Dr.Shiny Mathew Vs State of Kerala

¶1

2025:KER:21911

¶2

¶3

WP(C) Nos.11018 of 2019 & Connected cases

¶4

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5

PRESENT

¶6

THE HONOURABLE MR. JUSTICE P.M.MANOJ

¶7

FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946

¶8

WP(C) NO. 35237 OF 2009

¶9

PETITIONER:

¶10

DR.RAZANATHU F., SREE VIDHYADHIRAJA
HOMEOPATHIC,MEDICAL COLLEGE,,
NEMAM.P.O,THIRUVANANTHAPURAM.

¶11

BY ADV SRI.KALEESWARAM RAJ

¶12

RESPONDENT:

¶13

1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH & FAMILY, WELFARE,SECRETARIAT,THIRUVANANTHAPURAM.

¶14

2 THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.

¶15

3 DR.LAKSHMI, TUTOR, GOVERNMENT HOMOEPATHIC MEDICAL COLLEGE, AYRANIMUTTAM, THIRUVANANTHAPURAM, PIN-695009.

¶16

BY ADVS.
SRI.M.AJAY IRUMPANAM
SRI.HARISH GOPINATH
SRI.R.S.KALKURA
SRI.M.S.KALESH
SRI.V.VINAY MENON

¶17

¶18

2025:KER:21911

¶19

WP(C) Nos.11018 of 2019 & Connected cases

¶20

OTHER PRESENT:

¶21

SRI.P.K.BABU, SPECIAL GOVERNMENT PLEADER
(FINANCE)

¶22

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.01.2025, ALONG WITH WP(C).11018/2019,
25113/2019 AND CONNECTED CASES, THE COURT ON 14.03.2025
DELIVERED THE FOLLOWING:

¶23

2025:KER:21911

¶24

¶25

WP(C) Nos.11018 of 2019 & Connected cases

¶26

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶27

PRESENT

¶28

THE HONOURABLE MR. JUSTICE P.M.MANOJ

¶29

FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946

¶30

WP(C) NO. 11018 OF 2019

¶31

PETITIONER:

¶32

DR.G.MADHU, AGED 48 YEARS
LECTURER, SREEVIDYADHIRAJA HOMOEOPATHIC MEDICAL
COLLEGE AND HOSPITAL, NEMOM, THIRUVANANTHAPURAM-
695020.

¶33

BY ADVS.
K.S.PRENJITH KUMAR
ABI BENNY AREECKAL(K/001482/2019)
BEA MARY BENNY(K/000129/2021)

¶34

RESPONDENTS:

¶35

1 STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF AYUSH, THIRUVANANTHAPURAM-1.

¶36

2 THE PRINCIPAL SECRETARY, DEPARTMENT OF AYUSH, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURM-1.

¶37

3 THE ADDITIONAL CHIEF SECRETARY, DEPT. OF FINANCE GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1.

¶38

4 KERALA UNIVERSITY OF HEALTH SCIENCES, REPRESENTED BY ITS REGISTRAR, MULAMKUNNATHUKAVU,

¶39

¶40

2025:KER:21911

¶41

WP(C) Nos.11018 of 2019 & Connected cases

¶42

THRISSUR- 680596.

¶43

5SHREE VIDYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE
AND HOSPITAL, NEMOM, THIRUVANANTHAPURAM, REP. BY
ITS MANAGER, MR.AJAYAKUMAR, SHREE VIDYADHIRAJA
VIDYA SAMAJAM, ASWATHY, HINDU MISSION ROAD,
THIRUVANANTHAPURAM-1.

¶44

6ADDL R6, DR. SMITHA.M
W/O.KOMAKLA KUMARAN M, T.C.16/4306/2,
DANETHUVILAYIL, KALATHIL LANE, IMPLEADED AS PER
ORDER DATED 14-06-2019 IN IA 1/2019.

¶45

BY ADVS.
SRI.N.MANOJ KUMAR,SPL.GP FOR FINANCE
GOVERNMENT PLEADER
SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED
SCIENCE
SRI.P.RAMAKRISHNAN
PIRAPPANCODE V.S.SUDHIR
SMT.PREETHI RAMAKRISHNAN (P-212)
SRI.T.C.KRISHNA
SRI.C.ANIL KUMAR
SMT.ASHA K.SHENOY
SRI.PRATAP ABRAHAM VARGHESE

¶46

OTHER PRESENT:

¶47

SRI.P.K.BABU, SPECIAL GOVERNMENT PLEADER
(FINANCE)

¶48

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 07.01.2025, ALONG WITH WP(C).35237/2009 AND CONNECTED
CASES, THE COURT ON 14.03.2025 DELIVERED THE FOLLOWING:

¶49

¶50

2025:KER:21911

¶51

WP(C) Nos.11018 of 2019 & Connected cases

¶52

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶53

PRESENT

¶54

THE HONOURABLE MR. JUSTICE P.M.MANOJ

¶55

FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946

¶56

WP(C) NO. 25113 OF 2019

¶57

PETITIONER:

¶58

DR.THARA.L, AGED 58 YEARS
W/O. K. G. SREEKUMAR, THUNDATHIL, PRRA 61,
T.C.37/1639, KOTHALAM ROAD, FORT P.O.,
THIRUVANANTHAPURAM 23, PRINCIPAL, SREE
VIDHYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE,
NENM0M, THIRUVANANTHAPURAM.

¶59

BY ADVS.
SAJEEV KUMAR K.GOPAL
SRI.ELVIN PETER P.J.
SRI.K.R.GANESH
SMT.T.S.LIKHITHA

¶60

RESPONDENTS:

¶61

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, AYUSH DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶62

2 THE SECRETARY TO GOVERNMENT FINANCE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001.

¶63

3 THE PRINCIPAL AND CONTROLLING OFFICER GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, AYRANIMUTTAM, THIRUVANANTHAPURAM - 695 009.

¶64

¶65

2025:KER:21911

¶66

WP(C) Nos.11018 of 2019 & Connected cases

¶67

4THE ADMINISTRATIVE OFFICER
GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE,
AYRANIMUTTAM, THIRUVANANTHAPURAM - 695 009.,
DRAWING AND DISBURSING OFFICER, SREE
VIDHYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE,
NEMOM, THIRUVANANTHAPURAM.

¶68

5 THE KERALA UNIVERSITY OF HEALTH SCIENCES MEDICAL COLLEGE P.O., THRISSUR - 680 596, REPRESENTED BY ITS REGISTRAR.

¶69

BY ADV SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND
ALLIED SCIENCE

¶70

OTHER PRESENT:

¶71

SRI.P.K.BABU, SPECIAL GOVERNMENT PLEADER
(FINANCE)

¶72

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.01.2025, ALONG WITH WP(C).35237/2009 AND
CONNECTED CASES, THE COURT ON 14.03.2025 DELIVERED THE
FOLLOWING:

¶73

¶74

2025:KER:21911

¶75

WP(C) Nos.11018 of 2019 & Connected cases

¶76

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶77

PRESENT

¶78

THE HONOURABLE MR. JUSTICE P.M.MANOJ

¶79

FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946

¶80

WP(C) NO. 25138 OF 2019

¶81

PETITIONER:

¶82

DR.SAILENDRA KUMAR .G.N
AGED 53 YEARS
S/O. G. NAGENDRAN NAIR, T.C 50/1197(1),
SIVASREE, THALIYIL , KARAMANA,
THIRUVANANTHAPURAM 2 PROFESSOR AND HEAD OF THE
DEPARTMENT, DEPARTMENT OF HOMOEOPATHIC PHARMACY,
SREE VIDHYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE,
NENMON, THIRUVANANTHAPURAM

¶83

BY ADV SAJEEV KUMAR K.GOPAL

¶84

RESPONDENTS:

¶85

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, AYUSH DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001

¶86

2 THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM 695 001

¶87

3 THE PRINCIPAL AND CONTROLLING OFFICER, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, AYRANIMUTTAM, THIRUVANANTHAPURAM, PIN 695 009

¶88

4 THE ADMINISTRATIVE OFFICER, GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE,

¶89

¶90

2025:KER:21911

¶91

WP(C) Nos.11018 of 2019 & Connected cases

¶92

AYRANIMUTTAM, THIRUVANANTHAPURAM, PIN 695 009 DRAWING AND DISBURSING OFFICER, SREE VIDHYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE, NEMOM, THIRUVANANTHAPURAM

¶93

5THE KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE P.O, THRISSUR 680 596
REPRESENTED BY ITS REGISTRAR.

¶94

BY ADV SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND
ALLIED SCIENCE

¶95

OTHER PRESENT:

¶96

SRI.P.K.BABU, SPECIAL GOVERNMENT PLEADER
(FINANCE)

¶97

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.01.2025, ALONG WITH WP(C).35237/2009 AND
CONNECTED CASES, THE COURT ON 14.03.2025 DELIVERED THE
FOLLOWING:

¶98

¶99

2025:KER:21911

¶100

WP(C) Nos.11018 of 2019 & Connected cases

¶101

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶102

PRESENT

¶103

THE HONOURABLE MR. JUSTICE P.M.MANOJ

¶104

FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946

¶105

WP(C) NO. 26976 OF 2019

¶106

PETITIONER:

¶107

DR.SHALINI G.UNNITHAN, AGED 44 YEARS
W/O. V. MOHAN ROY, UPASANA LANE, AMBALAMUKKU,
KURAVANKONAM ROAD, KOWDIAR P.O.,
THIRUVANANTHAPURAM - 695 003, PROFESSOR AND HEAD
OF THE DEPARTMENT, DEPARTMENT OF REPERTORY, SREE
VIDHYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE,
NENMOM, THIRUVANANTHAPURAM - 20

¶108

BY ADV SAJEEV KUMAR K.GOPAL

¶109

RESPONDENTS:

¶110

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, AYUSH DEPARTMENT, GOVERNMENT SECRETARY, THIRUVANANTHAPURAM - 695 001.

