06.2021 PROVIDED BY THE OFFICE OF
THE LEARNED ADVOCATE GENERAL TO THE
AYUSH (B) DEPARTMENT
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Exhibit P11 THE LETTER DATED 26.08.2021 ISSUED BY
THE AYUSH DEPARTMENT ALONGWITH EXT. P10
TO SHRI MANU C
RESPONDENT EXHIBITS
Exhibit R1(a) True copy of the order GO(MS)
No.184/2003/HFWD dated 03-09-2003
Exhibit R1(b) True copy of the Homeopathy(Minimum
Standards of Education) Regulation 1983
Exhibit R1(c) True copy of the Homeopathy(Minimum
Standards of Education) Amended
Regulation 2002
Exhibit R1(d) True copy of GO(MS) No.203/2006/HFWD
dated 22-09-2006
Exhibit R1(e) True copy of the order GO(MS)
No.346/2008/HFWD dated 09-07-2008
Exhibit R1(f) True copy of the order GO(MS)
No.376/2009/HFWD dated 30-10-2009
Exhibit R1(g) True copy of the agreement made between
the Management and the Government dated
21-06-2003
EXHIBIT R6(d) TRUE COPY OF THE ORDER DATED 22.11.2019
IN S.L.P NO. 27213/2019.
EXHIBIT R6(c) TRUE COPY OF THE JUDGMENT DATED
09.10.2019 IN W.A NO. 2061/2019.
EXHIBIT R6(b) TRUE COPY OF THE MEMORANDUM OF WRIT
APPEAL FILED BY THE 1ST RESPONDENT, AS
W.A NO. 2061/2019.
EXHIBIT R6(a) TRUE COPY OF THE RELEVANT EXTRACT OF
THE CENTRAL COUNCIL OF HOMOEOPATHY
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WP(C) Nos.11018 of 2019 & Connected cases
(MINIMUM STANDARDS OF EDUCATION)
REGULATIONS 1983, AMENDED UPTO 2002.
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APPENDIX OF WP(C) 25113/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO.27140/2008 OF THIS HON'BLE COURT.
EXHIBIT P2 TRUE COPY OF THE GOVERNMENT ORDER DATED
24.09.2016 VIDE G.O.RT
NO.473/2016/AYUSH.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WP(C)
NO.12192 OF 2017 OF THIS HON'BLE COURT.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED
04.08.2018, ISSUED BY THE 4TH
RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER PASSED
BY THIS HON'BLE COURT IN WP(C) NO.31250
OF 2010.
EXHIBIT P6 TRUE COPY OF THE INTERIM ORDER DATED
25.07.2019.
RESPONDENT EXHIBITS
Exhibit R1(a): A true copy of the order
GO(MS)No.184/2003/H and FWD dated 03-
09-2003.
Exhibit R1(b): A true copy of the relevant pages of
Homoeopathy (minimum standards of
education Regulation 1983
Exhibit R1(c): A true copy of the Homoeopathy (minimum
standards of education)Amended
Regulation 2002
Exhibit R1(e): A true copy of GO(MS)No.203/2006/H and
FWD dated 22-09-2006
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Exhibit (f): A true copy of GO(MS)No.346/2008/H and
FWD dated 09-07-2008
Exhibit R1(g): A true copy of GO(MS)No.376/2009/H and
FWD dated 30-10-2009
Exhibit R1(h): A true copy of the agreement made
between the management and the
Government dated 21-06-2003
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APPENDIX OF WP(C) 25138/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.
27140/2008 OF THIS HON'BLE COURT
EXHIBIT P2 TRUE COPY OF THE GOVERNMENT ORDER DATED
24-09-2016 VIDE G.ORT NO.
473/2016/AYUSH
EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.
12192 OF 2017 OF THIS HON'BLE COURT
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 04-08-2018
ISSUED BY THE 4TH RESPONDENT
EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER PASSED
BY THIS HON'BLE COURT IN W.P(C) NO.
31250 OF 2010
EXHIBIT P6 TRUE COPY OF THE INTERIM ORDER DATED
25-07-2019 OF THIS HON'BLE COURT.
Exhibit-P7 True copy of the order dated 18.11.2020
passed by the Hon'ble Supreme Court in
RESPONDENT EXHIBITS
Exhibit R1 (a) True copy of the order GO(MS) No.
