Dismissed

Dr.Gopu Sankar.M v. State of Kerala and Others

Kerala HC17 Nov 2012WP(C)/404/2010

Case brief

AI extract

What is this about?

The petitioner, a BHMS PG holder, challenged his rejection for the post of Tutor in a Homoeo Medical College in favor of a less-qualified interviewee. The court held that while PG holders are preferred, the interview board's discretion to select based on marks and subject relevance prevails, dismissing the petition.

What did the court decide?

The writ petition seeking interference with the appointment of the 7th respondent was dismissed.

Dr.Gopu Sankar.M Vs State of Kerala and Others — Education and Admissions | Kerala HC (2012)

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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 A.M. SHAFFIQUE

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SATURDAY, THE 17TH DAY OF NOVEMBER 2012/26TH KARTHIKA 1934

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WP(C). No. 404 of 2010 (A)

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PETITIONER:

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DR.GOPU SANKAR. M, AGED 30 YEARS, S/O. DR. B. SIVASANKARAN NAIR "MANIMANGALATH-NANDANAM", KANAKAVEL GARDENS MUNICIPAL OFFICE WARD, ALAPPUZHA-688 001.

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BY ADVS. SRI. K. SHRIHARI RAO

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SMT. N. SHOBHA

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RESPONDENTS:

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1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT SECRETARIAT, TRIVANDRUM.

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2. THE CONTROLLING OFFICER, GOVERNMENT HOMOEO MEDICAL COLLEGE, IRANIMUTTAM MANACADU, TRIVANDRUM.

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3. THE M.G. UNIVERSITY REPRESENTED

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BY ITS REGISTRAR, KOTTAYAM-686 560.

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4. THE CHAIRMAN, ATHURASRAMAM NSS HOMOEO MEDICAL COLLEGE, ADMINISTRATIVE OFFICE N.S.S. HEAD OFFICE, PERUNNAI P.O., CHANGANASSERY-2 KOTTAYAM DISTRICT.

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5. THE PRINCIPAL, ATHURASRAMAM NSS HOMOEO MEDICAL COLLEGE S.PURAM P.O., KOTTAYAM-686 532.

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6. THE UNIVERSITY GRANTS COMMISSION, REPRESENTED BY ITS SECRETARY, BAHADUR SHAH ZAFAR MARG, NEW DELHI-110 002.

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7. DR. RAJESH. R., TUTOR, PATHOLOGY DEPARTMENT, ATHURASRAMAM NSS HOMOEO MEDICAL COLLEGE, KURICHI, S. PURAM P.O. KOTTAYAM-, 686 532, RESIDING AT KULATHIKARA HOUSE NEAR, RAILWAY STATION, THITTAMEL CHENGANNUR P.O., ALAPPUZHA-689 121.

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R3 BY ADVS. SRI. VARUGHESE M. EASO, SC, M.G. UNIVERSITY BY SRI. VIVEK VARGHESE P.J., SC, M.G. UNIVERSITY BY SRI. T.A. SHAJI, SC, M.G.UNIVERSITY R4&5 BY ADVS. SRI. S.P. ARAVINDAKSHAN PILLAY SMT. N. SANTHA R6 BY ADV. SRI. S. KRISHNAMOORTHY, CGC R7 BY ADV. SRI. K. SASIKUMAR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C). No. 404 of 2010 (A)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXT. P1	-	COPY OF THE BHMS DEGREE CERTIFICATE OF THE PETITIONER.
EXT. P2	-	COPY OF THE RANK CERTIFICATE IN BHMS DEGREE OF THE PETITIONER.
EXT. P3	-	COPY OF THE MARKS CARD IN BHMS DEGREE OF THE PETITIONER.
EXT. P4	-	COPY OF THE PROVISIONAL CERTIFICATE IN POST GRADUATE DEGREE OF THE PETITIONER.
EXT. P5	-	COPY OF THE REGISTRATION CERTIFICATE.
EXT. P6	-	COPY OF THE REGISTRATION CERTIFICATE.
EXT. P7	-	COPY OF THE MEMO OF THE 4TH RESPONDENT.
EXT. P8	-	COPY OF THE ORDER ISSUED IN THE NAME OF THE 7TH RESPONDENT BY THE 4TH RESPONDENT.
EXT. P9	-	COPY OF THE ADVERTISEMENT APPEARED IN THE MATHRUBHUMI MALAYALAM DAILY DATED 06.07.2012.