¶111

2 THE SECRETARY TO GOVERNMENT FINANCE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001

¶112

3 THE PRINCIPAL AND CONTROLLING OFFICER GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE, AYRANIMUTTAM, THIRUVANANTHAPURAM, PIN - 695 009

¶113

4 THE ADMINISTRATIVE OFFICER GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE, AYRANIMUTTAM, THIRUVANANTHAPURAM, PIN - 6950009, DRAWING AND DISBURSING OFFICER, SREE

¶114

2025:KER:21911

¶115

¶116

WP(C) Nos.11018 of 2019 & Connected cases

¶117

VIDHYADHIRAJA HOMEOPATHIC MEDICAL COLLEGE, NEMOM, THIRUVANANTHAPURAM - 20

¶118

5 THE KERALA UNIVERSITY OF HEALTH SCIENCES MEDICAL COLLEGE P.O., THRISSUR - 680 596, REPRESENTED BY ITS REGISTRAR

¶119

BY ADV SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED SCIENCE

¶120

OTHER PRESENT:

¶121

SRI.P.K.BABU, SPECIAL GOVERNMENT PLEADER
(FINANCE)

¶122

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 07.01.2025, ALONG WITH WP(C).35237/2009 AND CONNECTED
CASES, THE COURT ON 14.03.2025 DELIVERED THE FOLLOWING:

¶123

¶124

2025:KER:21911

¶125

WP(C) Nos.11018 of 2019 & Connected cases

¶126

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶127

PRESENT

¶128

THE HONOURABLE MR. JUSTICE P.M.MANOJ

¶129

FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946

¶130

WP(C) NO. 30913 OF 2019

¶131

PETITIONER:

¶132

DR.L.MINI DEVI, AGED 53 YEARS
W/O.PADMAKUMAR, THRIVENI, ULIYAKOVIL.P.O.,
KOLLAM-691019, READER, DEPARTMENT OF PRACTICE OF
MEDICINE, SREE VIDHYADHIRAJA HOMOEOPATHIC
MEDICAL COLLEGE, NEMOM, THIRUVANANTHAPURAM.

¶133

BY ADV SAJEEV KUMAR K.GOPAL

¶134

RESPONDENTS:

¶135

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, AYUSH DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM695001.

¶136

2 THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.

¶137

3 THE PRINCIPAL AND CONTROLLING OFFICER, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, AYRANIMUTTAM, THIRUVANANTHAPURAM, PIN-695009.

¶138

4 THE ADMINISTRATIVE OFFICER, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, AYRANIMUTTAM, THIRUVANANTHAPURAM, PIN-695009. DRAWING AND DISBURSING OFFICER, SREE VIDHYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE,

¶139

¶140

2025:KER:21911

¶141

WP(C) Nos.11018 of 2019 & Connected cases

¶142

NEMOM, THIRUVANANTHAPURAM.

¶143

5 THE KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE.P.O., THRISSUR-680596, REPRESENTED BY ITS REGISTRAR.

¶144

BY ADV SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND
ALLIED SCIENCE

¶145

OTHER PRESENT:

¶146

SRI.P.K.BABU, SPECIAL GOVERNMENT PLEADER
(FINANCE)

¶147

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.01.2025 ALONG WITH WP(C).35237/2009 AND
CONNECTED CASES, THE COURT ON 14.03.2025 DAY DELIVERED THE

¶148

FOLLOWING:

¶149

¶150

2025:KER:21911

¶151

WP(C) Nos.11018 of 2019 & Connected cases

¶152

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶153

PRESENT

¶154

THE HONOURABLE MR. JUSTICE P.M.MANOJ

¶155

FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946

¶156

WP(C) NO. 30892 OF 2019

¶157

PETITIONER:

¶158

DR.SAREESH S., AGED 44 YEARS
S/O. V. SASIDHARAN, POOMKAVIL HOUSE, ADINADU
SOUTH, KATTILKADAVU P.O. KARUNAGAPPILY KOLLAM,
690 542, LECTURER DEPARTMENT OF COMMUNITY
MEDICINE,SREE VIDHYDHIRAJA HOMOEOPATHIC MEDICAL
COLLEGE, NENOMOM, THIRUVANANTHAPURAM.

¶159

BY ADV SAJEEV KUMAR K.GOPAL

¶160

RESPONDENTS:

¶161

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, AYUSH DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

¶162

2 THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM 695 001.

¶163

3 THE PRINCIPAL AND CONTROLLING OFFICER, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, AYRANIMUTTAM, THIRUVANANTHAPURAM 695 009.

¶164

4 THE ADIMINISTRATIVE OFFICER, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, AYRANIMUTTAM, THIRUVANANTHAPURAM 695 009. DRAWING AND DISBURSING OFFICER, SREE

¶165

¶166

2025:KER:21911

¶167

WP(C) Nos.11018 of 2019 & Connected cases

¶168

VIDHYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE, NEMOM, THIRUVANANTHAPURAM.

¶169

5 THE KERALA UNIVESITY OF HEALTH SCIENCE, MEDICAL COLLEGE P.O. THRISSUR 680 596, REPRESENTED BY ITS REGISTRAR.

¶170

BY ADV SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED SCIENCE

¶171

OTHER PRESENT:

¶172

SRI.P.K.BABU, SPECIAL GOVERNMENT PLEADER
(FINANCE)

¶173

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.01.2025, ALONG WITH WP(C).35237/2009 AND
CONNECTED CASES, THE COURT ON 14.03.2025 DELIVERED THE

¶174

FOLLOWING:

¶175

¶176

2025:KER:21911

¶177

WP(C) Nos.11018 of 2019 & Connected cases

¶178

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶179

PRESENT

¶180

THE HONOURABLE MR. JUSTICE P.M.MANOJ

¶181

FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946

¶182

WP(C) NO. 35561 OF 2018

¶183

PETITIONER:

¶184

DR.SMITHA M., AGED 42 YEARS
W/O KOMALA KUMARAN M, T.C. 16/4306/2,
DANETHUVILAYIL, KALATHIL, LANE, MURINJAPALAM,
MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM -
695011

¶185

BY ADVS.
PIRAPPANCODE V.S.SUDHIR
SRI.JELSON J.EDAMPADAM

¶186

RESPONDENTS:

¶187

1 STATE OF KERALA, REP BY THE SECRETARY TO GOVERNMENT, AYUSH DEPARTMENT, GOVT SECRETARIAT, THIRUVANANTHAPURAM - 695001

¶188

2 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

¶189

3 THE KERALA UNIVERSITY OF HEALTH SCIENCE, REPRESENTED BY THE REGISTRAR,MULAMKUNNATHUKAVU,MEDICAL COLLEGE.P.O.THRISSUR 680 596.

¶190

4 THE MANANGER, SREE VIDHYADHIRAJA HOMEOPATHIC,MEDICAL COLLEGE,

¶191

¶192

2025:KER:21911

¶193

WP(C) Nos.11018 of 2019 & Connected cases

¶194

NEMOM,THIRUVANANTHAPURAM 695 020.

¶195

5 THE PRINCIPAL AND CONTROLLING OFFICER, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE,IRANIMUTTOM,THIRUVANANTHAPURAM 695 001.

¶196

6 THE PRINCIPAL IN CHARGE, SREE VIDHYADHIRAJA HOMOEOPATHIC,MEDICAL COLLEGE, NEMOM,THIRUVANANTHAPURAM 695 020.

¶197

7 DR. REKHA CHANDRAN R, TUTOR (MATERIA MEDICA DEPARTMENT),SREE VIDHYADHIRAJA HOMEOPATHIC MEDICAL COLLEGE,NEMOM,THIRUVANANTHAPURAM 695 020.

¶198

8 DR. K.N.USHA, TUTOR,(MATERIA MEDICA DEPARTMENT)SREE VIDHYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE,NEMOM,THIRUVANANTHAPURAM 695 020.

¶199

9DR.S.SEENA,
TUTOR,(MATERIA MEDICA DEPARTMENT),SREE
VIDHYADHIRAJA HOMEOPATHIC MEDICAL
COLLEGE,NEMOM,THIRUVANANTHAPURAM 695 020.NOW
UNDER DEPUTATION TO P.G.COURSE, MATERIA
MEDICA,GOVERNMENT HOMOEOPATHIC MEDICAL
COLLEGE,IRANIMUTTOM,MANACAUD
P.O,THIRUVANANTHAPURAM 695 009.