184/2003 H AND FWD dated 03.09.2003
Exhibit R1 (b) True copy of the Homoeopathy (Minimum
Standards of Education ) Regulation
Exhibit R1 (c) True copy of the relevant pages of the
Homoeopathy (Minimum Standards of
Education) Amended Regulation 2002
Exhibit R1 (d) True copy of GO(MS) No. 203/2006/H and
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WP(C) Nos.11018 of 2019 & Connected cases
FWD dated 22.09.2006
Exhibit R1 (e) True copy of the GO (MS) No. 346/2008/H
and FWD dated 09.07.2008
Exhibit R1 (f) True copy of the GO(MS) No.376/2009/H
and FWD dated 30.10.2009
Exhibit R1 (g) True copy of the Agreement made between
the Management and the Government dated
21.06.2003
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APPENDIX OF WP(C) 26976/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO.27140/2008 OF THIS HON'BLE COURT
EXHIBIT P2 TRUE COPY OF THE GOVERNMENT ORDER DATED
24-09-2016 VIDE
G.O.RT.NO.473/2016/AYUSH
EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO.12192 OF 2017 OF THIS HON'BLE COURT
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 04-08-2018
ISSUED BY THE 4TH RESPONDENT
EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER PASSED
BY THIS HON'BLE COURT IN W.P.(C)
NO.31250 OF 2010
EXHIBIT P6 TRUE COPY OF THE INTERIM ORDER DATED
25-07-2019
Exhibit-P7 True copy of the order passed by the
Hon'ble Supreme Court in SLP(C) No.
10603/2020 dated 18.11.2020.
RESPONDENT EXHIBITS
EXHIBIT R1(a) TRUE COPY OF THE ORDER GO(MS)184-2003-
HEALTH AND FAMILY WELFARE DEPT DATED 3-
9-2003
EXHIBIT R1(b) TRUE COPY OF THE HOMEOPATHY (MINIMUM
STANDARDS OF EDUCATION ) REGULATION
EXHIBIT R1(c) TRUE COPY OF THE HOMEOPATHY (MINIMUM
STANDARDS OF EDUCATION)AMENDED
REGULATION ,2002
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EXHIBIT R1(e) TRUE COPY OF GO(MS)NO203-2006-HEALTH
AND FAMILY WELFARE DEPT DATED 22-9-2006
EXHIBIT R1(f) TRUE COPY OF GO(MS) 346-2008-HEALTH AND
FAMILY WELFARE DEPT DATED 9-7-2008
EXHIBIT R1(g) TRUE COPY OF GO(MS) NO376-2009-HEALTH
AND FAMILY WELFARE DEPT DATED 30-10-
EXHIBIT R1(h) TRUE COPY OF THE AGREEMENT MADE BETWEEN
THE MANAGEMENT AND THE GOVERNMENT
DATED21-6-2003
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APPENDIX OF WP(C) 30913/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN W.P.
(C)NO.27140/2008 OF THIS HON'BLE COURT.
EXHIBIT P2 TRUE COPY OF THE GOVERNMENT ORDER DATED
24.9.2016 VIDE G.O.RT
NO.473/2016/AYUSH.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN
WPC.NO.12192 OF 2017 OF THIS HON'BLE
COURT.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 4.8.2018
ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER PASSED
BY THIS HON'BLE COURT IN WPC.NO.31250
OF 2010.
EXHIBIT P6 TRUE COPY OF THE INTERIM ORDER DATED
25.7.2019 OF THIS HON'BLE COURT.
Exhibit-P7 True copy of the Govt. order dated 26-
02-2011 vide G.O. (MS) No. 137/2011/H
and FWD
Exhibit-P8 True copy of the Govt. order dated 18-
06-2012 vide G.O. (MS) No. 185/2012/H
and FWD
Exhibit-P9 True copy of the judgment dated
09.10.2019 in writ appeal No. 1977/2019
and connected cases
Exhibit-P10 True copy of the interim order passed
in SLP Civil No.27213/2019 dated 22-11-
Exhibit-P11 True copy of the interim order passed
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WP(C) Nos.11018 of 2019 & Connected cases
by the Hon'ble Supreme court dated 18-
11-2020 in SLP Civil No.10603/2020
RESPONDENT EXHIBITS
EXHIBIT R1(a) A TRUE COPY OF THE ORDER
GO(MS)NO.184/2003/H AND FWD DATED 03-
09-2003
EXHIBIT R1(b) A TRUE COPY OF THE RELEVANT PAGES
HOMOEOPATHY (MINIMUM STANDARDS OF
EDUCATION )REGULATION 1983
EXHIBIT R1(c) A TRUE COPY OF THE HOMOEOPATHY (MINIMUM
STANDARDS OF EDUCATION )AMENDED
REGULATION 2002
EXHIBIT R1(d) A TRUE COPY OF GO(MS)NO.203/2006/H AND
FWD DATED 22-09-2006
EXHIBIT R1(e) A TRUE COPY OF GO(MS)NO.346/2008/H AND
FWD DATED 09-07-2008
EXHIBIT R1(f) A TRUE COPY OF GO(MS)NO.376/2009/H AND
FWD DATED 30-10-2009
EXHIBIT R1(g) A TRUE COPY OF THE AGREEMENT MADE
BETWEEN THE MANAGEMENT AND THE
GOVERNMENT DATED 21.06.2003
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APPENDIX OF WP(C) 30892/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN WPC NO.
