[Cites 2, Cited by 0]
Kerala High Court
State Of Kerala vs Dr. Krishnakumar M on 8 April, 2026
Author: Anil K. Narendran
Bench: Anil K. Narendran
W.A.No.2442 of 2025 & Conn. Cases 1 2026:KER:29913
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.
WEDNESDAY, THE 8TH DAY OF APRIL 2026 / 18TH CHAITHRA, 1948
WA NO. 2442 OF 2025
AGAINST THE JUDGMENT DATED 14.03.2025 IN WP(C) NO.35745 OF
2018 OF HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENTS 1 TO 3 & ADDITIONAL 6TH RESPONDENT IN
WP(C):
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, AYUSH DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE PRINCIPAL AND CONTROLLING OFFICER
GOVERNMENT HOMOEPATHIC MEDICAL COLLEGE,
AYRANIMUTTAM, THIRUVANANTAHPURAM, PIN - 695009
3 THE ADMINISTRATIVE OFFICER
GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE,
AYRANIMUTTAM, THIRUVANANTHAPURAM,
DRAWING AND DISBURSING OFFICER,
SHREE VIDHYADHIRAJA HOMOEPATHIC MEDICAL COLLEGE,
NEMOM, THIRUVANANTHAPURAM, PIN - 695009
4 THE SECRETARY TO GOVERNMENT
FINANCE DEPARTMENT, GOVERNMENT OF KERALA, PIN - 695001
SPL
SPL. GP (FINANCE)-SRI.P.K.BABU
RESPONDENT(S)/PETITIONER & 4TH RESPONDENT & ADDITIONAL 5TH
RESPONDENT:
1 DR. KRISHNAKUMAR M
AGED 42 YEARS
READER, DEPARTMENT OF FORENSIC MEDICINE AND
TOXICOLOGY, SHREE VIDHYADHIRAJA HOMOEOPATHIC MEDICAL
W.A.No.2442 of 2025 & Conn. Cases 2 2026:KER:29913
COLLEGE, NEMOM, THIRUVANANTHAPURAM,
S/O. G.MADHAVAN PILLAI, SANTHALAYAM, ERUVA P.O.,
KAYAMKULAM, ALAPPUZHA, PIN - 690572
2 THE KERALA UNIVERSITY OF HEALTH SCIENCES
MEDICAL COLLEGE P.O., THRISSUR
REPRESENTED BY ITS REGISTRAR, PIN - 680596
3 DR. SMITHA M
AGED 42 YEARS
W/O KOMALA KUMARAN M, T.C 16/4306/2, DANETHUVILAYIL,
KALATHIL LANE, MURINJAPALAM, MEDICAL COLLEGE PO,
THIRUVANANTHAPURAM, PIN - 695011
BY ADVS.
SHRI.SAJEEV KUMAR K.GOPAL
SHRI.S.GANESH, SC, KERALA UNIVERSITY OF HEALTH
SCIENCES
SHRI.P.SREEKUMAR (SR.), SC, KUHS
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 23.03.2026,
ALONG WITH WA.484/2026, 2543/2025 AND CONNECTED CASES, THE COURT
ON 08.04.2026 DELIVERED THE FOLLOWING:
W.A.No.2442 of 2025 & Conn. Cases 3 2026:KER:29913
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.
WEDNESDAY, THE 8TH DAY OF APRIL 2026 / 18TH CHAITHRA, 1948
WA NO. 2543 OF 2025
AGAINST THE JUDGMENT DATED 14.03.2025 IN WP(C) NO.11018 OF
2019 OF HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENTS 1 TO IN WPC:
1 STATE OF KERALA,
REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT,
DEPARTMENT OF AYUSH,
THIRUVANANTHAPURAM-1, PIN - 695001
2 THE PRINCIPAL SECRETARY,
DEPARTMENT OF AYUSH,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1, PIN -
695001
3 THE ADDITIONAL CHIEF SECRETARY,
DEPT. OF FINANCE GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-1, PIN - 695001
SPL. GP (FINANCE)-SRI.P.K.BABU
RESPONDENT(S)/PETITIONER AND RESPONDENTS 4, 5 & ADDITIONAL 6TH
RESPONDENT IN WP(C):
1 DR.G.MADHU,
AGED 48 YEARS
LECTURER, SREEVIDYADHIRAJA HOMOEOPATHIC MEDICAL
COLLEGE AND HOSPITAL, NEMOM,
THIRUVANANTHAPURAM- 695020
2 KERALA UNIVERSITY OF HEALTH SCIENCES,
REPRESENTED BY ITS REGISTRAR,
MULAMKUNNATHUKAVU, THRISSUR- 680596
W.A.No.2442 of 2025 & Conn. Cases 4 2026:KER:29913
3 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, PIN - 695020
4 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,
PIN - 695126
BY ADVS.