¶200

BY ADVS.
SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED
SCIENCE
SRI.P.M.SANEER
SRI.N.NANDAKUMARA MENON (SR.)
SMT.M.U.VIJAYALAKSHMI
SRI.P.K.MANOJKUMAR
SRI.K.JAJU BABU (SR.)
SRI.G.P.SHINOD
SRI.GOVIND PADMANAABHAN
KUM.NEETU VINOD
SMT.SMITHA S.PILLAI
SHRI.AJIT G ANJARLEKAR
SMT.ALICE THOMAS

¶201

¶202

2025:KER:21911

¶203

WP(C) Nos.11018 of 2019 & Connected cases

¶204

SMT.M.C.SINY

¶205

OTHER PRESENT:

¶206

SRI.P.K.BABU, SPECIAL GOVERNMENT PLEADER
(FINANCE)

¶207

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 07.01.2025, ALONG WITH WP(C).35237/2009 AND CONNECTED
CASES, THE COURT ON 14.03.2025 DELIVERED THE FOLLOWING:

¶208

¶209

2025:KER:21911

¶210

WP(C) Nos.11018 of 2019 & Connected cases

¶211

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶212

PRESENT

¶213

THE HONOURABLE MR. JUSTICE P.M.MANOJ

¶214

FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946

¶215

WP(C) NO. 35745 OF 2018

¶216

PETITIONER:

¶217

DR. KRISHNAKUMAR M.,
AGED 42 YEARS
READER, DEPARTMENT OF FORENSIC MEDICINE AND
TOXICOLOGY, SHREE VIDHYADHIRAJA HOMOEOPATHIC
MEDICAL COLLEGE, NEMOM, THIRUVANANTHAPURAM, S/O.
G.MADHAVAN PILLAI, SANTHALAYAM, ERUVA P.O.,
KAYAMKULAM, ALAPPUZHA - 690 572.

¶218

BY ADV SAJEEV KUMAR K.GOPAL

¶219

RESPONDENTS:

¶220

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, AYUSH DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶221

2 THE PRINCIPAL AND CONTROLLING OFFICER, GOVERNMENT HOMOEPATHIC MEDICAL COLLEGE, AYRANIMUTTAM, THIRUVANANTAHPURAM-695009.

¶222

3 THE ADMINISTRATIVE OFFICER, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, AYRANIMUTTAM, THIRUVANANTHAPURAM-695009, DRAWING AND DISBURSING OFFICER, SHREE VIDHYADHIRAJA HOMOEPATHIC MEDICAL COLLEGE, NEMOM, THIRUVANANTHAPURAM.

¶223

¶224

2025:KER:21911

¶225

WP(C) Nos.11018 of 2019 & Connected cases

¶226

4 THE KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O., THRISSUR-680596, REPRESENTED BY ITS REGISTRAR.

¶227

5ADDL.R5 DR. SMITHA M
AGED 42 YEARS
W/O KOMALA KUMARAN M, T.C 16/4306/2,
DANETHUVILAYIL, KALATHIL LANE, MURINJAPALAM,
MEDICAL COLLEGE PO, THIRUVANANTHAPURAM-695011.
(ADDL.R5 IMPLEADED AS PER THE ORDER DATED
22/11/2018 IN IA.NO.01/2018)

¶228

6 ADDL. R6. THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT OF KERALA. (ADDITIONAL R6 IS SUO MOTU IMPLEADED AS PER THE ORDER DATED 25/07/2019 IN WPC)

¶229

BY ADVS.
SRI.P.SREEKUMAR,SC,KERALA UTY.
HEALTH AND ALLIED SCIENCE
PIRAPPANCODE V.S.SUDHIR

¶230

OTHER PRESENT:

¶231

SRI.P.K.BABU, SPECIAL GOVERNMENT PLEADER (FINANCE)

¶232

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.01.2025, ALONG WITH WP(C).35237/2009 AND
CONNECTED CASES, THE COURT ON 14.03.2025 DELIVERED THE
FOLLOWING:

¶233

¶234

2025:KER:21911

¶235

WP(C) Nos.11018 of 2019 & Connected cases

¶236

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶237

PRESENT

¶238

THE HONOURABLE MR. JUSTICE P.M.MANOJ

¶239

FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946

¶240

WP(C) NO. 31589 OF 2019

¶241

PETITIONER:

¶242

DR.SHINY MATHEW, AGED 45 YEARS
D/O.SRI M.T MATHAI, SHINE COTTAGE, HOUSE NO.21,
DEVINAGAR, KALADY, KARAMANA P O,
THIRUVANANTHAPURAM-2, LECTURER, DEPARTMENT OF
PATHOLOGY AND MICROBIOLOGY, SREE VIDHYADHIRAJA
HOMOEOPATHIC MEDICAL COLLEGE, NANMOM,
THIRUVANANTHAPURAM.

¶243

BY ADV SAJEEV KUMAR K.GOPAL

¶244

RESPONDENTS:

¶245

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, AYUSH DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN695001.

¶246

2 THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.

¶247

3 THE PRINCIPAL AND CONTROLLING OFFICER, GOVERNMENT HOMOEPATHIC MEDICAL COLLEGE, AYRANIMUTTAM, THIRUVANANTHAPURAM, PIN-695009.

¶248

4 THE ADMINISTRATIVE OFFICER, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, AYRANIMUTTAM, THIRUVANANTHAPURAM, PIN-695009, DRAWING AND DISBURSING OFFICER, SREE

¶249

¶250

2025:KER:21911

¶251

WP(C) Nos.11018 of 2019 & Connected cases

¶252

VIDHYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE, NEMOM, THIRUVANANTHAPURAM.

¶253

5 THE KERALA UNIVERSITY OF HELATH SCIENCES, MEDICAL COLLEGE P O, THRISSUR-680596, REPRESENTED BY ITS REGISTRAR.

¶254

BY ADV SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES

¶255

OTHER PRESENT:

¶256

SRI.P.K.BABU, SPECIAL GOVERNMENT PLEADER (FINANCE)

¶257

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.01.2025, ALONG WITH WP(C).35237/2009 AND
CONNECTED CASES, THE COURT ON 14.03.2025 DELIVERED THE

¶258

FOLLOWING:

¶259

¶260

2025:KER:21911

¶261

WP(C) Nos.11018 of 2019 & Connected cases

¶262

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶263

PRESENT

¶264

THE HONOURABLE MR. JUSTICE P.M.MANOJ

¶265

FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946

¶266

WP(C) NO. 31613 OF 2019

¶267

PETITIONER:

¶268

DR.L.SHAJITHA BEEGUM, AGED 47 YEARS
D/O.M.BADARUDEEN, V.S.M MANZIL, VELLAMKETTUVILA,
NEMOM.P.O., PRAVACHAMBALAM, THIRUVANANTHAPURAM,
LECTURER, DEPARTMENT OF PRACTICE OF MEDICIN,E
SREE VIDHYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE,
NENMOM, THIRUVANANTHAPURAM

¶269

BY ADV SAJEEV KUMAR K.GOPAL

¶270

RESPONDENTS:

¶271

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, AYUSH DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM695001

¶272

2 THE SECRETARY TO GOVERNMENT FINANCE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001

¶273

3 THE PRINCIPAL AND CONTROLLING OFFICER GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE, AYRANIMUTTAM, THIRUVANANTHAPURAM, PIN-695009

¶274

4 THE ADMINISTRATIVE OFFICER GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, AYRANIMUTTAM, THIRUVANANTHAPURAM, PIN-695009. DRAWING THE DISBURSING OFFICER, SREE

¶275

¶276

2025:KER:21911

¶277

WP(C) Nos.11018 of 2019 & Connected cases

¶278

VIDHYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE, NEMOM, THIRUVANANTHAPURAM

¶279

5 THE KERALA UNIVERSITY OF HEALTH SCIENCES MEDICAL COLLEGE.P.O., THRISSUR-680596, REPRESENTED BY ITS REGISTRAR

¶280

BY ADV SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES

¶281

OTHER PRESENT:

¶282

SRI.P.K.BABU, SPECIAL GOVERNMENT PLEADER (FINANCE)

¶283

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.01.2025, ALONG WITH WP(C).35237/2009 AND
CONNECTED CASES, THE COURT ON 14.03.2025 DELIVERED THE

¶284

FOLLOWING:

¶285

¶286

2025:KER:21911

¶287

WP(C) Nos.11018 of 2019 & Connected cases

¶288

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶289

PRESENT

¶290

THE HONOURABLE MR. JUSTICE P.M.MANOJ

¶291

FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946

¶292

WP(C) NO. 40417 OF 2022

¶293

PETITIONER:

¶294

DR.SURESHKUMAR P.V, AGED 56 YEARS
READER, DEPARTMENT OF ORGANON OF MEDICINE, SREE
VIDHYADHIRAJA HOMEOPATHIC MEDICAL COLLEGE,
NEMOM. P.O, THIRUVANANTHAPURAM DISTRICT, PIN -
695020

¶295

BY ADV JESTIN MATHEW

¶296

RESPONDENTS:

¶297

1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,, PIN - 695001

¶298

2 THE SECRETARY TO GOVERNMENT FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,, PIN - 695001

¶299

3 THE SECRETARY TO GOVERNMENT AYUSH (B) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,, PIN - 695001

¶300

4 THE SECRETARY TO GOVERNMENT LAW DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

¶301

5 THE PRINCIPAL AND CONTROLLING OFFICER

¶302

2025:KER:21911

¶303

¶304

WP(C) Nos.11018 of 2019 & Connected cases

¶305

GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE, IRANIMUTTOM, THIRUVANANTHAPURAM, PIN - 695009