27140/2008 OF THIS HONBLE COURT.
EXHIBIT P2 TRUE COPY OF THE GOVERNMENT ORDER DATED
24.09.2016 VIDE G.O. RT NO.
473/2016/AYUSH.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WPC NO.
12192 OF 2017 OF THIS HONBLE COURT.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 04.08.2018
ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER PASSED
BY THIS HONBLE COURT IN WPC NO. 31250
OF 2010.
EXHIBIT P6 TRUE COPY OF THE INTERIM ORDER DATED
25.07.2019 OF THIS HONBLE COURT.
Exhibit-P7 True copy of the Govt. order dated 26-
02-2011 vide G.O. (MS) No. 137/2011/H
and FWD
Exhibit-P8 True copy of the Govt. order dated 18-
06-2012 vide G.O. (MS) No. 185/2012/H
and FWD
Exhibit-P9 True copy of the judgment dated
09.10.2019 in writ appeal No. 2061/2019
and connected cases in writ appeal No.
2061/2019 and connected cases
Exhibit-P10 True copy of the interim order passed
in SLP Civil No.27213/2019 dated 22-11-
Exhibit-P11 . True copy of the interim order passed
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WP(C) Nos.11018 of 2019 & Connected cases
by the Hon'ble Supreme court dated 18-
11-2020 in SLP Civil No.10603/2020
RESPONDENT EXHIBITS
Exhibit R1(a): A true copy of the order
GO(MS)No.184/2003/H and FWD dated 03-
09-2003
Exhibit R1(b): A true copy of the relevant pages
Homoeopathy (minimum standards of
education)regulation 1983
Exhibit R1(c): A true copy of the Homoeopathy (minimum
standards of education )Amended
regulation 2002
Exhibit R1(e): A true copy of the GO(MS)No.203/2006/H
and FWD dated 22-09-2006
Exhibit R1(f): A true copy of GO(MS)No.346/2008/H and
FWD dated 09-07-2008
Exhibit R1(g): A true copy of GO(MS)No.376/2009/H and
FWD dated 30-10-2009
Exhibit R1(h) A true copy of the agreement made
between the Management and the
Government dated 21-06-2003
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WP(C) Nos.11018 of 2019 & Connected cases
APPENDIX OF WP(C) 35561/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE GO (RT) NO 3672/78/HD
DATED 14.12.1978 AND THE BYE LAW OF
SREE VIDYADHIRAJA HOMEOPATHIC MEDICAL
COLLEGE,THIRUVANANTHAPURAM APPENDED TO
IT.
EXHIBIT P2 TRUE COPY OF THE ORDER NO 25 DATED
23.4.2003 OF THE SECRETARY SREE
VIDYADHIRAJA VIDYA SAMAJAM, APPOINTED
AS TUTOR IN THE MATERIA MEDICA
DEPARTMENT.
EXHIBIT P2 TRUE COPY OF THE RELEVANT EXTRACT OF
THE KERALA STATE HOMEOPATHIC MEDICAL
COLLEGES SERVICE RULES PUBLISHED BY THE
GOVERNMENT OF KERALA,HEATH AND FAMILY
WELFARE DEPARTMENT AS PER GO(P) NO
79/2001/H AND FWD DATED 19.3.2001.
EXHIBIT P3 TRUE COPY OF THE AGREEMENT ENTERED INOT
BETWEEN THE GOVERNMENT AND THE
SECRETARY SREE VIDYADHIRAJA VIDYA
SAMAJAM ON 21.6.2003.
EXHIBIT P4 TRUE COPY OF THE GO(RT) NO 945/04/H AND
FWD DATED 27.3.2004.
EXHIBIT P5 TRUE COPY OF THE ORDER NO 85 DATED
10.6.2005 OF THE SECRETARY SREE
VIDYADHIRAJA VIDYA SAMAJAM.
