IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1655 of 2009()
1. DR.RAMASWAMY P.S.,
... Petitioner
2. DR.R.BINDU, W/O.DR.RAMASWAMY,
3. DR.PRASANNKUMARI,
Vs
1. STATE OF KERALA, REP.BY SECRETARY
... Respondent
2. THE DIRECTOR OF HEALTH SERVICES,
3. THE STATE MISSION DIRECTOR,
4. THE CENTRAL COUNCIL OF HOMOEOPATHY
5. THE SECRETARY TO GOVERNMENT OF INDIA,
6. DIRECTOR OF HOMOEOPATHY,
For Petitioner :SRI.J.JAYAKUMAR
For Respondent :SRI.M.AJAY,SC,NATIONAL RURAL HEALTH MIS
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :29/07/2009
O R D E R
K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ.
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W.A. No.1655 of 2009
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Dated this, the 29th day of July, 2009
JUDGMENT
Balakrishnan Nair, J.
The appellants are the writ petitioners. They are
Holders of Diploma in Homoeopathy, obtained after 1983, but
before the introduction of Four Year Degree Course in the
Universities in Kerala in 1990. Now the State Mission Director,
Arogyakeralam has invited applications for appointment of
Homoeo Medical Graduates in various Districts on contract
basis. Ext.P8 is the notification issued in this regard. Since
they are diploma holders, they are ineligible to apply. But the
appellants pointed out that, the Government, as per G.O.(Ms)
No.105/95/H&FWD dated 22.4.1995 have declared that, the
Diploma obtained after four years study in Homoeopathy before
the enforcement of Homoeopathy (Diploma Course) Regulations,
1983 will be treated as equivalent to Degree in Homoeopathy.
The appellants submitted that they should be treated as
beneficiaries of that Government order, because they underwent
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the Diploma Course in the State of Kerala before the four year
degree course was introduced here. The circumstances which
led to the issuance of the above-mentioned Government Order
dated 22.4.1995, will apply to them also, it is submitted.
2. We do not find that the appellants have
challenged the Government Order dated 22.4.1995 in the writ
petition, on the ground of non-inclusion of diploma holders, who
obtained diploma before the introduction of four year degree
course in Homoeopathy or other similar grounds. As long as the
said Government Order is in force, only those Diploma Holders
who have undergone the course of study in Homoeopathy of
four years prior to the enforcement of Homoeopathy (Diploma
Course) Regulations, 1983 can be treated as Degree Holders in
Homoeopathy. Since the case of the appellants is not covered
by the Government Order dated 22.4.1995, , they cannot be
treated as degree holders. In the absence of any legal right
flowing from any statute, or any order, the appellants cannot
get any of the reliefs prayed for in the writ petition. So, we
W.A. No.1655 of 2009
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find nothing wrong in the judgment under appeal.
In the result, the writ appeal fails and it is dismissed.
Sd/-
K. Balakrishnan Nair,
Judge.
Sd/-
C.T. Ravikumar,
Judge.
DK.
(True copy)