¶306

6 KERALA UNIVERSITY OF HEALTH SCIENCES MEDICAL COLLEGE P.O, THRISSUR, REPRESENTED BY ITS REGISTRAR., PIN - 680596

¶307

7 SREE VIDHYADHIRAJA HOMEOPATHIC MEDICAL COLLEGE NEMOM. P.O, THIRUVANANTHAPURAM DISTRICT, ,REPRESENTED BY ITS MANAGER., PIN - 695020

¶308

BY ADVS. SANEER P.M

¶309

OTHER PRESENT:

¶310

SRI.P.K.BABU, SPECIAL GOVERNMENT PLEADER
(FINANCE)

¶311

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 07.01.2025, ALONG WITH WP(C).35237/2009 AND CONNECTED
CASES, THE COURT ON 14.03.2025, DELIVERED THE FOLLOWING:

¶312

¶313

2025:KER:21911

¶314

WP(C) Nos.11018 of 2019 & Connected cases

¶315

JUDGMENT

¶316

Dated this the 14th day of March, 2025

¶317

[WP(C) Nos.35237/2009, 11018/2019, 25113/2019,
25138/2019, 26976/2019, 30913/2019, 30892/2019,
35561/2018, 35745/2018, 31589/2019, 31613/2019,
40417/2022]

¶318

Captioned writ petitions are preferred by the teaching faculties of Shree Vidyadhiraja Homeopathic Medical College and Hospital, Nemom. The grievance voiced in all these writ petitions except W.P.(C)No.35561 of 2018 is the non disbursement of salary and other benefits though their appointments against the posts were sanctioned by Government and the appointments were approved by the Governing Council of the Kerala University of Health Science in accordance with the directions of this Court in common Judgment dated 13.03.2015 in WP(C) No.7689 of 2015 and connected cases. For the purpose of convenience, I prefer to narrate the facts and circumstances in WP(C) No.11018/2019.

¶319

The petitioners in all these writ petitions are

¶320

qualified Homeopathic Medical Practitioners working as

¶321

¶322

2025:KER:21911

¶323

WP(C) Nos.11018 of 2019 & Connected cases

¶324

Teaching Faculties under various capacities in different departments of the 5^th respondent Homeopathic Medical College. The 5^th respondent Medical College was brought under Direct Payment System (‘DPS’ for short) with effect from 01.09.2002 on execution of agreement between the State and the Management on 21.06.2003. As per the terms of the agreement and the provisions in DPS, the Government became the Pay Master. Even then the wages were not paid to the staff of the College. The issue relating to sanction of posts, approval of appointments, and payment of salary were taken up before the Government. Accordingly, meetings were held in the presence of the Chief Minister of Kerala, Minister of Health and Family Welfare Department, Principal Secretary Health and Family Welfare Department, Controlling Officer and Principal, Government Homeopathic Medical College, Thiruvananthapuram and all the stakeholders including the representatives of the Manager and the teaching and nonteaching faculties.

¶325

¶326

2025:KER:21911

¶327

WP(C) Nos.11018 of 2019 & Connected cases

¶328

In the meeting held on 31.10.2011, a resolution

¶329

was taken to follow the staff pattern under the regulations issued by the Central Council for Homeopathy. The resolution with respect to payment of salary and other allowances at the earliest was taken in the said meeting. At a subsequent meeting held on 14.02.2013, the Chief Minister of Kerala presided and resolved to disburse the salary with immediate effect. The Principal Secretary was given the charge of considering the education qualifications of the incumbents to pass appropriate orders, which is evident from Ext.P3.

¶330

Even that was not acted upon. Accordingly, the teaching and non teaching staffs of the 5^th respondent college constrained to move this Court. Accordingly, writ petition No.18669 of 2015 and connected matters were preferred before this Court. By common judgment dated 13.03.2015, this Court has, categorically, disposed of the writ petitions by Ext.P4, wherein it was recorded that the Central Council for Homeopathic Regulation would govern the institution. Furthermore, upon recording the undertaking by the

¶331

¶332

2025:KER:21911

¶333

WP(C) Nos.11018 of 2019 & Connected cases

¶334

Government Pleader that the Government would abide by the decisions taken in the meeting and that a proposal would be forwarded, the Government would sanction the post. Accordingly, the following directions were issued.

¶335

I. The manager shall send the proposal to workout decision within a period of one month to the Principal & Controlling Officer.

¶336

II. On receipt of the proposal, the Principal & Controlling Officer, without any delay, shall forward the same to the Government for the approval of the staff pattern.

¶337

III. The staff pattern shall be implemented with effect from 01.09.2002, the date on which Direct Payment System was introduced.

¶338

IV. The Government shall take action to implement its decision in the light of proposal within two months after receipt of the same from the Principal & Controlling Officer.

¶339

V. The interim order passed in respect of payment of salary to various writ petitions to continue till the government takes a decision.

¶340

VI. Based on the approval of staff fixation, the University shall take a decision to approve the

¶341

2025:KER:21911

¶342

¶343

WP(C) Nos.11018 of 2019 & Connected cases

¶344

appointment of those petitioners within three months.

¶345

VII. The entire arrears and monetary benefits shall be released without any delay.

¶346

Even thereafter, the said judgment was taken in appeal before the Division Bench by the State. However, that was dismissed and the judgment rendered by the learned Single Judge was upheld. Thereafter, the Government approached the Apex Court by preferring a Special Leave Petition. The SLP was also dismissed by order dated 16.08.2016.

¶347

As a result of the dismissal of the SLP based on the finding that Ext.P4 judgment had become final, the Government issued Ext.P5 GO(Rt) No.473/2016/Ayush/2016, and thereby sanctioned the staff pattern in accordance with the Central Council of Homeopathic Regulations, 1983 and 2002. That was extant regulations at the relevant period. Thereby clarified that the teaching and non-teaching staff appointed upto 10.09.2002 will be governed by the 1983 Regulations and those appointed after 11.09.2002 will be governed by the

¶348

¶349

2025:KER:21911

¶350

WP(C) Nos.11018 of 2019 & Connected cases

¶351

Regulations of Central Council of Homeopathic Medicine 2002. The manager was directed to forward the proposal for appointment of qualified individuals to Kerala University of Health Sciences for the approval after due scrutiny of the qualifications in accordance with Central Council of Homeopathic Guidelines within the stipulated period of three months.

¶352

Accordingly, upon forwarding the approval by the University, the Government has to consult Finance and Law Department to disburse the consequential arrears in the pay band implemented from 01.09.2002, till date to the eligible appointees.

¶353

In the light of Ext.P5 order and direction, the Kerala University of Health Science, the Governing Council of the University verified the proposal forwarded by the Manager and also scrutinized the qualifications possessed by the candidates and approved the proposal of appointment of 43 teaching staff i.e., 13 Professors, 15 Readers and 15 Lecturers. The list of incumbents, whose appointments were approved by the

¶354

¶355

2025:KER:21911

¶356

WP(C) Nos.11018 of 2019 & Connected cases

¶357

University were appended to its order, that is available in Ext.P6. All the petitioners in the captioned writ petitions are included in Ext.P6 list and their appointments were approved with their respective dates.

¶358

Despite the sanctioning of posts and approval of appointments in accordance with Ext.P4 judgment and consequential order as per Ext.P5, no further orders were issued by the Government sanctioning the pay and other benefits.

¶359

However, WP(C) No.35561 of 2018 is preferred impugning Ext.P5 and P6, the consequential orders issued by the Government as well as the Kerala University of Health Sciences, only on the background of the assignment of inter se seniority among the petitioner and three other tutors, namely, Dr.Rekhachandran, Dr.K.N.Usha and Dr. Seema from the Department of Materia Medica under the 5^th respondent College. The petitioner is also from the same Department.

¶360

The learned Special Government Pleader for Finance opposed the contentions in all the writ petitions on the

¶361

¶362

2025:KER:21911

¶363

WP(C) Nos.11018 of 2019 & Connected cases

¶364

background that Ext.P4 order lacks the consultation or ratification by the Finance Department of the Government. It is stated that Ext.P5 is void since the concurrence of the Finance Department has not been obtained. Such contention is taken on the basis of Rule 10(1) of the Rules of Business of Government of Kerala which states no department shall without previous consultation with the Finance Department authorize any orders (other than the orders pursuant to any general delegation made by the Finance Department) which either immediately or by their repercussion will affect the finance of the State.

¶365

In order to decide the issue, I have to consider various issues; primarily the qualification of the petitioners; then the regulations by the Central Council of Homeopathy Regulations and its impact and then the directions in Ext.P4 judgment and its finality. Thereafter, the issue raised by the learned Special Government Pleader with respect to the consultation with the Finance Department of the Government as per the rules of Business of Government of Kerala.

¶366

¶367

2025:KER:21911

¶368

WP(C) Nos.11018 of 2019 & Connected cases

¶369

The essential qualification for the Lecturer in Homeopathy subjects prescribed was Post Graduate qualification in Homeopathy or a degree in Homeopathy with four years of professional experience. The age limit prescribed is not more than 35 years on the last date of receipt of application for the post with a relaxation upto 5 years for exceptionally qualified persons with prior approval of the University concerned. In any of the case, the University is the authority to decide the qualification with respect to the petitioners. However, the University has not raised any dispute with respect to the qualification of the petitioners and forwarded Ext.P6 approval to the Government. Hence that issues need not be deliberated in this case.

