Dismissed

S.K.Umadhathakumar v. State of Kerala and Others

Kerala HC12 Oct 2009WP(C)/19968/2009

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a writ petition filed by a terminated Homoeopathy diploma holder. The petitioner challenged his service termination based on a High Court view that diplomas were insufficient. Upholding the service provider's right to prescribe qualifications for non-civil service contractual posts, the court dismissed the petition.

What the court decided

AI extract

S.K.Umadhathakumar Vs State of Kerala and Others — Education and Admissions | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.GIRI

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MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931

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WP(C).No. 19968 of 2009(M)

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--------------------------

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PETITIONER:

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------------------

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S.K.UMADHATHAKUMAR, AGED 40 YEARS, S/O.K.G.KESHAVAGANAGAN, 'VRINDHAVAN' SOUTH BAZAR, KANNUR WORKING AS MEDICAL OFFICER, GHD MADAI, KANNUR (TERMINATED FROM SERVICE)

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BY ADV. MR. SUNIL NAIR PALAKKAT MR. K.N.ABHILASH MR. JIMMY.N.JOSEPH SMT. R.LEELA

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RESPONDENTS:

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---------------------

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1. STATE OF KERALA REP. BY THE SECRETARY TO GOVT.OF KERALA, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM,.

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2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM.

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3. THE STATE MISSION DIRECTOR, NATIONAL RURAL HEALTH MISSION, DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM,

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4. DISTRICT MEDICAL OFFICER(HOMOEOPATHY) KANNUR DIST.

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R1, R2 & R4 BY GOVERNMENT PLEADER MR. ANTONY MUKHATH R3 BY MR. M.AJAY, SC, NATIONAL RURAL HEALTH MISSION

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 19968 of 2009(M)

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APPENDIX

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PETITIONER'S EXHIBITS:

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P1: COPY OF THE TERMINATION ORDER DATED 10.07.2009 ISSUED BY THE 4TH RESPONDENT.

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P2: COPY OF THE CERTIFICATION DATED 18.01.1998 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT.

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P3: COPY OF THE ORDER DATED 22.12.2008 ISSUED BY THE 2ND RESPONDENT.

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P4: COPY OF THE COMMUNICATION DATED 30.06.2009 ISSUED BY THE 3RD RESPONDENT.

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P5: COPY OF THE CONTRACT DATED 22.12.2008 BETWEEN THE PETITIONER AND 3RD RESPONDENT.

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P6: COPY OF THE ORDER DATED 03.04.2008 IN W.P.(C).NO.6097/2008 OF THIS HON'BLE COURT.

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P7: COPY OF THE NOTIFICATION DATED 28.03.2007 ISSUED BY THE PSC, KERALA.

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RESPONDENTS' EXHIBITS AND ANNEXURES:

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ANNEXURE I: COPY OF THE G.O.(MS).NO.105/95/H&PWD DATED 22.04.1995. ANNEXURE 11: COPY OF THE JUDGMENT DATED 18.07.2008 IN WP(C).21092/08. ANNEXURE III: COPY OF THE JUDGMENT DATED 29.07.2009 IN W.A.1655/09.

// TRUE COPY //

P.A. TO JUDGE

kkms/

V.GIRI, J.

= = = = = = = = = = = = = = == = = = = = = W.P.(C). No. 19968 OF 2009

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= = = = = = = = = = = = = == = = = = = = =

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Dated this the 12^th day of October 2009.

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JUDGMENT

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Petitioner is a diploma holder in Homoeopathy, having acquired the qualification in the year 1994 as evidenced by Ext.P2. The 3^rd respondent invited applications from eligible persons for appointment to the post of Homoeo Medical Officer. Petitioner applied, among others, and he was appointed as per Ext.P3 on a contractual basis. Ext.P5 is the contract between the petitioner and the National Rural Health Mission (NRHM) and the contractual period was fixed as three months.

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It seems that an issue, as to whether diplomates in Homoeopathy are also entitled to be treated as qualified for the post of Homoeo Medical Officer in the National Rural Health Mission, came to be considered by this Court in Ext.P6 judgment. Ext.P6 was on a writ petition filed by an unsuccessful applicant, a degree holder in Homoeopathy, who did not secure a berth in the select list drawn up by the National Rural Health Mission.

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The NRHM filed a statement affirming that in the advertisements Ayurveda and Medical Graduation was stipulated

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W.P.(C). No. 19968 OF 2009

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as the qualification for appointment in various districts under NRHM on a contractual basis. A Diploma secured, prior to the date of enforcement of the Central Regulations, namely, the Homoeopathy (Diploma Course) Regulations, 1983 and included in the Second Schedule to the Homoeopathy Central Council Act 1973, was directed to be treated as equivalent to a degree by an order issued by the State Government as evidenced by Annexure-1 dated 22.04.1995. But diplomas procured after the said date cannot be treated as equivalent to a degree. This contention was accepted. The persons holding only a Diploma were excluded from the list drawn up by the NRHM.

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The issue again came to be considered by this Court in Writ Petition No. 21092/2008 and it seems that the view was followed in W.P.(C).No.17552/2009. The latter judgment was taken in appeal in W.A.No.1655/2009 and the Division Bench also took the same view.

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The net result is that the stand taken by the National Rural Health Mission, that Diploma Holders are not considered as eligible or qualified for appointment as Medical Officers in

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W.P.(C). No. 19968 OF 2009

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Homoeopathy or Ayurveda, on a contract basis, has been upheld by this Court.

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The petitioner came to be aggrieved by Exts. P1 and P4 orders wherein his service were directed to be terminated. It is contended that the order of termination of service proceeds on the premise that the High Court had held that diploma is not a sufficient qualification for the post of Medical Officer and that this is wrong.

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It is true that this Court in the judgment in W.P.(C). No.6097/2008 did not consider the adequacy of diploma as a qualification for the post in question. But in a subsequent judgment, the issue has been considered and the stand taken by the NRHM has been upheld as well.

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A copy of the notification issued by NRHM inviting applications for the post of Homoeo Medical Officer and Ayurveda Medical Officer has been placed before me. They specifically refer to Ayurveda and Homoeo Medical Graduates.

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In these circumstances, I am unable to find any error in the stand taken by the respondents.

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W.P.(C). No. 19968 OF 2009

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It is to be noted that the post in question is not a part of the regular Civil Service. It is perfectly competent for the NRHM to prescribe the qualification for the post. They seem to insist on Graduation in Ayurveda or Homoeopathy as the case may be. They are entitled to do so.

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Writ petition is bereft of merit and hence dismissed.

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( V.GIRI ) JUDGE

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kkms/

S.K.Umadhathakumar v. State of Kerala and Others

Case brief

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S.K.Umadhathakumar v. State of Kerala and Others

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