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RESPONDENTS' EXHIBITS:-

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EXT. R4(A)	-	COPY OF THE AGREEMENT WITH THE GOVERNOR OF KERALA.
EXT. R4(B)	-	COPY OF THE G.O. (RT) NO. 2367/2009/H&FWD DATED 17.08.2009.
EXT. R4(C)	-	COPY OF THE LETTER NO.14-10/2007-CCH-7945 DATED 22.08.2008 OF THE ASSISTANT SECRETARY (TECH.) OF THE CENTRAL COUNCIL OF HOMOEOPATHY.
EXT. R7(A)	-	COPY OF THE REGISTRATION CERTIFICATE DATED 18.08.1993 ISSUED BY THE REGISTRAR OF THE COUNCIL.
EXT. R7(B)	-	COPY OF THE GO(RT) NO.2367/2009/H&FWD.

//TRUE COPY//

P.A. TO JUDGE

A.M.SHAFFIQUE, J.

W.P.(C) No. 404 of 2010 - A

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--------------------------------------------------Dated this the 17^th November, 2012

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J U D G M E N T

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The petitioner is a post-graduate in Homeopathy applied for the post of Tutor in the 4^th respondent college. After conducting the interview, the 7^th respondent was appointed as Tutor.

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According to the petitioner as per the Kerala State Homeopathic Medical College Service Rules, 2001, a post graduate degree holders should be given preference to that of a degree holder. The relevant rule reads as under:

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“(1) BHMS Degree acquired after a regular course of study from a University in Kerala or Bachelors Degree in Homoeopathy from any other recognized University.

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(2) Permanent Registration under Homoeopathic Medical Council

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Note:- A Post Graduate Degree in the subject concerned from any of the Universities recognized by the Universities in Kerala as equivalent thereto will be treated as preferential qualifications”.

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W.P.(C) No. 404 of 2010 - A

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Apparently, the BHMS degree acquired after a regular course of study from University of Kerala or a Bachelors Degree in Homoeopathy from any recognized University alone is sufficient for the said post. The Note indicates that the post graduate degree in the “subject concerned” from any of the University will be treated as preferential qualifications. The petitioner further relies upon another Note (i)(a) in the said Rules which reads as under:

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“In the subjects where no P.G. Degree is offered persons with Bachelors Degree in Homoeopathy or in the absence of degree holders, persons with diploma with diploma awarded by National Institute of Homoeopathy , Calcutta with 3 years teaching experience in the concerned subject could be considered eligible for promotion. External P.G. is also acceptable provided three years class attendance is the minimum requirement for the P. G. as in Kerala.

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(b) Only P.G. holders will be eligible for AICTE scale of pay irrespective of the Department to which they belong. Non P.Gs. will be entitled to State scales only.”

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W.P.(C) No. 404 of 2010 - A

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Learned counsel for the petitioner also relies upon the Rules made by the Central Council for Homoeopathy in relation to the essential qualification of Lecturer which indicates that post graduate qualification in Homoeopathy or a degree in Homoeopathy with four years of provisional experience etc. are deemed to be an essential qualification.

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Looking at the above provisions, it is clear that a degree in Homoeopathy in BHMS is the essential qualification and the post graduate degree holder is only preferred.

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Admittedly an interview had been conducted and that the interview Board had chosen the 7^th respondent, he having obtained 49.8 marks as against 48 marks obtained by the petitioner. Therefore, merely because the Note indicates that a post graduate degree holder is to be preferred, it is for the interview Board to consider the marks to be given so that the proper candidate could be selected. Even otherwise, according to the learned counsel for the 4^th respondent, a post graduate degree of the petitioner is not in the “concerned subject” in Pathology. Whatever that maybe, in so far as the Committee who had conducted the interview, had already chosen the 7^th

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W.P.(C) No. 404 of 2010 - A

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respondent in preference to the petitioner, it may not be possible for this Court to interfere with such findings or the giving of marks by the Committee especially when there is no challenge to the said action of the committee.

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In that view of the matter, I do not think that the petitioner is entitled to any legal right to demand the posting as prayed for. Hence the writ petition is dismissed.

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A.M.SHAFFIQUE, JUDGE.

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rka

Dr.Gopu Sankar.M v. State of Kerala and Others

Case brief

What is this about?

What did the court decide?

Dr.Gopu Sankar.M v. State of Kerala and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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