¶370

The other contention is with respect to the impact of Homeopathy Regulations. In that regard it is contended that the Homeopathy Central Council Act, 1973 was enacted by the Parliament and received the assent of the President of India on 19.12.1973 and was published in the Gazette of India Extraordinary Part II, Page No. 683 dated 20.12.1973. The

¶371

¶372

2025:KER:21911

¶373

WP(C) Nos.11018 of 2019 & Connected cases

¶374

said Act was promulgated to make out provisions for obtaining prior approval of the Central Government for establishing Homeopathy Medical College and for increasing number of seats for introducing new or higher course of study, recognition of Homeopathic Medical College and also to prescribe minimum standards of education in the Homeopathy Medical College in the Country by providing uniform standard of Homeopathy practices and to regulate the registration of Homeopathy Practitioners.

¶375

The said regulation also provides for regulation of standards of medical education, practice and regulation of staff, i.e., teaching and non-teaching in the Colleges. Section 20 of the Act provides for minimum standards of education which is to be ensured by issuance of regulations with previous sanction of the Central Government and by notification in the official Gazette. Section 33 of the Act empowers the Central Council with previous sanction of the Central Government to make regulations notified in the official Gazette. It was in accordance with Section 33 and 20 of the Act, whereby the

¶376

¶377

2025:KER:21911

¶378

WP(C) Nos.11018 of 2019 & Connected cases

¶379

regulations were framed. The Homeopathic Central Council Act, 1973 was enacted by the Parliament in exercise of its powers under Entry 66 of List I of the VII^th Schedule of the Constitution. The Homeopathic Central Councill Act, 1973 and the Regulations framed thereunder are binding on the State. Recognition of the Homeopathic Medical College, the recognition of the course and seat to be allowed in each courses are regulated by the Central Council for the Homeopathy and the Regulations framed thereunder are binding on the State Government as in the case of Medical Council of India and the regulations framed by them. This position has been clarified by the Hon’ble Apex Court in

¶380

Srivastava and Another v. State of Madhya Pradesh and

¶381

others [1999 (7) SCC 120]. The situation is similar to that of University Grants Commission Act and All India Council for Technical Education Act 1987.

¶382

This part is already admitted by the Government,

¶383

as evident in Ext.P3, the minutes of the meeting held on 14.02.2013, wherein it was resolved that the Central Council of

¶384

¶385

2025:KER:21911

¶386

WP(C) Nos.11018 of 2019 & Connected cases

¶387

Homeopathic Regulations 1983 and 2002 govern the sanction of posts and the approval of appointments for both teaching and non-teaching staff, which is an admitted fact in Ext.P4 judgment. The proposal forwarded by the Manager of the 5^th respondent College was in compliance with the Regulations. Accordingly the 1^st respondent Government by Ext.P5 Government Order dated 24.09.2016 sanctioned the staff strength in accordance with the Central Council of India Regulations 1983 and 2002. In tune with the same, University has also approved the appointments in terms of the Central Council of Homeopathy Regulations 1983 with respect to the appointments carried out from 1983 to 01.09.2002 and thereafter from 11.09.2002 in terms of 2002 Regulations.

¶388

However these issues with respect to Regulations were not raised by the Government while objecting the prayers in the writ petitions. The only issues raised were with respect to the finality of Ext.P4 judgment and the sustainability of Ext.P5 order in the light of the Rules of Business of the Government of Kerala especially under Rule 10(1) and Rule 26.

¶389

¶390

2025:KER:21911

¶391

WP(C) Nos.11018 of 2019 & Connected cases

¶392

The learned counsel for the petitioners primarily contended that Ext.P4 judgment in WP(C) No.18669/2006 and connected cases dated 13.03.2015 had become final, as the Writ Appeal preferred before the Division Bench by the State was dismissed whereby Ext.P4 judgment was upheld. Thereafter the judgment of the Division Bench was taken up before the Hon’ble Apex Court. By order dated 16.08.2016, the SLPs preferred against those WA judgments were dismissed. Thereby Ext.P4 judgment become final and the State cannot turn around question the nature of judgment. Moreover, in compliance with the directions and on finding that Ext.P4 judgment became final, the Government issued Ext.P5 order. The said order was issued after complying with the formalities contemplated under Ext.P4 judgment in tune with the Central Council of Homeopathy Regulations. Thereby the Government is estopped from raising any objection in implementing Ext.P5 Government Orders.

¶393

In compliance with the directions in Ext.P4 judgment, the Government sanctioned the posts of the 5^th

¶394

¶395

2025:KER:21911

¶396

WP(C) Nos.11018 of 2019 & Connected cases

¶397

respondent Homeopathic Medical College. The Kerala University of Health Science had approved the appointments of all the petitioners in the captioned writ petitions, after considering their respective merits with respect to their qualifications, age and other criteria specified in accordance with the Regulations 1983 and 2002 of the Central Council of Homeopathy Regulations.

¶398

The Governing Council of the University is empowered to approve the appointment of teachers in private and aided colleges under the Direct Payment System of the Government as per Section 23(XV) of the Kerala University of Health Science Act, 2010. The University accordingly scrutinized the qualifications of each candidate and approved the appointments of those individuals, whose names were included in Ext.P6 order dated 04.08.2018.

¶399

The approval of teachers appointed against posts is sanctioned by the Government in accordance with Section 57 of the Kerala University Act, 1974 since as per Section 58 of the Kerala University of the Health Science Act, 2010, the

¶400

¶401

2025:KER:21911

¶402

WP(C) Nos.11018 of 2019 & Connected cases

¶403

provisions of Section 51 to 68 of the Kerala University Act, 1974 would apply in case of private and aided colleges of the University. These provisions were also complied with insofar as the appointments were against the posts sanctioned by the Government and duly approved by the Governing Council of the Kerala University of Health Science Act. Therefore, it is contended that the appointments and approval of all the incumbents became final as objections were raised with respect to their eligibility in being appointed and in the light of the rejection of Special Leave to Appeal against the Division Bench judgment the entire issue became final.

¶404

What remains is the disbursement of salary, arrears and other allowances entitled to all the petitioners. In support of the contentions with respect to finality of the Ext.P4 judgment, the following decisions were brought to the notice of this Court. X v. Union of India [2023 KHC 6926], Union of India & others v. Major S.P. Sharma & others [2014 (6) SCC 351], M/s. Northern India Caterers (India) Ltd. v. Lt. Governor of Delhi , [1980 (2) SCC 167].

¶405

2025:KER:21911

¶406

¶407

WP(C) Nos.11018 of 2019 & Connected cases

¶408

In X v. Union of India paragraph 19 it was held :

¶409

“It is trite law that once a judgment or order attains finality, a party seeking to challenge the decision rendered may do so only by taking recourse to one of the following.

¶410

a) Invoking the jurisdiction of the Court to review the judgment or order.

¶411

b) Preferring an appeal against the judgment or order (where an appeal lies); or

¶412

c) In the case of the Supreme Court, filing a curative petition.

¶413

The reason for the availability of a limited number of routes by which a judgment can be challenged is that there must be a quietus to a dispute. Unlimited modes by which judgments or orders can be challenged would result in chaos, uncertainty and unpredictability. This is also the reason why an application for recall of an order or judgment cannot be entertained by this Court, save and except in exceptional circumstances such as where a party which is directly affected was not served with notice of the proceedings.”

¶414

23. Similarly in Union of India and others v. Major

¶415

S.P. Sharma supra in paragraph 81 and 82 it was held :

¶416

2025:KER:21911

¶417

¶418

WP(C) Nos.11018 of 2019 & Connected cases

¶419

“81. Thus, the principle of finality of litigation is based on a sound firm principle of public policy. In the absence of such a principle great oppression might result under the colour and pretence of law in as much as there will be no end to litigation. The doctrine of res-judicata has been evolved to prevent such an anarchy.

¶420

82 In a country governed by the Rule of law, finality of judgment is absolutely imperative and great sanctity is attached to the finality of the judgment and it is not permissible for the parties to reopen the concluded judgments of the Court as it would not only tantamount to merely an abuse of the process of the Court but would have far reaching adverse effect on the administration of justice. It would also nullify the doctrine of stare decisis, a well established valuable principle of precedent which cannot be departed from unless there are compelling circumstances to do so. The judgments of the Court and particularly of the Apex Court of a country cannot and should not be unsettled lightly.”

¶421

In M/s.Northern India cited supra, with respect

¶422

to finality of judgment Justice V.R. Krishna Iyyer observed that further waking up the issue by filing a review where already review petition is dismissed is like “asking for the moon”.