EXHIBIT P6 TRUE COPY OF THE GO(MS) NO 346/2008/H
AND FWD DATED 9.7.2008
EXHIBIT P7
EXHIBIT P8 TRUE COPY OF THE ORDER NO
AC.F.V/21341/2010 DATED 16.4.2010 OF
THE REGISTRAR, UNIVERSITY OF KERALA.
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EXHIBIT P9 TRUE COPY OF THE GO(MS) NO 137/2011/H &
FWD DATED 26.2.2011.
EXHIBIT P10 TRUE COPY OF THE GO(MS) NO 185/2012/H &
FWD DATED 18.6.2012.
EXHIBIT P11 TRUE COPY OF THE GO(MS) NO 213/2012/H &
FWD DATED 7.7.2012
EXHIBIT P12 TRUE COPY OF THE JUDGMENT DATED
13.3.2015 OF THIS HON'BLE COURT IN WPC
EXHIBIT P13 TRUE COPY OF THE LETTER NO
171/J2/2015/H & FWD DATED 26.7.2015 OF
THE 1ST RESPONDENT.
EXHIBIT P14 TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN W.A NO 1684/2015 IN
EXHIBIT P15 TRUE COPY OF THE JUDGMENT DATED
1.3.2016 OF THIS HON'BLE COURT IN WA NO
EXHIBIT P16 TRUE COPY OF THE GO(RT) NO
473/2016/AYUSH DATED 24.9.2016
EXHIBIT P17 TRUE COPY OF THE REPRESENTATION DATED
3.1.2017 SUBMITTED BY THE FATHER OF THE
PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P18 TRUE COPY OF THE REPRESENTATION DATED
27.1.2017 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT.
EXHIBIT P19 TRUE COPY OF THE ORDER NO
6772/ACI/GEN/A3/15/KUHS DATED 4.8.2018
OF THE 3RD RESPONDENT.
EXHIBIT P20 TRUE COPY OF THE REPRESENTATION DATED
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WP(C) Nos.11018 of 2019 & Connected cases
11.9.2018 SUBMITTED BY THE FATHER OF
THE PETITIONER BEFORE THE HON'BLE
MINISTER FOR FINANCE.
EXHIBIT P21 TRUE COPY OF HE APPLICATION DATED
10.08.2018 SUBMITTED BY THE APPLICANT
BEFORE THE PUBLIC INFORMATION OFFICER,
GOVT.HOMOEOPATHIC MEDICAL COLLEGE,UNDER
RIGHT TO INFORMATION ACT
EXHIBIT P22 TRUE COPY OF THE REPLY DATED 17.09.2018
OF THE STATE PUBLIC INFORMATION OFFICER
TO EXT.P21 APPLICATION
EXHIBIT P23 TRUE COPY OF THE ORDER NO.018/2013/AC
II/KUHS/2012 DATED 31.01.2013 OF THE
KERALA UNIVERSITY OF HEALTH SCIENCES
EXHIBIT P24 TRUE COPY OF THE ORDER NO.1179/AC
H/KUHS/2015 DATED 11.02.2016 OF THE
KERALA UNIVERSITY OF HEALTH SCIENCES
EXHIBIT P25 TRUE COPY OF THE APPLICATION DATED
12.11.2018, ADDRESSED TO THE STATE
PUBLIC INFORMATION OFFICER, ANSS,
HOMOEO MEDICAL COLLEGE, KURICHI UNDER
RIGHT TO INFORMATION ACT.
EXHIBIT P26 TRUE COPY OF THE LETTER
NO.HC/929/A1/2018 DATED 18.12.2018 OF
THE STATE PUBLIC INFORMATION OFFICER,
ANSS HOMOEO MEDICAL COLLEGE, KURICHI
EXHIBIT P27 TRUE COPY OF THE ORDER NO.018/2013/AC
II/KUHS/2012 DATED 31.01.2013 OF THE
KERALA UNIVERSITY OF HEALTH SCIENCES
EXHIBIT P28 TRUE COPY OF THE JUDGMENT IN WPC.
NO.25765/2008 DATED 10.03.2011 OF THIS
HON'BLE COURT
EXHIBIT P29 TRUE COPY OF THE APPLICATION DATED
12.06.2020, SUBMITTED BY THE FATHER OF
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THE PETITIONER, TO THE STATE PUBLIC
INFORMATION OFFICER, FINANCE
DEPARTMENT, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM UNDER RIGHT TO
INFORMATION ACT.