SHRI.ABI BENNY AREECKAL
SHRI.S.GANESH, SC, KERALA UNIVERSITY OF HEALTH
SCIENCES
SHRI.T.C.KRISHNA, SENIOR PANEL COUNSEL
SMT.BEA MARY BENNY
SHRI.BENNY GERVACIS (SR.)
SHRI.P.SREEKUMAR (SR.) FOR KUHS
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 23.03.2026,
ALONG WITH WA.2442/2025 AND CONNECTED CASES, THE COURT ON
08.04.2026 DELIVERED THE FOLLOWING:
W.A.No.2442 of 2025 & Conn. Cases 5 2026:KER:29913
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.
WEDNESDAY, THE 8TH DAY OF APRIL 2026 / 18TH CHAITHRA, 1948
WA NO. 2564 OF 2025
AGAINST THE JUDGMENT DATED 14.03.2025 IN WP(C) NO.40417 OF
2022 OF HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENTS 1 TO 5 IN WP(C):
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
GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE,
IRANIMUTTOM, THIRUVANANTHAPURAM, PIN - 695009
SPL. GP-SRI.P.K.BABU
RESPONDENT(S)/PETITIONER & RESPONDENTS 6 & 7 IN WP(C):
1 DR.SURESHKUMAR P.V
AGED 56 YEARS
W.A.No.2442 of 2025 & Conn. Cases 6 2026:KER:29913
READER, DEPARTMENT OF ORGANON OF MEDICINE,
SREE VIDHYADHIRAJA HOMEOPATHIC MEDICAL COLLEGE,
NEMOM. P.O, THIRUVANANTHAPURAM DISTRICT, PIN - 695020
2 KERALA UNIVERSITY OF HEALTH SCIENCES
MEDICAL COLLEGE P.O, THRISSUR,
REPRESENTED BY ITS REGISTRAR, PIN - 680596
3 SREE VIDHYADHIRAJA HOMEOPATHIC MEDICAL COLLEGE
NEMOM. P.O, THIRUVANANTHAPURAM DISTRICT,
REPRESENTED BY ITS MANAGER, PIN - 695020
BY ADVS.
SRI.JESTIN MATHEW
SHRI.S.GANESH, SC, KERALA UNIVERSITY OF HEALTH
SCIENCES
SHRI.P.SREEKUMAR (SR.), SC, KUHS
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 23.03.2026,
ALONG WITH WA.2442/2025 AND CONNECTED CASES, THE COURT ON
08.04.2026 DELIVERED THE FOLLOWING:
W.A.No.2442 of 2025 & Conn. Cases 7 2026:KER:29913
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.
WEDNESDAY, THE 8TH DAY OF APRIL 2026 / 18TH CHAITHRA, 1948
WA NO. 2568 OF 2025
AGAINST THE JUDGMENT DATED 14.03.2025 IN WP(C) NO.25113 OF
2019 OF HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENTS 1 TO 4 IN WPC:
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 ADMINISTRATIVE OFFICER
GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, AYRANIMUTTAM,
THIRUVANANTHAPURAM - 695 009., DRAWING AND DISBURSING
OFFICER, SREE VIDHYADHIRAJA HOMOEOPATHIC MEDICAL
COLLEGE, NEMOM, THIRUVANANTHAPURAM.
