Disposed

The Institution of Homeopaths Kerala v. Union of India

Kerala HC13 Aug 2021WP(C)/16359/2021

Case brief

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What is this about?

The High Court of Kerala issued a direction ensuring expeditious disposal of representations submitted by the Institution of Homeopaths Kerala regarding the provision of treatment for COVID-19 patients through Homoeo medical colleges and hospitals.

What did the court decide?

Direction to dispose of representations dated 21.05.2021 within four weeks and send judgment copy to petitioner.

The Institution of Homeopaths Kerala Vs Union… — Public Procurement and Tenders | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY FRIDAY, THE 13^TH DAY OF AUGUST 2021 / 22ND SRAVANA, 1943 WP(C) NO. 16359 OF 2021

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PETITIONERS:

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THE INSTITUTION OF HOMEOPATHS KERALA REG.NO.264/87, REGISTERED UNDER THE TRAVANCORE COCHIN LITERARY, SCIENTIFIC AND CHARITABLE SOCIETIES ACT XII OF 1955, HEAD OFFICE: IHK BHAVAN, TC.43/1496(4), BALAVAN NAGAR ROAD, PERUNALLY JN. VALLAKKADAVU P.O., MUTTATHARA, TVM-695 008 REPRESENTED BY IT GENERAL SECRETARY, DR. BHABINESH P. 36/767, BHABIN, VENGERI P.O., KOZHIKODE-673 010.

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BY ADV SERGI JOSEPH THOMAS

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RESPONDENTS:

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1 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF AYUSH, AYUSHBHAWAN, B-BLOCK, GPO COMPLEX, INA, NEW DELHI-110023.

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2 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNEMNT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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3 SECRETARY TO GOVERNMENT DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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W.P(C).16359/2021

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4 SECRETARY TO GOVERNMENT DEPARTMENT OF AYUSH, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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5 THE DIRECTOR THE DIRECTORATE OF HOMOEOPATHY, EAST FORT, THIRUVANANTHAPURAM-695 023.

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BY ADV SHRI.P.VIJAYAKUMAR, ASG OF INDIA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P(C).16359/2021

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J U D G M E N T

Dated this the 13^th day of August, 2021

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S. Manikumar, CJ

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The Institution of Homeopaths Kerala, a registered body, has filed the

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instant writ petition for the following reliefs:

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“A) Declare that respondents 2 to 5 are duty bound to provide treatment to COVID-19 patients through the Homoeo Medical Colleges, Government Homoeo clinics and hospitals, in the light of Exhibits-P2 circular dated 6.3.2020, P5 and P11 guidelines issued by the Ministry of AYUSH and Exhibit-P8 judgment of the Hon'ble Supreme Court dated 15.12.2020 and Exhibit-P9 circular dated 24.12.2020 issued by the 4^th respondent;

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B) To issue a writ of mandamus or such other appropriate writ, order or direction commanding the respondents 2 to 5 to take immediate steps to provide treatment to the COVID 19 patients through the Homoeo Medical Colleges, Government Homoeo clinics and hospitals, in the light of Exhibit-P2 circular and Exhibits-P5 and P11 guidelines issued by the 1^st respondent and Exhibit-P8 judgment of the Hon'ble Supreme Court dated 15.12.2020 and ExhibitP9 circular dated 24.12.2020 issued by the 4^th respondent.

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C) To issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents 2 to 5 to take a decision on Exhibits-P13 and P14 representations expeditiously by providing treatment to the COVID 19

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patients through the Homoeo Medical Colleges, Government Homoeo clinics and hospitals, in the light of Exts.P2 circular and P5 and P11 guidelines issued by the 1^st respondent and Exhibit-P8 judgment of the Hon'ble Supreme Court and Exhibit-P9 circular issued by the 4^th respondent, considering the present alarming situation in the State of Kerala.”

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2. Short facts leading to filing of the writ petition are that the

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petitioner is a society of Homoeopathy Doctors, established under the Travancore Cochin Literary, Scientific and Charitable Societies Act XII of 1955 with Reg.No. 264/87. The grievance of the petitioner is concerning the hostile and illegal stand of respondents 2 to 5, in providing treatment to the COVID-19 patients in Homoeo Medical Colleges, Homoeo Clinics, and Hospitals under respondents 2 to 5, in spite of Exhibit P2 circular and advisory dated 6.3.2020 issued by the Government, Exhibits-P5 and P11 guidelines for Homoeopathic medical practitioners for COVID-19 issued by the Ministry of AYUSH, Government of India, Exhibit-P8 judgment of the Hon'ble Supreme Court of India, and Exhibit-P9 circular dated 24.12.2020, issued by the 4^th respondent, viz., Secretary to the Government, Department of Ayush, Government of Kerala, Thiruvananthapuram.

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According to the petitioner, State of Kerala holds an extensive network of Homoeopathic colleges, Clinics and Hospitals. But, the respondents 2 to 5 are not taking any effective steps to provide treatment to the COVID-19 patients, as stated in Exhibit-P2 circular and advisory dated 6.3.2020 and Exhibits P5 and P11 guidelines issued by the Ministry of AYUSH, Government of India. By Exhibit-P8 judgment dated 15.12.2020 in Civil Appeal No. 4049/2020, the Hon'ble Supreme Court held that Homoeopathy is contemplated to be used in preventing and mitigating COVID-19 as is reflected by the advisory and guidelines issued by the Ministry of AYUSH. When Kerala State holds an extensive network of Homoeopathic Clinics and Hospitals, not providing/ permitting treatment, and dispensing medicines to COVID-19 patients in the Homoeo Medical Colleges, Homoeo Clinics and Hospitals, during this pandemic situation, is nothing, but a heinous crime against the society, and violative of the fundamental rights of the people of State of Kerala.