EXHIBIT P30 TRUE COPY OF THE REPLY DATED 27.08.2020
OF THE UNDER SECRETARY AND STATE PUBLIC
INFORMATION OFFICER-II, FINANCE
DEPARTMENT TO EXT.P29 APPLICATION OF
THE PETITIONER
EXHIBIT P31 TRUE COPY OF THE DO LETTER
NO.1336040/HLT-B1/110/2019-FIN DATED
17.03.2020 OF THE SECRETARY TO
GOVERNMENT, FINANCE DEPARTMENT
ADDRESSED TO THE SECRETARY, DEPARTMENT
OF AYUSH
EXHIBIT P32 TRUE COPY OF THE MEMORANDUM OF WA
NO.287/2020 WITHOUT ITS ENCLOSURES
Exhibit P33 TRUE COPY OF THE APPLICATION DATED
10.04.2023 FILED BY THE FATHER OF THE
PETITIONER UNDER RIGHT TO INFORMATION
ACT, ADDRESSED TO THE STATE PUBLIC
INFORMATION 24-26 OFFICER, AYUSH
DEPARTMENT.
Exhibit P34 True copy of the his letter
No.B2/66/2023-AYUSH dated 20.04.2023,
of the State Public Information Officer
to the father of the petitioner
Exhibit P35 True copy of the Kerala State
Homoeopathic Medical Education
(Teaching) Services Special Rules 2019
issued vide G.O.(P)No.6/2019/Ayush
dated 11.03.2019, published in the
Kerala Gazette Extra Ordinary No.736
dated 18.03.2019
Exhibit P36 TRUE COPY OF THE
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GO(RT)NO.156/2023/AYUSH DATED 11.5.2023
Exhibit P37 TRUE COPY OF THE STATEMENT CUM
PAY/INCREMENT ARREAR BILL OF THE
APPLICANT WITH EFFECT FROM 01.01.2021
TO 31.12.2022, REFERRING TO THE
APPLICANT AS WORKING IN THE POST OF
TUTOR
Exhibit P38 TRUE COPY OF THE SALARY BILLS, FOR THE
MONTH OF APRIL 2023 OF THE OTHER
TEACHERS IN THE SREE VIDHYADHIRAJA
HOMOEOPATHIC MEDICAL COLLEGE, WORKING
IN THE POST OF TUTORS, DRAWING THEIR
SALARY IN THE POST OF TUTORS, WHICH IS
OBTAINED UNDER RIGHT TO INFORMATION
ACT, ALONG WITH THE APPLICATION
RESPONDENT EXHIBITS
EXHIBIT R7(a) THE PHOTOSTAT COPY OF THE ORDER
NO.SVVS/141(65)/2016 DATED 6-10-2016
ISSUED BY THE SECRETARY(SVV SAMAJAM) TO
THE 7TH RESPONDENT
EXHIBIT R7(b) THE PHOTOSTAT COPY OF THE ORDER
NO.SVVS/141(66)/2016 DATED 6-10-2016
ISSUED BY THE SECRETARY(SVV SAMAJAM) TO
THE 7TH RESPONDENT
EXHIBIT R1(f) TRUE COPY OF GO(MS) 346-2008-HEALTH AND
FAMILY WELFARE DEPARTMENT DATED 9-7-
EXHIBIT R1(a) TRUE COPY OF THE ORDER GO(MS)184-2003-
HEALTH AND FAMILY WELFARE DEPARTMENT
DATED 3-9-2003
EXHIBIT R1(c) TRUE COPY OF THE HOMEOPATHY(MINIMUM
STANDARDS OF EDUCATION ) AMENDED
REGULATION 2002
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EXHIBIT R1(e) TRUE COPY OF GO(MS) NO203-2006-HEALTH
AND FAMILY WELFARE DEPT DATED 22-9-2006
EXHIBITR1(g) TRUE COPY OF GO(MS) 376-2009-HEALTH AND
FAMILY WELFARE DEPT DATED 30-10-2009
EXHIBIT R1(b) TRUE COPY OF THE RELEVANT PAGES OF
HOMOEOPATHY REGULATION (MINIMUM
STANDARDSOF EDUCATION) ,1983
EXHIBIT R1(h) TRUE COPY OF THE AGREEMENT MADE BETWEEN
THE MANAGEMENT AND THE GOVERNMENT DATED
21.6.2003
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APPENDIX OF WP(C) 35745/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN
WPC.27140/2008 OF THIS HON'BLE COURT
EXHIBIT P2 TRUE COPY OF THE GOVERNMENT ORDER DATED
24.9.2016 VIDE G.O.RT NO.473/2016/AYUSH
EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN
WPC.12192/2017 OF THIS HON'BLE COURT
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 4.8.2018
ISSUED BY THE 4TH RESPONDENT
EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER PASSED BY
THIS HON'BLE COURT IN WPC.31250/2010
Exhibit-P6 True copy of the Govt. order dated 26-
02-2011 vide G.O. (MS) No. 137/2011/H
and FWD
Exhibit-P7 True copy of the Govt. order dated 18-
06-2012 vide G.O. (MS) No. 185/2012/H
and FWD
Exhibit-P8 True copy of the judgment in writ appeal
No. 2061/2019 and connected cases
Exhibit-P9 True copy of the interim order passed in