SPL.GP (FINANCE)-SRI.P.K.BABU
RESPONDENT(S)/PETIITONER & 5TH RESPONDENT IN WPC:
1 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, PIN - 695023
W.A.No.2442 of 2025 & Conn. Cases 8 2026:KER:29913
2 THE KERALA UNIVERSITY OF HEALTH SCIENCES
MEDICAL COLLEGE P.O., THRISSUR - 680 596,
REPRESENTED BY ITS REGISTRAR.
BY ADVS.
SRI.K.R.GANESH
SHRI.S.GANESH, SC, KERALA UNIVERSITY OF HEALTH
SCIENCES
SHRI.P.SREEKUMAR (SR.), SC, KUHS
SHRI.ELVIN PETER P.J. (SR.)
SHRI.SAJEEV KUMAR K. GOPAL
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 23.03.2026,
ALONG WITH WA.2442/2025 AND CONNECTED CASES, THE COURT ON
08.04.2026 DELIVERED THE FOLLOWING:
W.A.No.2442 of 2025 & Conn. Cases 9 2026:KER:29913
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.
WEDNESDAY, THE 8TH DAY OF APRIL 2026 / 18TH CHAITHRA, 1948
WA NO. 2602 OF 2025
AGAINST THE JUDGMENT DATED 14.03.2025 IN WP(C) NO.30913 OF
2019 OF HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENTS 1 TO 4 IN WPC:
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, NEMOM, THIRUVANANTHAPURAM.
SPL.GP(FINANCE)-SHRI.P.K.BABU
RESPONDENT(S)/PETITIONER & 5TH RESPONDENT IN WPC:
1 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.
W.A.No.2442 of 2025 & Conn. Cases 10 2026:KER:29913
2 THE KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE.P.O., THRISSUR-680596,
REPRESENTED BY ITS REGISTRAR.
BY ADVS.
SHRI.SAJEEV KUMAR K.GOPAL
SHRI.S.GANESH, SC, KERALA UNIVERSITY OF HEALTH
SCIENCES
SHRI.P.SREEKUMAR (SR.), SC, KUHS
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 23.03.2026,
ALONG WITH WA.2442/2025 AND CONNECTED CASES, THE COURT ON
08.04.2026 DELIVERED THE FOLLOWING:
W.A.No.2442 of 2025 & Conn. Cases 11 2026:KER:29913
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.
WEDNESDAY, THE 8TH DAY OF APRIL 2026 / 18TH CHAITHRA, 1948
WA NO. 2631 OF 2025
AGAINST THE JUDGMENT DATED 14.03.2025 IN WP(C) NO.25138 OF
2019 OF HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENTS 1 TO 4 IN WPC:
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, PIN - 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,
DRAWING AND DISBURSING OFFICER, SREE VIDHYADHIRAJA
HOMOEPATHIC MEDICAL COLLEGE, NEMOM,
THIRUVANANTHAPURAM, PIN - 695009
SPL. GP (FINANCE)-SHRI.P.K.BABU
RESPONDENT(S)/PETITIONER & 5TH RESPONDENT IN WP(C):
1 DR. SAILENDRA KUMAR G.N
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,
NEMOM, THIRUVANANTHAPURAM, PIN - 695002
W.A.No.2442 of 2025 & Conn. Cases 12 2026:KER:29913
2 THE KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE P.O, THRISSUR 680 596
REPRESENTED BY ITS REGISTRAR.
BY ADVS.
SHRI.SAJEEV KUMAR K.GOPAL
SHRI.S.GANESH, SC, KERALA UNIVERSITY OF HEALTH
SCIENCES
SHRI.P.SREEKUMAR (SR.), SC, KUHS
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 23.03.2026,
ALONG WITH WA.2442/2025 AND CONNECTED CASES, THE COURT ON
08.04.2026 DELIVERED THE FOLLOWING:
W.A.No.2442 of 2025 & Conn. Cases 13 2026:KER:29913
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.