¶423

¶424

2025:KER:21911

¶425

WP(C) Nos.11018 of 2019 & Connected cases

¶426

The counsel argued on behalf of the petitioners also addressed the argument with respect to consultation with the Finance Department under Rule 10(1) and Rule 26 of the Rules of Business of Government of Kerala. It is after 10 years of passing of judgment dated 13.03.2015 the Government has come up with such objection in implementing the order passed in compliance with the direction of Ext.P4 judgment. In fact Ext.P4 judgment was passed after recording the submission by the learned Government Pleader on behalf of the State. At that time these contentions were not taken up on behalf of the State. In compliance with the directions in Ext.P4 judgment the proposal was forwarded by the Manager through the Principal & Controlling Officer and the posts were sanctioned by the Government and forwarded for the approval to the Kerala University of Health Sciences. By approval of such appointments by the Kerala University of Health Sciences, the only thing remaining is the disbursement of the salary and other financial benefits by the Government. In that regard Ext.P5 Government Order was issued by the Ayush Department in the Government of Kerala under Health and Family Welfare

¶427

¶428

2025:KER:21911

¶429

WP(C) Nos.11018 of 2019 & Connected cases

¶430

Department. Now by a volt face the Finance Department alone cannot come with a contention that Ext.P5 Government Order is not sustainable as it has not obtained the concurrence from the Finance Department.

¶431

Rule 10(1) of the Rules of Business of the Government of Kerala states “no department shall without previous consultation with the Finance Department authorise any order (other than orders pursuant to any general delegation made by the finance department) which either immediately or by their repercussion, will affect finance of the state.” According to the petitioners, this contention based on Rule 10(1) will not sustain since Ext.P5 order was issued in compliance with directions in Ext.P4 which is a consensual order. The staff pattern was approved by the Government as the same is in accordance with the Central Council of Homeopathic Regulations 1983 and 2002. As per Part II Serial No.2 of the Rules of Business, the distribution of business between the department of Secretariat and the Ayush Department is included as second therein and all matters

¶432

¶433

2025:KER:21911

¶434

WP(C) Nos.11018 of 2019 & Connected cases

¶435

relating to educational institutions in Ayush under Government, including private and Aided, including allotment of new institutions, subjects and service matters of their staffs etc are the business of Ayush Department. The Finance Department has no role to play in the approval of staff pattern and appointment of teachers in colleges under direct payment system in Ayush Department. The role of Finance Department comes only when it affects the finance of the State.

¶436

In this case that only come with respect to granting of arrears with effect from 01.09.2002, the date on which the 5^th respondent come under the Direct Payment System or from the date of appointment of the petitioners as in the case of petitioners herein. Even that power cannot be exercised since Ext.P4 judgment directed to sanction the staff pattern, posts and approval of the teachers by the University and on such sanctioning and approval, the entire arrears and monetary benefits are to be released and the judgment became final by the dismissal of SLP. Hence, the Finance

¶437

2025:KER:21911

¶438

¶439

WP(C) Nos.11018 of 2019 & Connected cases

¶440

Department cannot take a different stand against the directions in Ext.P4 judgment.

¶441

Similarly, Rule 26 of Rules of Business stipulates in case of extreme urgency the consultation and placing before the Cabinet could be overlooked. The compliance with the directions in the judgment of this Court, as upheld by the Division Bench, and the Apex Court itself, is an extremely urgent situation, which necessitated the issuance of orders by the concerned department. This is the circumstance in which the Ayush Department without consulting the Finance Department issued orders, on the strength of the directions of the Law Department in accordance with the directions in Ext.P4 judgment.

¶442

If the Government is of the opinion that Ext.P5 Government Order is bad, it had sufficient time and opportunity to cancel or rescind its own order on assigning sufficient reason, which has not been done till date or sought for any review or clarification of Ext.P4 judgment. In the absence of any such move, the government cannot take a

¶443

¶444

2025:KER:21911

¶445

WP(C) Nos.11018 of 2019 & Connected cases

¶446

different stand in complying with the directions in Ext.P4 judgment and implementation of Ext.P5 Government Order. The learned counsel for the petitioner argued that the decisions relied on by the Special Government Pleader in support of his contention are not sustainable. On accepting this contention after going through the following decisions pointed out by the learned Special Government Pleader for Finance, I am of the considered opinion that those decisions have no relevance in the case on hand.

¶447

The learned Special Government Pleader produced the decision of the Hon’ble Apex Court in Manish Kumar v. Union of India and Another[ (2021) 5 SCC 1] , Union of India and another v. Karthick Chandra Mondal and Another[2010 KHC 4031], Rajendra Prataprao Mane and Others v. Sadashivrao Mandalik K.T.S.S.K.3 Ltd and Others[ 2012 KHC 4182], Bansal v. State of Rajasthan[ 2003 KHC 697] and MRF v. Manohar Parrikar and Others [(2010) 11 SCC 374].

¶448

¶449

2025:KER:21911

¶450

WP(C) Nos.11018 of 2019 & Connected cases

¶451

In MRF v. Manohar Parrikar and Others

¶452

(supra), it was held that where the Rules of Business contain prohibitive or negative words, they are indicative of the intent that the provision is mandatory; in matters relating to revenue or finance rigorous observance of the Rules is essential; when the cabinet alone is competent to take a decision or where the Finance Department has conveyed its disagreement or where there is no prior consultation with the finance department, the decision of the individual Minister is liable to be quashed; where the Rules of Business have not been complied with, then the decision/communication cannot be termed as a government decision and an individual functionary cannot bypass the Rules of Business and the requirement for certain matters to be placed before the Council of Ministers.

¶453

In Bansal v. State of Rajasthan (supra) it was

¶454

held that till the advice of the council of ministers is accepted by the Governor, views of the Council of Ministers does not get crystallized into action of the State. On going by the contentions and on the basis of the aforementioned decisions,

¶455

¶456

2025:KER:21911

¶457

WP(C) Nos.11018 of 2019 & Connected cases

¶458

it appears that those decisions have no application since, I found that Ext.P4 judgment became final. Ext.P5 is the consequential order passed by the Government which need to be implemented. The challenge raised against such order by the Special Government Pleader, on the basis of violation of Rules of Business, will not sustain.

¶459

Further it is contended that since there is no argument of infirmity with respect to the qualification and eligibility of the petitioners in the light of Exts.P5 and P6, the petitioners are entitled for salary and arrears.

¶460

The other argument raised by the learned Special Government Pleader is that non convening of the Selection Committee will negate the appointments. Such an argument is raised without considering the facts involved in this case. None of the appointments in the 5^th respondent College were carried out by a Selection Committee since the Government had not allotted its nominee despite the intimation from the College requiring the Government to delegate its nominee for the Selection Committee to facilitate appointment to various posts.

¶461

¶462

2025:KER:21911

¶463

WP(C) Nos.11018 of 2019 & Connected cases

¶464

Moreover, this contention is taken for the first time while defending the prayers to implement Ext.P5. Such contentions were never taken in any stage during the finalisation of Ext.P4 judgment.

¶465

The learned counsel for the petitioner in WP(C) No.35561 of 2018 is primarily stressing on the inter se seniority between the petitioner therein and respondents 7 to 9. She initially joined as Guest Lecturer in 5^th respondent college on 10.01.2003. Thereafter, she was appointed as Tutor in Materia Medica Department, with effect from the date of her initial appointment as Guest Lecturer. This was in compliance with Kerala State Homeopathic Medical College Services Rules dated 19.3.2001. Later, under the agreement dated 21.06.2003, the 5^th respondent College and the Government entered into an agreement under the Direct Payment System.

¶466

As per paragraph 6.1 of the agreement there shall be a selection committee for the selection of teaching staff for appointment and as per para 7.1 all future appointment towards teaching staff shall be made by educational agency

¶467

¶468

2025:KER:21911

¶469

WP(C) Nos.11018 of 2019 & Connected cases

¶470

only from the list of persons prepared by the selection committee. Thereby the appointment to both teaching and non teaching staffs on and from 21.06.2003 shall be only through a selection committee. According to the petitioner, the petitioner was appointed on 10.01.2003 as per the Special Rules, prior to execution of the agreement between the college and the Government. Therefore, she cannot be equated with the other incumbents, whose appointments were as per Ext.P5 and they cannot be considered together. On these primary backgrounds, the petitioner in the afore writ petition challenges Exts.P5 and P6 orders without bringing all the affected persons in the party array.

¶471

The challenge raised is against the entire order and is not limited to the extent that it affects the seniority of the incumbents in the Department of Materia Medica. Therefore, the challenges raised in this writ petition cannot be considered together. Moreover, it appears that if such challenge is allowed, that will affect majority of the incumbents under the 5^th respondent college, who were not properly

¶472

¶473

2025:KER:21911

¶474

WP(C) Nos.11018 of 2019 & Connected cases represented in the writ petition. On that background itself, the arguments raised by the learned counsel for the petitioner were not worth to consider.