SLP Civil No.27213/2019 dated 22-11-2019
Exhibit-P10 . True copy of the interim order passed
by the Hon'ble Supreme court dated 18-
11-2020 in SLP Civil No.10603/2020
RESPONDENT EXHIBITS
EXHIBIT R1(a) TRUE COPY OF THE GO(MS) 184-2003-HEALTH
AND FAMILY WELFARE DEPT
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EXHIBIT R1(b) TRUE COPY OF THE HOMEOPATHY (MINIMUM
STANDArds OF EDUCATION)
EXHIBITR1(c) TRUE COPY OF THE HOMEOPATHY (MINIMUM
STANDARDS OF EDUCATION) AMENDED
REREGULATION 2002
EXHIBIT R1(e) TRUE COPY OF GO(MS) 203-2006-HEALTH AND
FAMILY WELFARE DATED 22-9-2006
EXHIBIT R1(f) TRUE COPY OF GO (MS) 346-2008-HEALTH AND
FAMILY WELFARE DATED9-7-2008
EXHIBIT R1(g) TRUE COPY OFGO(MS) 376-2009-HEALTHAND
FAMILY WELFARE DEPT DATED 30-10-2009
EXHIBIT R1(h) TRUE COPY OFTHE AGREEMENT MADE BETWEEN
THE MANAGEMENT AND THE GOVERNMENT DATED
21-6-2003
2025:KER:21911
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APPENDIX OF WP(C) 31589/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN WP(C)
NO.27140/2008 OF THIS HON'BLE COURT.
EXHIBIT P2 TRUE COPY OF THE GOVERNMENT ORDER DATED
24.09.2016 VIDE GO(RT
NO.473/2016/AYUSH.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WP(C)
NO.12192 OF 2017 OF THIS HON'BLE COURT.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 04.08.2018
ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER PASSED
BY THIS HON'BLE COURT IN WP(C) NO.31250
OF 2010.
EXHIBIT P6 TRUE COPY OF THE INTERIM ORDER DATED
25.07.2019 OF THIS HON'BLE COURT.
Exhibit-P7 True copy of the Govt. order dated 26-
02-2011 vide G.O. (MS) No. 137/2011/H
and FWD
Exhibit-P8 True copy of the Govt. order dated 18-
06-2012 vide G.O. (MS) No. 185/2012/H
and FWD
Exhibit-P9 True copy of the judgment in writ
appeal No. 2061/2019 and connected
cases dated 09.10.2019.
Exhibit-P10 True copy of the interim order passed
in SLP Civil No.27213/2019 dated 22-11-
Exhibit-P11 True copy of the interim order passed
by the Hon'ble Supreme court dated 18-
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WP(C) Nos.11018 of 2019 & Connected cases
11-2020 in SLP Civil No.10603/2020
RESPONDENT EXHIBITS
Exhibit R1(a) True copy of the order GO(MS)
No.184/2003-HFWD dated 03-09-2003
Exhibit R1(c) True copy of the Homeopathy (Minimum
Standards of Education) Amended
Regulation ,2002
Exhibit R1(b) True copy of the Homeopathy (Minimum
Standards of Education)
Regulation ,1983
Exhibit R1(d) True copy of the order GO(MS)
No.203/2006-HFWD dated 22-09-2006
Exhibit R1(e) True copy of the order GO(MS)
No.346/2008-HFWD dated 09-07-2008
Exhibit R1(f) True copy of the order GO(MS)
No.376/2009-HFWD dated 30-10-2009
Exhibit R1(g) True copy of the agreement made between
the Management and the Government dated
21/06/2003
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APPENDIX OF WP(C) 31613/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN
WP(C)NO.27140/2008 OF THIS HON'BLE
COURT
EXHIBIT P2 TRUE COPY OF THE GOVERNMENT ORDER DATED
24.09.2016 VIDE
G.O.RT.NO.473/2016/AYUSH
EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN
WP(C)NO.12192/2017 OF THIS HON'BLE
COURT
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 04.08.2018
ISSUED BY THE 5TH RESPONDENT
EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER PASSED
BY THIS HON'BLE COURT IN
EXHIBIT P6 TRUE COPY OF THE INTERIM ORDER DATED
25.07.2019 OF THIS HON'BLE COURT
Exhibit-P7 True copy of the Govt. order dated 26-
02-2011 vide G.O. (MS) No. 137/2011/H
and FWD
Exhibit-P8 True copy of the Govt. order dated 18-
06-2012 vide G.O. (MS) No. 185/2012/H
and FWD
Exhibit-P9 True copy of the judgment dated