WEDNESDAY, THE 8TH DAY OF APRIL 2026 / 18TH CHAITHRA, 1948
WA NO. 2644 OF 2025
AGAINST THE JUDGMENT DATED 14.03.2025 IN WP(C) NO.26976 OF
2019 OF HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENTS 1 TO 4 IN WP(C):
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,
DRAWING AND DISBURSING OFFICER,
SREE VIDHYADHIRAJA HOMEOPATHIC MEDICAL COLLEGE,
NEMOM,
THIRUVANANTHAPURAM - 695020, PIN - 695009
SPL. GP (FINANCE)-SHRI.P.K.BABU
RESPONDENT(S)/PETITIONER & 5TH RESPONDENT IN WP(C):
1 DR.SHALINI G.UNNITHAN
AGED 44 YEARS
W/O. V. MOHAN ROY, UPASANA LANE,
AMBALAMUKKU, KURAVANKONAM ROAD, KOWDIAR P.O.,
W.A.No.2442 of 2025 & Conn. Cases 14 2026:KER:29913
THIRUVANANTHAPURAM, PROFESSOR AND HEAD OF THE
DEPARTMENT, DEPARTMENT OF REPERTORY,
SREE VIDHYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE,
NENMOM, THIRUVANANTHAPURAM - 695020, PIN - 695003
2 THE KERALA UNIVERSITY OF HEALTH SCIENCES
MEDICAL COLLEGE P.O., THRISSUR - 680 596,
REPRESENTED BY ITS REGISTRAR
BY ADVS.
SHRI.SAJEEV KUMAR K.GOPAL
SHRI.S.GANESH
SHRI.P.SREEKUMAR (SR.), SC, KUHS
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 23.03.2026,
ALONG WITH WA.2442/2025 AND CONNECTED CASES, THE COURT ON
08.04.2026 DELIVERED THE FOLLOWING:
W.A.No.2442 of 2025 & Conn. Cases 15 2026:KER:29913
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.
WEDNESDAY, THE 8TH DAY OF APRIL 2026 / 18TH CHAITHRA, 1948
WA NO. 2591 OF 2025
AGAINST THE JUDGMENT DATED 14.03.2025 IN WP(C) NO.30892 OF
2019 OF HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENTS 1 TO 4 IN WP(C):
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, PIN - 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,
DRAWING AND DISBURSING OFFICER,
SREE VIDHYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE,
NEMOM, THIRUVANANTHAPURAM, PIN - 695009
SPL. GP (FINANCE)-SHRI.P.K.BABU
RESPONDENT(S)/PETITIONER:
1 DR.SAREESH S
AGED 44 YEARS
S/O. V. SASIDHARAN, POOMKAVIL HOUSE, ADINADU SOUTH,
KATTILKADAVU P.O. KARUNAGAPPILY, KOLLAM, LECTURER,
DEPARTMENT OF COMMUNITY MEDICINE, SREE VIDHYDHIRAJA
HOMOEOPATHIC MEDICAL COLLEGE, NENMOM,
W.A.No.2442 of 2025 & Conn. Cases 16 2026:KER:29913
THIRUVANANTHAPURAM, PIN - 690542
2 THE KERALA UNIVERSITY OF HEALTH SCIENCE
MEDICAL COLLEGE P.O. THRISSUR,
REPRESENTED BY ITS REGISTRAR, PIN - 680596
BY ADVS.
SHRI.SAJEEV KUMAR K.GOPAL
SHRI.S.GANESH, SC, KERALA UNIVERSITY OF HEALTH
SCIENCES
SHRI.P.SREEKUMAR (SR.), SC, KUHS
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23.03.2026,
ALONG WITH WA.2442/2025, THE COURT ON 08.04.2026 DELIVERED THE
FOLLOWING:
W.A.No.2442 of 2025 & Conn. Cases 17 2026:KER:29913
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.
WEDNESDAY, THE 8TH DAY OF APRIL 2026 / 18TH CHAITHRA, 1948
WA NO. 2601 OF 2025
AGAINST THE JUDGMENT DATED 14.03.2025 IN WP(C) NO.31589 OF
2019 OF HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENTS 1 TO 4 IN WPC:
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 VIDHYADHIRAJA HOMOEOPATHIC MEDICAL
COLLEGE, NEMOM, THIRUVANANTHAPURAM.