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In the above circumstances, petitioner society had submitted Exhibits-P13 and P14 representations dated 21.05.2021 before the Hon'ble Chief Minister of Kerala and the Minister for Health. Though Exhibits-P13 and P14 representations were forwarded to the 3^rd respondent, viz., Secretary to the Government, Department of Health

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and Family Welfare, Government of Kerala, Thiruvananthapuram, he has not taken any steps in the above matter. The issue raised by the petitioner had great importance, in view of the present alarming situation, high Test Positivity Rate of COVID-19 patients, and the upcoming 3^rd wave of COVID-19 pandemic. Hence, this writ petition.

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Earlier, we directed the learned Senior Government Pleader to get instructions. However, on this day, when the matter came up for hearing, though larger reliefs are sought for against the respondents 2 to 5, Mr. Sergi Joseph Thomas, learned counsel for the petitioner, submitted that the petitioner would be satisfied if a direction is issued to the respondents 2 to 5, to take a decision on Exhibits P13 and P14 representations dated 21.05.2021 expeditiously, submitted for providing treatment to COVID-19 patients through Homoeo Medical Colleges, Government Homoeo Clinics and Hospitals.

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Submission of learned counsel for the petitioner is placed on record. Though Mr. Sergi Joseph Thomas, learned counsel for the petitioner, sought for an opportunity of hearing before the said authority, the same cannot be done.

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Representations said to have been submitted before the Hon’ble Chief Minister of Kerala and the Health Minister, be forwarded to

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W.P(C).16359/2021

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the Secretary, Health and Family Welfare Department, and if such representations (Exhibits P13 and P14) are pending on file, the same are directed to be disposed of, in accordance with law, as expeditiously as possible, within four weeks from the date of receipt of a copy of this judgment. Petitioner is also permitted to send a copy of the judgment made in this writ petition for speedy disposal of the representation.

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Sd/-

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S. Manikumar, Chief Justice

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Sd/Shaji P. Chaly, Judge

sou. xxx

W.P(C).16359/2021

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APPENDIX OF WP(C) 16359/2021

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PETITIONER EXHIBITS

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EXHIBIT P1	TRUE COPY OF THE REGISTRATION
	CERTIFICATE IN RESPECT OF PETITIONER
	SOCIETY ISSUED BY THE REGISTRAR OF
	SOCIETIES, KERALA.
EXHIBIT P2	TRUE COPY OF THE CIRCULAR D.O.
	No.S.16030/18/2019-NAM DATED 6.3.2020 ISSUED BY GOVERNMENT OF INDIA, MINISTRY OF AYUSH.
EXHIBIT P3	TRUE COPY OF THE G.O.(Rt) No.156/2020/AYUSH DATED 8.4.2020 ISSUED BY GOVERNMENT OF KERALA.
EXHIBIT P4	TRUE COPY OF G.O.(Rt)No.161/2020/AYUSH DATED 21.4.2020 ISSUED BY GOVERNMENT OF KERALA.
EXHIBIT P5	TRUE COPY OF THE GUIDELINES FOR HOMOEOPATHY PRACTITIONERS FOR TREATMENT
	OF COVID-19 PATIENTS ISSUED BY THE MINISTRY OF AYUSH.
EXHIBIT P6	TRUE COPY OF THE LETTER REF. No.1000/ESI/S3/2020 DATED 30.7.2020 WRITTEN BY THE DIRECTOR OF MEDICAL AND RURAL HEALTH SERVICES (ESI) CHENNAI.
EXHIBIT P7	TRUE COPY OF THE REPRESENTATION DATED 29.4.2020 SUBMITTED BY THE KERALA
	GOVERNMENT HOMOEO MEDICAL OFFICER'S ASSOCIATION.
EXHIBIT P8	TRUE COPY OF THE JUDGMENT DATED 15.12.2020 OF THE HONOURABLE SUPREME COURT IN CIVIL APPEAL NO.4049/2020.
EXHIBIT P9	TRUE COPY OF CIRCULAR
	NO.B1/150/2020/AYUSH DATED 24.12.2020 ISSUED BY THE 4^THRESPONDENT.

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EXHIBITP10 TRUE COPY OF LETTER REF.NO.4047/A3/2019 DATED 17.5.2021 SENT BY THE DIRECTORATE OF INDIAN MEDICINE AND HOMOEOPATHY, CHENNAI. EXHIBIT P11 TRUE COPY OF THE GUIDELINES FOR HOMOEOPATHY PRACTITIONERS FOR TREATMENT OF COVID-19 PATIENTS ISSUED BY THE MINISTRY OF AYUSH EXHIBIT P12 TRUE COPY OF THE JUDGMENT DATED 2.6.2021 IN WPC NO.11555 OF 2021. EXHIBIT P13 TRUE COPY OF THE REPRESENTATION DATED 21.5.2021 SUBMITTED BY THE PETITIONER BEFORE THE HONOURABLE CHIEF MINISTER OF KERALA WITH ENGLISH TRANSLATION. EXHIBIT P14 TRUE COPY OF THE REPRESENTATION DATED 21.5.2021 SUBMITTED BY THE PETITIONER BEFORE THE HONOURABLE MINISTER FOR HEALTH, WITH ENGLISH TRANSLATION. EXHIBIT P15 TRUE COPY OF GO(RT) No.425/2020/AYUSH

The Institution of Homeopaths Kerala v. Union of India

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The Institution of Homeopaths Kerala v. Union of India

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