09.10.2019 in writ appeal No. 2061/2019
and connected cases
Exhibit-P10 True copy of the interim order passed
in SLP Civil No.27213/2019 dated 22-11-
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Exhibit-P11 True copy of the interim order passed
by the Hon'ble Supreme court dated 18-
11-2020 in SLP Civil No.10603/2020
RESPONDENT EXHIBITS
Exhibit R1(a) True copy of the order GO(MS)
No.184/2003/HFWD dated 03/09/2003
Exhibit R1(b) True copy of the Homeopathy (Minimum
Standards of Education) Regulation,1983
Exhibit R1(c) True copy of the Homeopathy (Minimum
Standards of Education) Amended
Regulation,2002
Exhibit R1(d) True copy of the order GO(MS)
No.203/2006/HFWD dated 22/09/2006
Exhibit R1(e) True copy of the order GO(MS)
No.346/2008/HFWD dated 09/07/2008
Exhibit R1(f) True copy of the order GO(MS)
No.376/2009/HFWD dated 30/10/2009
Exhibit R1(g) True copy of the agreement made between
the Management and the Government dated
21-06-2003
2025:KER:21911
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APPENDIX OF WP(C) 40417/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT DATED
Exhibit P2 TRUE COPY OF THE JUDGMENT DATED
Exhibit P3 TRUE COPY OF THE ORDER DATED 16/08/2016
OF THE HONOURABLE SUPREME COURT IN SLP
Exhibit P4 TRUE COPY OF THE GO (RT) NO.
473/2016/AYUSH DATED 24/09/2016 ISSUED
BY THE 3RD RESPONDENT
Exhibit P5 TRUE COPY OF THE ORDER
NO.6772/ACI/GEN/A3/15/KUHS DATED
04/08/2018 ISSUED BY THE 6TH RESPONDENT
Exhibit P6 TRUE COPY OF THE LEGAL OPINION NO. 3088
SUIT-1 (2)/ (2022) LAW DATED 16/02/2022
Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED
25/11/2022
RESPONDENT EXHIBITS
Exhibit R3(a) A True copy of the order
GO(MS)No.184/2003/H and FWD dated
03.09.2003.
Exhibit R3(b) A true copy of the relevant pages of
Homoeopathy(minimum standards of
Education)1983
Exhibit R3(c) A true copy of the Homoeopathy (minimum
standards of education)Amended
regulation 2002
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exhibit R3(d) A true copy of GO(MS)No.203/2006/H and
FWD dated 22-09-2006
Exhibit R3(e) A true copy of GO(MS)No.346/2008/H and
FWD dated 09-07-2008.
Exhibit R3(f) A true copy of GO(MS)NO.376/2009/H and
FWD dated 30-10-2009.
Exhibit R3(g) A true copy of the agreement made
between the management and the
Government dated 21.06.2003.
2025:KER:21911
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APPENDIX OF WP(C) 35237/2009
PETITIONER EXHIBITS
Exhibit P1 TRUE COY OF THE PROCEEDINGS DATED
29.7.2002
Exhibit P2 TRUE COPY OF THE DIPLOMA CERTIFICATE
Exhibit P3 TRUE COPY OF THE DEGREE CERTIFICATE
DATED 22.1.2005 OF THE PETITIONER
Exhibit P4 TRUE COPY OF THE CERTIFICATE DATED
20.4.2004 ISSUED BY THE TRAVANCORE-
COCHIN MEDICAL COUNCIL
Exhibit P5 TRUE COPY OF GO(MS)NO.184/2003/H& FWD
DATED 3.9.2003
Exhibit P6 TRUE COPY OF GO(MS) NO.203/2006 DATED
22.09.2006
Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED
5.2.2007 SUBMITTED BY THE PETITIONER
BEFORE 1ST RESPONDENT
EXHIBIT P8 TRUE COPY OF THE LETTER DATED 9.2.2007
EXHIBIT P9 TRUE COPY OF THE MINUTES OF THE MEETING
REGARDING STAFF FIXATION IN SREE
VIDHYADHI RAJA HOMEO MEDICAL COLLEGE
NEMON HELD ON 28.03.2007
EXHIBIT P10 TRUE COPY OF THE SENIORITY LIST
EXHIBIT P11 TRUE COPY OF THE LETTER DATED 11.6.2007
SUBMITTED BY THE PRINCIPAL
EXHIBIT P12 TRUE COPY OF THE GO(MS) NO.346/2008/H &
FWD DATED 09.07.2008
EXHIBIT P13 TRUE COPY OF THE REPRESENTATION DATED
21.7.2008 SUBMITTED BY THE PETITIONER
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BEFORE 1ST RESPONDENT
EXHIBIT P14 TRUE COPY OF GO(MS) NO.376/2009/H & FWD
DATED 30.10.2009.