SPL. GP(FINANCE)-SHRI.P.K.BABU
RESPONDENT(S)/PETITIONER 5TH RESPONDENT IN WPC:
1 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,
W.A.No.2442 of 2025 & Conn. Cases 18 2026:KER:29913
SREE VIDHYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE,
NANMOM, THIRUVANANTHAPURAM, PIN - 695002
2 THE KERALA UNIVERSITY OF HELATH SCIENCES,
MEDICAL COLLEGE P O, THRISSUR-680596,
REPRESENTED BY ITS REGISTRAR.
BY ADVS.
SHRI.S.GANESH, SC, KERALA UNIVERSITY OF HEALTH
SCIENCES
SHRI.P.SREEKUMAR (SR.) FOR KUHS
SHRI.SAJEEV KUMAR K. GOPAL
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23.03.2026,
ALONG WITH WA.2442/2025 AND CONNECTED CASES, THE COURT ON
08.04.2026 DELIVERED THE FOLLOWING:
W.A.No.2442 of 2025 & Conn. Cases 19 2026:KER:29913
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.
WEDNESDAY, THE 8TH DAY OF APRIL 2026 / 18TH CHAITHRA, 1948
WA NO. 2609 OF 2025
AGAINST THE JUDGMENT DATED 14.03.2025 IN WP(C) NO.31613 OF
2019 OF HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENTS 1 TO 4 IN WPC:
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, PIN - 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,
DRAWING THE DISBURSING OFFICER,
SREE VIDHYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE,
NEMOM, THIRUVANANTHAPURAM, PIN - 695009
SPL. GP (FINANCE)-SHRI.P.K.BABU
RESPONDENT(S)/PETITIONER & RESPONDENT NO.5 IN WPC:
1 DR.L.SHAJITHA BEEGUM
AGED 47 YEARS
D/O.M.BADARUDEEN, V.S.M MANZIL,
VELLAMKETTUVILA, NEMOM.P.O., PRAVACHAMBALAM,
THIRUVANANTHAPURAM, LECTURER,
W.A.No.2442 of 2025 & Conn. Cases 20 2026:KER:29913
DEPARTMENT OF PRACTICE OF MEDICINE SREE VIDHYADHIRAJA
HOMOEOPATHIC MEDICAL COLLEGE, NENMOM,
THIRUVANANTHAPURAM, PIN - 695020
2 THE KERALA UNIVERSITY OF HEALTH SCIENCES
MEDICAL COLLEGE.P.O., THRISSUR,
REPRESENTED BY ITS REGISTRAR, PIN - 680596
BY ADVS.
SHRI.S.GANESH, SC, KERALA UNIVERSITY OF HEALTH
SCIENCES
SHRI.P.SREEKUMAR (SR.), SC, KUHS
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23.03.2026,
ALONG WITH WA.2442/2025 AND CONNECTED CASES, THE COURT ON
08.04.2026 DELIVERED THE FOLLOWING:
W.A.No.2442 of 2025 & Conn. Cases 21 2026:KER:29913
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.
WEDNESDAY, THE 8TH DAY OF APRIL 2026 / 18TH CHAITHRA, 1948
WA NO. 484 OF 2026
AGAINST THE JUDGMENT DATED 07.10.2025 IN WP(C) NO.2903 OF
2023 OF HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENT 1 TO 4 IN WPC:
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, PIN - 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 - 695 009, DRAWING AND
DISBURSING OFFICER, SREE VIDHYADHIRAJA HOMOEOPATHIC
MEDICAL COLLEGE, NEMOM, THIRUVANANTHAPRUAM
SPL. GP. (FINANCE) - SHRI.P.K.BABU
RESPONDENTS(S)/PETITIONER AND RESPONDENTS 5 AND 6 IN WPC:
1 DR.REKHA RAJAGOPALAN
AGED 48 YEARS, READER, DEPARTMENT OF ORGANON OF
MEDICINE, D/O S.RAJAGOPALAN, VRINDAVAN,
ADITHYA NAGAR NO.1, VADAKKEVILA P.O
MADANNADA, KOLLAM, PIN - 691010
W.A.No.2442 of 2025 & Conn. Cases 22 2026:KER:29913
2 DR.USHA G
AGED 53 YEARS
AGED 53 YEARS, PROFESSOR, DEPARTMENT OF MATINA
MEDICINE, D/O S.HARIKUMAR, FLAT NO.16D,
KALYAN SAPPHIRE, KUDAPPANAKUNNU,
TRIVANDRUM, PIN - 695043
3 DR.LETHA L
AGED 54 YEARS
AGED 54 YEARS, READER, DEPARTMENT OF SURGERY,
