2025:KER:29561 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 27471 OF 2023 PETITIONERS: 1 DR.SANTHINI.R, AGED 55 YEARS W/O DR. RAMARAJAN, SREE RAGAM, CHOTTANIKKARA. P.O., PROFESSOR, DEPT.OF CASE TAKING AND REPERTORISTION, DR.PADIAR MEMORIAL HOMOEOPATHIC MEDICAL COLLEGE, CHOTTANIKKARA, ERNAKULAM., PIN - 682306 2 DR.SREELAL.C, AGED 57 YEARS S/O K.CHITHRAN, ANNAPOORNA, KANNANKULANGARA, TRIPPUNITHURA.P.O., READER, DEPT.OF CASE TAKING AND REPERTORISTION, DR.PADIAR MEMORIAL HOMOEOPATHIC MEDICAL COLLEGE, CHOTTANIKKARA P.O., PIN - 682301 BY ADV SAJEEV KUMAR K.GOPAL RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT, AYUSH (B) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2025:KER:29561 WP(C) No.27471 of 2023 2 2 THE PRINCIPAL AND CONTROLLING OFFICER GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE,THIRUVANANTHAPURAM, PIN - 695001 3 THE KERALA UNIVERSITY OF HEALTH SCIENCES MEDICAL COLLEGE.P.O. THRISSUR, KERALA, REPRESENTED BY ITS REGISTRAR., PIN - 680596 4 DR. PADIYAR MEMORIAL HOMOEOPATHIC MEDICAL COLLEGE, CHOTTANIKKARA.P.O. ERNAKULAM, REPRESENTED BY THE PRINCIPAL., PIN - 682306 BY ADVS. SRI. P.SREEKUMAR SMT. R.RANJANIE SRI. TONY AUGUSTINE, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29561 WP(C) No.27471 of 2023 3 JUDGMENT Dated this the 4th day of April, 2025 The petitioners 1 and 2, who are working as Reader and Lecturer respectively in the Department of Case Taking and Repertorisation of the 4th respondent-College, have filed this writ petition seeking the following reliefs: (i) Issue a writ of certiorari or other appropriate Writ, direction or Orders, calling for the records leading to Ext.P5 and quash the same (ii) issue a writ of mandamus or other appropriate Writ, direction or Orders, directing the 3rd respondent to grant approval for the promotion of the petitioners effected by the management in accordance with Exts.P3 & P4 without taking into account of Ext.P6 order issued by the Govt. insisting Academic Performance Index. (iii) Declare that Ext.P6 is not applicable to the promotion of the petitioners and their promotions are governed by the provisions of the Central Council for Homeopathy (Minimum Standard of Education) Regulation 1983 and that of the provisions of Kerala University of Health Sciences Act, 2010. 2. Standing Counsel for the University would submit that as per Ext.P7 order dated 20.04.2024, their 2025:KER:29561 WP(C) No.27471 of 2023 4 appointment as Reader and Lecturer respectively has already been approved and now it is for the Government to pass consequential orders. 3. I have heard the learned counsel for the petitioners, the learned Government Pleader representing respondents 1 and 2 and the respective learned Standing Counsel appearing for respondents 3 and 4. 4. Taking into consideration Ext.P7 order dated 20.04.2024 passed by the Kerala University of Health Sciences, I am of the view that the 2nd respondent has to pass a consequential order now on grant of approval to the appointment of the petitioners. The writ petition is therefore disposed of directing the 2nd respondent to consider approval of the appointment granted to petitioners 1 and 2 as Reader and Lecturer respectively in the light of Ext.P7 order passed by the Kerala 2025:KER:29561 WP(C) No.27471 of 2023 5 University of Health Sciences. Orders in this regard shall be passed within a period of two months. Sd/- N.NAGARESH JUDGE spk 2025:KER:29561 WP(C) No.27471 of 2023 6 APPENDIX OF WP(C) 27471/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PORTION OF 1983 REGULATION DEALING WITH THE QUALIFICATION FOR TEACHING STAFF OF HOMOEOPATHIC MEDICAL COLLEGE Exhibit P2 TRUE COPY OF THE ORDER DATED 11-02- 2016 VIDE NO.1179/ACH/KUHS/2015 Exhibit P3 TRUE COPY OF THE ORDER ISSUED BY THE SECRETARY OF THE 4TH RESPONDENT COLLEGE VIDE ORDER NO. DPMHMC/58/AO/2020-21 DATED 24-11-2020 THEREBY THE 1ST PETITIONER WAS PROMOTED AS PROFESSOR Exhibit P4 TRUE COPY OF THE ORDER ISSUED BY THE SECRETARY OF THE 4TH RESPONDENT COLLEGE VIDE ORDER NO. DPMHMC/59/AO/2020-21 DATED 24-11-2020 THEREBY THE 1ST PETITIONER WAS PROMOTED AS READER Exhibit P5 TRUE COPY OF THE ORDER NO.13858/2019/AC1/AYUSH/A3/KUHS DATED 08-04-2023 ISSUED BY THE REGISTRAR OF THE 3RD RESPONDENT TO THE PRINCIPAL OF THE COLLEGE Exhibit P6 TRUE COPY OF THE G.O.(MS) NO. 37/2018/AYUSH DATED 21-12-2018 ISSUED BY THE PRINCIPAL SECRETARY TO GOVT. AYUSH DEPARTMENT APPROVING THE GUIDELINES FOR PERFORMANCE BASED APPRAISED SYSTEM FOR CAREER ADVANCING 2025:KER:29561 WP(C) No.27471 of 2023 7 SCHEME FOR PROMOTION UNDER GOVT./AIDED HOMOEOPATHIC MEDICAL COLLEGE Exhibit P7 TRUE COPY OF THE ORDER VIDE UO NO.438/2024/ACADEMIC/KUHS DATED 20-04- 2024 PASSED BY THE UNIVERSITY