¶475

On accepting the contentions raised by the side of the petitioners in all the other writ petitions, I find that there is nothing to controvert the arguments of the learned counsel for the petitioners in all the other writ petitions. Hence, all those writ petitions are allowed and WP(C) No.35561 of 2018 is dismissed.

sd/-

das

2025:KER:21911

¶480

WP(C) Nos.11018 of 2019 & Connected cases

¶481

APPENDIX OF WP(C) 11018/2019

¶482

PETITIONER EXHIBITS

¶483

`EXHIBIT P1`	`TRUE COPY OF THE APPOINTMENT ORDER` `ISSUED TO THE PETITIONER DATED` `01.04.2011.`
`EXHIBIT P2`	`TRUE COPY OF THE ORDER DATED 30.03.2012` `APPOINTING THE PETITIONER AS LECTURER.`
`EXHIBIT P3`	`TRUE COPY OF THE MINUTES OF THE MEETING` `HELD ON 14.02.2013`
`EXHIBIT P4`	`TRUE COPY OF THE JUDGMENT IN` `WP(C)NO.7689 OF 2015 DATED 13.03.2015.`
`EXHIBIT P5`	`TRUE COPY OF THE ORDER DATED 24.09.2016` `ISSUED BY THE HOMOEO MEDICAL EDUCATION` `DEPARTMENT.`
`EXHIBIT P6`	`TRUE COPY OF THE ORDER DATED 04.08.2018` `ISSUED BY THE 3RD RESPONDENT UNIVERSITY` `ALONG WITH RELEVANT EXTRACTS OF THE` `APPENDIX.`
`EXHIBIT P7`	`TRUE COPY OF THE JUDGMENT IN WP(C)` `23504 OF 2016 DATED 22.02.2019.`
`Exhibit P8`	`TRUE COPY OF THE OPINION FURNISHED BY` `THE LAW DEPARTMENT OBTAINED UNDER THE` `PROVISIONS OF RTI ACT`
`Exhibit P9`	`THE LAW DEPARTMENT REITERATED ITS` `EARLIER OPINION. TRUE COPY OF THE LEGAL` `OPINION FURNISHED BY THE LAW DEPARTMENT` `ON 03.08.2022`

¶484

Exhibit P10A TRUE COPY OF THE LEGAL OPINION DATED
16.06.2021 PROVIDED BY THE OFFICE OF
THE LEARNED ADVOCATE GENERAL TO THE
AYUSH (B) DEPARTMENT

¶485

¶486

2025:KER:21911

¶487

WP(C) Nos.11018 of 2019 & Connected cases

¶488

Exhibit P11THE LETTER DATED 26.08.2021 ISSUED BY
THE AYUSH DEPARTMENT ALONGWITH EXT. P10
TO SHRI MANU C

¶489

RESPONDENT EXHIBITS

¶490

`Exhibit R1(a)`	`True copy of the order GO(MS)` `No.184/2003/HFWD dated 03-09-2003`
`Exhibit R1(b)`	`True copy of the Homeopathy(Minimum` `Standards of Education) Regulation 1983`
`Exhibit R1(c)`	`True copy of the Homeopathy(Minimum` `Standards of Education) Amended` `Regulation 2002`
`Exhibit R1(d)`	`True copy of GO(MS) No.203/2006/HFWD` `dated 22-09-2006`
`Exhibit R1(e)`	`True copy of the order GO(MS)` `No.346/2008/HFWD dated 09-07-2008`
`Exhibit R1(f)`	`True copy of the order GO(MS)` `No.376/2009/HFWD dated 30-10-2009`
`Exhibit R1(g)`	`True copy of the agreement made between` `the Management and the Government dated` `21-06-2003`
`EXHIBIT R6(d)`	`TRUE COPY OF THE ORDER DATED 22.11.2019` `IN S.L.P NO. 27213/2019.`
`EXHIBIT R6(c)`	`TRUE COPY OF THE JUDGMENT DATED` `09.10.2019 IN W.A NO. 2061/2019.`
`EXHIBIT R6(b)`	`TRUE COPY OF THE MEMORANDUM OF WRIT` `APPEAL FILED BY THE 1ST RESPONDENT, AS` `W.A NO. 2061/2019.`
`EXHIBIT R6(a)`	`TRUE COPY OF THE RELEVANT EXTRACT OF` `THE CENTRAL COUNCIL OF HOMOEOPATHY`

¶491

¶492

2025:KER:21911

¶493

WP(C) Nos.11018 of 2019 & Connected cases

¶494

(MINIMUM STANDARDS OF EDUCATION)
REGULATIONS 1983, AMENDED UPTO 2002.

¶495

¶496

2025:KER:21911

¶497

WP(C) Nos.11018 of 2019 & Connected cases

¶498

APPENDIX OF WP(C) 25113/2019

¶499

PETITIONER EXHIBITS

¶500

EXHIBIT P1TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO.27140/2008 OF THIS HON'BLE COURT.
EXHIBIT P2TRUE COPY OF THE GOVERNMENT ORDER DATED
24.09.2016 VIDE G.O.RT
NO.473/2016/AYUSH.
EXHIBIT P3TRUE COPY OF THE JUDGMENT IN WP(C)
NO.12192 OF 2017 OF THIS HON'BLE COURT.
EXHIBIT P4TRUE COPY OF THE ORDER DATED
04.08.2018, ISSUED BY THE 4TH
RESPONDENT.
EXHIBIT P5TRUE COPY OF THE INTERIM ORDER PASSED
BY THIS HON'BLE COURT IN WP(C) NO.31250
OF 2010.
EXHIBIT P6TRUE COPY OF THE INTERIM ORDER DATED
25.07.2019.

¶501

RESPONDENT EXHIBITS

¶502

`Exhibit R1(a):`	`A true copy of the order` `GO(MS)No.184/2003/H and FWD dated 03-` `09-2003.`
`Exhibit R1(b):`	`A true copy of the relevant pages of` `Homoeopathy (minimum standards of` `education Regulation 1983`
`Exhibit R1(c):`	`A true copy of the Homoeopathy (minimum` `standards of education)Amended` `Regulation 2002`
`Exhibit R1(e):`	`A true copy of GO(MS)No.203/2006/H and` `FWD dated 22-09-2006`

¶503

¶504

2025:KER:21911

¶505

WP(C) Nos.11018 of 2019 & Connected cases

¶506

`Exhibit (f):`	`A true copy of GO(MS)No.346/2008/H and` `FWD dated 09-07-2008`
`Exhibit R1(g):`	`A true copy of GO(MS)No.376/2009/H and` `FWD dated 30-10-2009`
`Exhibit R1(h):`	`A true copy of the agreement made` `between the management and the` `Government dated 21-06-2003`

¶507

¶508

2025:KER:21911

¶509

WP(C) Nos.11018 of 2019 & Connected cases

¶510

APPENDIX OF WP(C) 25138/2019

¶511

PETITIONER EXHIBITS

¶512

`EXHIBIT P1`	`TRUE COPY OF THE JUDGMENT IN W.P(C) NO.` `27140/2008 OF THIS HON'BLE COURT`
`EXHIBIT P2`	`TRUE COPY OF THE GOVERNMENT ORDER DATED` `24-09-2016 VIDE G.ORT NO.` `473/2016/AYUSH`
`EXHIBIT P3`	`TRUE COPY OF THE JUDGMENT IN W.P(C) NO.` `12192 OF 2017 OF THIS HON'BLE COURT`
`EXHIBIT P4`	`TRUE COPY OF THE ORDER DATED 04-08-2018` `ISSUED BY THE 4TH RESPONDENT`
`EXHIBIT P5`	`TRUE COPY OF THE INTERIM ORDER PASSED` `BY THIS HON'BLE COURT IN W.P(C) NO.` `31250 OF 2010`
`EXHIBIT P6`	`TRUE COPY OF THE INTERIM ORDER DATED` `25-07-2019 OF THIS HON'BLE COURT.`
`Exhibit-P7`	`True copy of the order dated 18.11.2020` `passed by the Hon’ble Supreme Court in` `SLP(C) No. 10603/2020`

¶513

RESPONDENT EXHIBITS

¶514

`Exhibit R1 (a)`	`True copy of the order GO(MS) No.` `184/2003 H AND FWD dated 03.09.2003`
`Exhibit R1 (b)`	`True copy of the Homoeopathy (Minimum` `Standards of Education ) Regulation` `1983`
`Exhibit R1 (c)`	`True copy of the relevant pages of the` `Homoeopathy (Minimum Standards of` `Education) Amended Regulation 2002`
`Exhibit R1 (d)`	`True copy of GO(MS) No. 203/2006/H and`

¶515

¶516

2025:KER:21911

¶517

WP(C) Nos.11018 of 2019 & Connected cases

¶518

FWD dated 22.09.2006

¶519

Exhibit R1 (e)True copy of the GO (MS) No. 346/2008/H
and FWD dated 09.07.2008
Exhibit R1 (f)True copy of the GO(MS) No.376/2009/H
and FWD dated 30.10.2009
Exhibit R1 (g)True copy of the Agreement made between
the Management and the Government dated
21.06.2003

¶520

¶521

2025:KER:21911

¶522

WP(C) Nos.11018 of 2019 & Connected cases

¶523

APPENDIX OF WP(C) 26976/2019

¶524

PETITIONER EXHIBITS

¶525

EXHIBIT P1TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO.27140/2008 OF THIS HON'BLE COURT

¶526

EXHIBIT P2TRUE COPY OF THE GOVERNMENT ORDER DATED
24-09-2016 VIDE
G.O.RT.NO.473/2016/AYUSH

¶527

EXHIBIT P3TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO.12192 OF 2017 OF THIS HON'BLE COURT

¶528

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 04-08-2018 ISSUED BY THE 4TH RESPONDENT

¶529

EXHIBIT P5TRUE COPY OF THE INTERIM ORDER PASSED
BY THIS HON'BLE COURT IN W.P.(C)
NO.31250 OF 2010

¶530

EXHIBIT P6TRUE COPY OF THE INTERIM ORDER DATED
25-07-2019

¶531

Exhibit-P7True copy of the order passed by the
Hon’ble Supreme Court in SLP(C) No.
10603/2020 dated 18.11.2020.