W/O VENUGOPAL V.S., KISHNA KRIPA, TC 21/2127,
GSSNRA 20A, SANTWANA JUNCTION, PERROORKADA,
P.O.AMBALAMUKKU,THIRUVANANTHAPURAM, PIN - 695005
4 DR.DARSANA BALAKRISHNAN
AGED 50 YEARS, READER, DEPARTMENT OF COMMUNITY
MEDICINE, W/O ANIL KUMAR T, 1EW, SHIRDHI TOWERS,
MUKKOLAKKAL P.O., THIRUVANANTHAPURAM, PIN - 695043
5 DR.LEBA MARY JOSHUA
AGED 46 YEARS, READER, DEPARTMENT OF ORGANON OF
MEDICINE, W/O ARUNKUMAR K.V., MAKKVILAYIL HOUSE,
TRA 102, THEKUMOODU VANCHIYOOR P.O., PIN - 695032
6 DR.THARA P
AGED 46 YEARS, READER, DEPARTMENT OF PHYSIOLOGY AND
BIOCHEMISTRY, W/O DR.P.R.SAIJI, SREEKRISHNA AYYAPPA
NAGAR, INCHI VILA, PARASSALA P.O.,
THIRUVANANTHAPURAM, PIN - 695502
7 THE KERALA UNIVERSITY OF HEALTH SCIENCES
MEDICAL COLLEGE P.O., THRISSUR-680 596,
REPRESENTED BY ITS REGISTRAR,
8 THE MANAGER
SREE VIDHYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE,
NEMOM, THIRUVANANTHAPRUAM, PIN - 695009
BY ADVS.
SHRI.SAJEEV KUMAR K.GOPAL
SHRI.ELVIN PETER P.J. (SR.)
SHRI.P.SREEKUMAR (SR.), SC, KUHS
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23.03.2026,
ALONG WITH WA.2442/2025 AND CONNECTED CASES, THE COURT ON
08.04.2026 DELIVERED THE FOLLOWING:
W.A.No.2442 of 2025 & Conn. Cases 23 2026:KER:29913
JUDGMENT
[WA Nos.2442, 2543, 2564, 2568, 2591, 2601, 2602,
2609 2631 & 2644 of 2025 and 484 of 2026]
Muralee Krishna S., J.
The issue involved in all these writ appeals is on a narrow
compass as to whether, after suffering a judgment and passing of
a consequent Government Order in compliance with the directions
in that judgment, the State and its officials can take a stand as to
the said Government Order cannot be acted upon, as it was passed
by one department of the Government without the concurrence of
another Department?
2. All these writ appeals are preferred under Section 5(i)
of the Kerala High Court Act, 1958, by the State and its officials,
challenging the common judgment dated 14.03.2025 passed by
the learned Single Judge in the respective writ petitions. Since the
point to be decided in these writ appeals is the same, they are
heard together and are being disposed of by this common
judgment. For convenience of reference, the parties and
documents are referred to in this judgment as they are referred
to in the impugned common judgment dated 14.03.2025.
3. The writ petitioners in all these cases are qualified
W.A.No.2442 of 2025 & Conn. Cases 24 2026:KER:29913
Homeopathic Medical Practitioners working as teaching faculty
under various capacities in different departments of the 5th
respondent Homeopathic Medical College. Initially, the 5 th
respondent was a private unaided medical college. It was brought
under the direct payment system on 01.09.2002 on execution of
an agreement between the State and the Management on
21.06.2003. The appointment of the respective petitioners was
not approved by the Government, and they were not brought
under the direct payment system. The issue relating to the
sanction of post, approval of appointments, and payment of salary
were taken up before the Government and 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 other stakeholders, including the
representatives of the Manager and teaching and non-teaching
faculties.
