Dismissed
Dr.K.P.Swaroop Kumar v. State of Kerala
Kerala HCWP(C)/18928/2012
Case brief
from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT: THE…
What the court decided
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
TUESDAY, THE 16TH DAY OF OCTOBER 2012/24TH ASWINA 1934
WP(C).No. 18928 of 2012 (M)
PETITIONER(S):
DR.K.P.SWAROOP KUMAR, AGED 43 YEARS, S/O.K.P.SADANANDAN, TUTOR, DR.PADIAR MEMORIAL HOMOEOPATHIC MEDICAL COLLEGE, CHOTTANIKKARA.
BY ADVS.SRI.C.HARIKUMAR
SMT.C.B.ANUROOPA SRI.VIPIN VARGHESE
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. DR.PADIAR MEMORIAL HOMEOPATHIC MEDICAL COLLEGE, REPRESENTED BY THE SECRETARY, BOARD OF TRUSTEES, CHOTTANIKKARA - 682 312.
3. CONTROLLING OFFICER, GOVERNMENT HOMOEO COLLEGE, THIRUVANANTHAPURAM - 695 001.
4. PRINCIPAL, DR.PADIAR MEMORIAL HOMOEOPATHIC MEDICAL COLLEGE, REPRESENTED BY THE SECRETARY, BOARD OF TRUSTEES, CHOTTANIKKARA - 682 312.
R2 & R4 BY ADV. SMT.R.RANJINI
R1 BY ADV.SMT.K.A.LOWSY, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DG
WP(C).No. 18928 of 2012 (M)
APPENDIX
PETITIONER(S) EXHIBITS:
| EXT.P1 | COPY OF THE APPOINTMENT ORDER DATED 27/12/1998 ISSUED BY THE SECOND RESPONDENT. |
|---|---|
| EXT.P2 | COPY OF THE APPOINTMENT ORDER DATED 27/12/1998 ISSUED BY THE SECOND RESPONDENT. |
| EXT.P3 | COPY OF THE PROCEEDINGS OF THE SECOND RESPONDENT COLLEGE DATED 24/1/2000. |
| EXT.P4 | COPY OF THE REPRESENTATION DATED 6/5/2000 PREFERRED BY THE SECRETARY OF THE TEACHERS ASSOCIATION, DR.PADIAR MEMORIAL HOMOEOPATHIC MEDICAL COLLEGE, CHOTTANIKKARA. |
| EXT.P5 | COPY OF THE GOVERNMENT ORDER G.O.(MS) NO.99/02/H&FWD DATED 25/4/2002. |
| EXT.P6 | COPY OF THE ANNEXURE C REGULATIONS 7(III) AND 7(2) MADE BY THE CENTRAL COUNCIL OF HOMOEOPATHY. |
| EXT.P7 | COPY OF THE GOVERNMENT ORDER G.O.(MS) NO.135/2011/H&FWD DATED 26/2/2011. |
| EXT.P8 | COPY OF THE COMMUNICATION DATED 10/2/2009. |
| EXT.P9 | COPY OF THE CIRCULAR NO.1/2011 DATED 19/3/2011 ISSUED BY THE SECOND RESPONDENT. |
| EXT.P10 | COPY OF THE RELEVANT PAGES OF THE GOVERNMENT ORDER G.O.(MS) NO. 346/2008/H&FWD DATED 9/7/2008. |
| EXT.P11 | COPY OF THE ORDER OF THE UNIVERSITY OF KERALA DATED 16/4/2010. |
| EXT.P12 | COPY OF THE LETTER DATED 13/2/2008 THE THIRD RESPONDENT. |
| EXT.P13 | COPY OF THE OFFICE CIRCULAR NO.60DPMHMC/2008-09 DATED 20/10/2008. |
| EXT.P14 | COPY OF THE REPRESENTATION DATED 6/8/2012 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT. |
RESPONDENTS' EXHIBITS - NIL
//TRUE COPY//
P.A TO JUDGE
DG
P.R.RAMACHANDRA MENON, J.
W.P.(C) NO. 18928 of 2012 (M)
Dated this the 16th day of October, 2012
JUDGMENT
The petitioner has approached this Court with the following
prayers :-
i) a writ in the nature of certiorari and calling for the records relating to Ext.P9 and quash the same;
3 to issue orders creating the department as per regulations of the Central Council of Homoeopathy and to provide an opportunity to the teaching staff to exercise option to the various specialization to the teachers and fill up the posts based on seniority in the Department;
iii) such other and further reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case;
The learned standing counsel for the 2nd and 4th respondents submits that, in view of G.O.(Ms) 270/2012 dated 14.08.2012 issued subsequent to the filing of the writ petition, nothing further requires to be considered in this writ petition. It is also pointed out that, the said G.O. however has been subjected to challenge in three writ petitions, which are pending consideration as W.P.
W.P.(C) NO. 18928 of 2012 (M)
2
This writ petition is closed in terms of the G.O dated 14.08.2012, however without prejudice to the rights and liberties of the affected parties, if any.
sd/- P.R.RAMACHANDRA MENON, JUDGE
AMV
3
W.P.(C) NO. 18928 of 2012 (M)
W.P.(C) NO. 18928 of 2012 (M)
4
1 issue framed by the court
Whether to recall a closed writ petition praying for quashing of a circular and directing creation of a department.
Dr. K.P. Swaroop Kumar
State of Kerala
Dr. Padiar Memorial Homoeopathic Medical College
Controlling Officer, Government Homoeo College
Principal, Dr. Padiar Memorial Homoeopathic Medical College
P.R. Ramachandra Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court