RESPONDENT EXHIBITS
EXHIBIT R3(a) TRUE COPY OF THE GO(MS)
NO.184/2003/H&FWD DATED 3.9.2003
EXHIBIT R3(b) TRUE COPY OF THE GO(MS)
NO.203/2006/H&FWD DATED 22.9.2006
EXHIBIT R3(c) TRUE COPY OF THE MINUTES OF THE MEETING
HELD ON 28.03.2007 BY THE 1ST
RESPONDENT
EXHIBIT R3(d) TRUE COPY OF THE SENIORITY LIST DATED
28.03.2007 SIGNED JOINTLY BY THE
PRINCIPAL AND THE SECRETARY OF SVRHMC
EXHIBIT R3(e) TRUE COPY OF THE GO(MS)
NO.346/2008/H&FWD DATED 09.07.2008
EXHIBIT R3(f) TRUE COPY OF THE GO(MS)
NO.376/2009/H&FWD DATED 09.07.2008
EXHIBIT R3(g) TRUE COPY OF THE RELEVANT PORTION OF
THE SPECIAL RULES RELATING TO THE
KERALA STATE HOMOEOPATHIC MEDICAL
COLLEGE SERVICE (GO(P) NO.79/2001/H&FWD
DATED 19.03.2001.
EXHIBIT R3(h) TRUE COPY OF THE LETTER OF APPOINTMENT
DATED 02.09.2003 APPOINTING THE 3RD
RESPONDENT
EXHIBIT R3(i) TRUE COPY OF THE JUDGMENT DATED
21.08.2007 IN WRIT PETITION NO.25384 OF
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EXHIBIT R3(j) TRUE COPY OF THE GO(RT)
NO.1757/2008/H&FWD DATED 17.05.2008
EXHIBIT R3(k) TRUE COPY OF THE REPORT OF THE
PRINCIPAL AND CONTROLLING OFFICER,
GOVT.HOMOEOPATHIC MEDICAL COLLEGE TVM
(NO.2238/C1/08/GHMCT(DHME)
EXHIBIT R3(l) TRUE COPY OF THE RELEVANT PAGES OF THE
REPORT OF THE PRINCIPAL AND CONTROLLING
OFFICER, GOVT.HOMOEOPATHIC MEDICAL
COLLEGE, TRIVANDRUM
Exhibit R3(n) True copy of the of the judgment dated
13.03.2015 in WPC No. 18669 of 2006
Exhibit R3(o) True copy of the Government Order
bearing No. GO(Rt.) 473/2016/AYUSH
dated 24.09.2016
Exhibit R3(p) True copy of the Letter of Appointment
Order No. SVRHMC/Est. 16/T dated
29.07.2002 of the petitioner as
Resident Medical Officer
Exhibit R3(q) True copy of the Diploma dated
23.04.1997 issued to the petitioner by
the Board of Examiners in Homoeopathy,
Government of Kerala
Exhibit R3(r) True copy of the relevant portion of
the CCH Regulations pertaining to
Homoeopathy (Minimum Standards of
Education Regulation) 1983 with regard
to qualification and eligibility for
the teaching staff of Homoeopathic
Medical Colleges
Exhibit R3(s) True copy of GO (MS) No.105/95/H and
FWD dated 22-01-95
Exhibit R3(t) True copy of GO(Rt) No. 1757/2008/H and
FWD dated 17.05.2008
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Exhibit R3(u) True copy of the Certificate of
Registration dated 20.04.2004
pertaining to the petitioner acquiring
BHMS Kerala University 2004 graded
degree issued by the Travancore-Cochin
Medical Council
Exhibit R3(v) True copy of CCH Regulations 2002
Exhibit R3(w) True copy of the order of appointment
order /proceedings dated 02.09.2003 of
the 3rd respondent issued by the Sree
Vidhyadhiraja Homeopathic Medical
College
Exhibit R3(x) True copy of Kerala University approval
dated 16.04.2010