3.1. In the meeting held on 31.10.2011, a resolution was
passed to follow the staff pattern under the regulations issued by
W.A.No.2442 of 2025 & Conn. Cases 25 2026:KER:29913
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. Later, on 14.02.2013, another meeting
was convened by the Chief Minister, and it was resolved to
disburse the salary with immediate effect. The true copy of the
minutes of the meeting held on 14.02.2013 is produced as Ext.P3
in W.P.(C)No.11018 of 2019. Even then, the decision taken in that
meeting was not implemented. Therefore, the teaching and non-
teaching staff of the 5th respondent college approached this Court
by filing W.P.(C)No.18669 of 2006 and connected writ petitions.
By the common judgment dated 13.03.2015, which is produced
as Ext.P4 in W.P.(C)No.11018 of 2019, this Court disposed of
those writ petitions, wherein it was recorded that the Central
Council for Homeopathic Regulation would govern the institution.
Upon recording the undertaking by the learned Government
Pleader that if a proposal is forwarded, the Government would
abide by the decision taken in the meeting, the learned Single
Judge issued certain directions in that judgment. The directions in
Ext.P4 judgment, which was extracted in the impugned judgment
of the learned Single Judge, read thus:
"I. The manager shall send the proposal to workout decision
W.A.No.2442 of 2025 & Conn. Cases 26 2026:KER:29913
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 appointment of those
petitioners within three months. VII. The entire arrears and
monetary benefits shall be released without any delay."
3.2 Though the Government went in an appeal against
Ext.P4 common judgment, the Division Bench of this Court
dismissed those appeals, confirming the judgment of the learned
Single Judge. The Special Leave Petition filed by the Government
before the Apex Court against the Division Bench Judgment also
ended in dismissal by the order dated 16.08.2016.
3.3. After the dismissal of the Special Leave Petition by the
Apex Court, the Government issued Ext.P5 order dated
W.A.No.2442 of 2025 & Conn. Cases 27 2026:KER:29913
24.09.2016 bearing G.O.(Rt.)No.473/2016/Ayush/2016,
sanctioning the staff pattern in accordance with the Central
Council of Homeopathic Regulations, 1983 and 2002. On the basis
of the aforesaid decision of the Government and Ext.P4 judgment
of this Court, the 4th respondent university considered the issue
and finally decided to approve the appointments/promotions made
by the 5th respondent college. The order dated 04.08.2018 issued
by the 4th respondent university, along with the relevant extracts
of the appendix was produced as Ext.P6 in W.P.(C)No.11018 of
2019.
3.4. In Ext.P5 Government Order, it is clarified that the
teaching and non-teaching staff appointed up to 10.09.2002 will
be governed by the 1983 regulations, and those appointed after
11.09.2002 will be governed by the regulations of the Central
Council of Homeopathic Medicine, 2002. Further, the Manager was
directed to forward the proposal for the appointment of qualified
individuals to the Kerala University of Health Sciences for approval
and after due scrutiny of the qualifications in accordance with the
Central Council of Homeopathic guidelines within the stipulated
period of three months. In the light of the directions in Ext.P5, the
W.A.No.2442 of 2025 & Conn. Cases 28 2026:KER:29913
governing council of the university verified the proposal forwarded
by the Manager and also scrutinised 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 the approved appointments are available in Ext.P6 order
dated 04.08.2018 issued by the University.
3.5. Though the Government, vide Ext.P5 order, approved
the staff pattern and the university thereafter approved the
appointments by Ext.P6, the salary and arrears due to the
petitioners were not sanctioned and disbursed. Being aggrieved
by the non-action on the part of the Government for sanctioning
the pay and other benefits consequent to Ext.P4 judgment, Ext.P5
order dated 24.09.2016 of the Homeo Medical Education
Department and Ext.P6 order dated 04.08.2018 of the 4 th
respondent University, the respective petitioners filed the writ
petitions under Article 226 of the Constitution of India, seeking a
writ of mandamus commanding the competent among the
respondents to pay salary to them from the respective dates as
mentioned in the writ petitions and issue a writ of mandamus
commanding the competent among the respondents to quantify
W.A.No.2442 of 2025 & Conn. Cases 29 2026:KER:29913
the benefits other than salary due to the petitioners with effect
from the dates mentioned in the respective writ petitions and pay
the amount within the time limit fixed by this Court.
4. The respondents filed counter affidavits in the
respective writ petitions, contending that Ext.P5 order lacks
consultation or ratification by the finance department of the
Government and therefore, the said order is void. In support of
the said contention, the respondents relied on Rule 10(1) of the
Rules of Business of the Government of Kerala, which states that
no department shall without previous consultation with the finance
department authorise 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.
5. The learned Single Judge considered the rival
contentions raised by the parties to the respective writ petitions
and, by the detailed judgment dated 14.03.2025, allowed the writ
petitions as mentioned above. The learned Single Judge found that
after suffering Ext.P4 judgment, which attained finality, by the
dismissal of the Special Leave to appeal by the Apex Court, and
W.A.No.2442 of 2025 & Conn. Cases 30 2026:KER:29913
passing of Ext.P5 Government Order, the Government is estopped
from raising any objection in implementing that Government
Order. It was found by the learned Single Judge that if the
Government is of the opinion that Ext.P5 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.
6. Being aggrieved by the aforesaid finding in the
impugned judgment and allowing of the writ petitions, the
appellants filed the present writ appeals.
7. Heard the learned Special Government Pleader for the
appellants and the respective Senior Counsel/counsel for the party
respondents.
8. We have appreciated the rival arguments addressed at
the Bar and perused the materials placed on record. We have also
carefully gone through the impugned judgment of the learned
Single Judge. Though during the course of arguments, the learned
Special Government Pleader pointed out various judgments
claiming them as in favour of the contentions of the appellants, to
argue that Ext.P5 Government Order is void since it was passed
W.A.No.2442 of 2025 & Conn. Cases 31 2026:KER:29913
without the concurrence of the Finance Department, we notice
that those judgments are found as not applicable to the facts of
the instant case in the impugned judgment of the learned Single
Judge.
9. As rightly found by the learned Single Judge, Ext.P4
judgment of the learned Single Judge of this Court dated
13.03.2015 in W.P.(C)No.18669 of 2006 and connected matters
attained finality by the dismissal of the writ appeal and the Special
Leave to appeal filed by the State and its officials against those
judgments. It is in pursuance of the direction in Ext.P4 judgment,
Ext.P5 order dated 24.09.2016 has been passed by the
Government. Ext.P5 is an order passed by the Governor of the
State. As held by the learned Single Judge, after the passing of
the said order, if the Government was of the view that the said
order is one that ought not have been passed, then the remedy
available to the appellants was to take steps to cancel that order
in accordance with law, if possible. But no such steps have been
taken by the Government till date, and instead has taken a strange
stand in the writ petitions that Ext.P5 order passed by the
Government is bad or void in view of Rule 10(1) and Rule 26 of
W.A.No.2442 of 2025 & Conn. Cases 32 2026:KER:29913
the Rules of Business of the Government of Kerala.
10. When Ext.P4 judgment has attained finality, it is the
duty of the Government to implement the directions in that
judgment. But instead of doing the same, even after passing
Ext.P5 order with a view to implement the directions in Ext.P4
judgment and the approval of the proposal for appointment of 43
teaching staff by Ext.P6 order of the university, the Government
is now taking a strange contention that Ext.P5 is a void order,
which has no legs to stand. In such circumstances, we are of the
considered opinion that there is no illegality or impropriety in the
impugned judgment of the learned Single Judge. Therefore, these
writ appeals are liable to be dismissed.
In the result, these writ appeals stand dismissed.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S., JUDGE
nak
W.A.No.2442 of 2025 & Conn. Cases 33 2026:KER:29913
APPENDIX OF WA NO. 2543 OF 2025
RESPONDENT EXHIBITS
Exhibit R1(a) A TRUE COPY OF THE JUDGMENT IN W.A NO.
2498/2015 DATED 01.03.2016
Exhibit R1(b) A TRUE COPY OF THE JUDGMENT IN W.A NO.
1614/2021 DATED 21.12.2021
Exhibit R1(c) A TRUE COPY OF THE JUDGMENT IN W.A NO.
1574/2022 DATED 8-12-2022