¶532

RESPONDENT EXHIBITS

¶533

EXHIBIT R1(a)TRUE COPY OF THE ORDER GO(MS)184-2003-
HEALTH AND FAMILY WELFARE DEPT DATED 3-
9-2003
EXHIBIT R1(b)TRUE COPY OF THE HOMEOPATHY (MINIMUM
STANDARDS OF EDUCATION ) REGULATION
1983
EXHIBIT R1(c)TRUE COPY OF THE HOMEOPATHY (MINIMUM
STANDARDS OF EDUCATION)AMENDED
REGULATION ,2002

¶534

2025:KER:21911

¶535

¶536

WP(C) Nos.11018 of 2019 & Connected cases

¶537

EXHIBIT R1(e)TRUE COPY OF GO(MS)NO203-2006-HEALTH
AND FAMILY WELFARE DEPT DATED 22-9-2006
EXHIBIT R1(f)TRUE COPY OF GO(MS) 346-2008-HEALTH AND
FAMILY WELFARE DEPT DATED 9-7-2008
EXHIBIT R1(g)TRUE COPY OF GO(MS) NO376-2009-HEALTH
AND FAMILY WELFARE DEPT DATED 30-10-
2009
EXHIBIT R1(h)TRUE COPY OF THE AGREEMENT MADE BETWEEN
THE MANAGEMENT AND THE GOVERNMENT
DATED21-6-2003

¶538

¶539

2025:KER:21911

¶540

WP(C) Nos.11018 of 2019 & Connected cases

¶541

APPENDIX OF WP(C) 30913/2019

¶542

PETITIONER EXHIBITS

¶543

`EXHIBIT P1`	`TRUE COPY OF THE JUDGMENT IN W.P.` `(C)NO.27140/2008 OF THIS HON'BLE COURT.`
`EXHIBIT P2`	`TRUE COPY OF THE GOVERNMENT ORDER DATED` `24.9.2016 VIDE G.O.RT` `NO.473/2016/AYUSH.`
`EXHIBIT P3`	`TRUE COPY OF THE JUDGMENT IN` `WPC.NO.12192 OF 2017 OF THIS HON'BLE` `COURT.`
`EXHIBIT P4`	`TRUE COPY OF THE ORDER DATED 4.8.2018` `ISSUED BY THE 5TH RESPONDENT.`
`EXHIBIT P5`	`TRUE COPY OF THE INTERIM ORDER PASSED` `BY THIS HON'BLE COURT IN WPC.NO.31250` `OF 2010.`
`EXHIBIT P6`	`TRUE COPY OF THE INTERIM ORDER DATED` `25.7.2019 OF THIS HON'BLE COURT.`
`Exhibit-P7`	`True copy of the Govt. order dated 26-` `02-2011 vide G.O. (MS) No. 137/2011/H` `and FWD`
`Exhibit-P8`	`True copy of the Govt. order dated 18-` `06-2012 vide G.O. (MS) No. 185/2012/H` `and FWD`
`Exhibit-P9`	`True copy of the judgment dated` `09.10.2019 in writ appeal No. 1977/2019` `and connected cases`
`Exhibit-P10`	`True copy of the interim order passed` `in SLP Civil No.27213/2019 dated 22-11-` `2019`
`Exhibit-P11`	`True copy of the interim order passed`

¶544

¶545

2025:KER:21911

¶546

WP(C) Nos.11018 of 2019 & Connected cases

¶547

by the Hon’ble Supreme court dated 18-
11-2020 in SLP Civil No.10603/2020

¶548

RESPONDENT EXHIBITS

¶549

EXHIBIT R1(a)A TRUE COPY OF THE ORDER
GO(MS)NO.184/2003/H AND FWD DATED 03-
09-2003

¶550

EXHIBIT R1(b)A TRUE COPY OF THE RELEVANT PAGES
HOMOEOPATHY (MINIMUM STANDARDS OF
EDUCATION )REGULATION 1983

¶551

EXHIBIT R1(c)A TRUE COPY OF THE HOMOEOPATHY (MINIMUM
STANDARDS OF EDUCATION )AMENDED
REGULATION 2002

¶552

EXHIBIT R1(d)A TRUE COPY OF GO(MS)NO.203/2006/H AND
FWD DATED 22-09-2006

¶553

EXHIBIT R1(e)A TRUE COPY OF GO(MS)NO.346/2008/H AND
FWD DATED 09-07-2008

¶554

EXHIBIT R1(f)A TRUE COPY OF GO(MS)NO.376/2009/H AND
FWD DATED 30-10-2009

¶555

EXHIBIT R1(g)A TRUE COPY OF THE AGREEMENT MADE
BETWEEN THE MANAGEMENT AND THE
GOVERNMENT DATED 21.06.2003

¶556

¶557

2025:KER:21911

¶558

WP(C) Nos.11018 of 2019 & Connected cases

¶559

APPENDIX OF WP(C) 30892/2019

¶560

PETITIONER EXHIBITS

¶561

`EXHIBIT P1`	`TRUE COPY OF THE JUDGMENT IN WPC NO.` `27140/2008 OF THIS HONBLE COURT.`
`EXHIBIT P2`	`TRUE COPY OF THE GOVERNMENT ORDER DATED` `24.09.2016 VIDE G.O. RT NO.` `473/2016/AYUSH.`
`EXHIBIT P3`	`TRUE COPY OF THE JUDGMENT IN WPC NO.` `12192 OF 2017 OF THIS HONBLE COURT.`
`EXHIBIT P4`	`TRUE COPY OF THE ORDER DATED 04.08.2018` `ISSUED BY THE 4TH RESPONDENT.`
`EXHIBIT P5`	`TRUE COPY OF THE INTERIM ORDER PASSED` `BY THIS HONBLE COURT IN WPC NO. 31250` `OF 2010.`
`EXHIBIT P6`	`TRUE COPY OF THE INTERIM ORDER DATED` `25.07.2019 OF THIS HONBLE COURT.`
`Exhibit-P7`	`True copy of the Govt. order dated 26-` `02-2011 vide G.O. (MS) No. 137/2011/H` `and FWD`
`Exhibit-P8`	`True copy of the Govt. order dated 18-` `06-2012 vide G.O. (MS) No. 185/2012/H` `and FWD`
`Exhibit-P9`	`True copy of the judgment dated` `09.10.2019 in writ appeal No. 2061/2019` `and connected cases in writ appeal No.` `2061/2019 and connected cases`
`Exhibit-P10`	`True copy of the interim order passed` `in SLP Civil No.27213/2019 dated 22-11-` `2019`
`Exhibit-P11`	`. True copy of the interim order passed`

¶562

¶563

2025:KER:21911

¶564

WP(C) Nos.11018 of 2019 & Connected cases

¶565

by the Hon’ble Supreme court dated 18-
11-2020 in SLP Civil No.10603/2020

¶566

RESPONDENT EXHIBITS

¶567

Exhibit R1(a):A true copy of the order
GO(MS)No.184/2003/H and FWD dated 03-
09-2003
Exhibit R1(b):A true copy of the relevant pages
Homoeopathy (minimum standards of
education)regulation 1983

¶568

Exhibit R1(c):A true copy of the Homoeopathy (minimum
standards of education )Amended
regulation 2002
Exhibit R1(e):A true copy of the GO(MS)No.203/2006/H
and FWD dated 22-09-2006
Exhibit R1(f):A true copy of GO(MS)No.346/2008/H and
FWD dated 09-07-2008
Exhibit R1(g):A true copy of GO(MS)No.376/2009/H and
FWD dated 30-10-2009

¶569

Exhibit R1(h)A true copy of the agreement made
between the Management and the
Government dated 21-06-2003

¶570

2025:KER:21911

¶571

¶572

WP(C) Nos.11018 of 2019 & Connected cases

¶573

APPENDIX OF WP(C) 35561/2018

¶574

PETITIONER EXHIBITS

¶575

EXHIBIT P1TRUE COPY OF THE GO (RT) NO 3672/78/HD
DATED 14.12.1978 AND THE BYE LAW OF
SREE VIDYADHIRAJA HOMEOPATHIC MEDICAL
COLLEGE,THIRUVANANTHAPURAM APPENDED TO
IT.
EXHIBIT P2TRUE COPY OF THE ORDER NO 25 DATED
23.4.2003 OF THE SECRETARY SREE
VIDYADHIRAJA VIDYA SAMAJAM, APPOINTED
AS TUTOR IN THE MATERIA MEDICA
DEPARTMENT.
EXHIBIT P2TRUE COPY OF THE RELEVANT EXTRACT OF
THE KERALA STATE HOMEOPATHIC MEDICAL
COLLEGES SERVICE RULES PUBLISHED BY THE
GOVERNMENT OF KERALA,HEATH AND FAMILY
WELFARE DEPARTMENT AS PER GO(P) NO
79/2001/H AND FWD DATED 19.3.2001.
EXHIBIT P3TRUE COPY OF THE AGREEMENT ENTERED INOT
BETWEEN THE GOVERNMENT AND THE
SECRETARY SREE VIDYADHIRAJA VIDYA
SAMAJAM ON 21.6.2003.
EXHIBIT P4TRUE COPY OF THE GO(RT) NO 945/04/H AND
FWD DATED 27.3.2004.
EXHIBIT P5TRUE COPY OF THE ORDER NO 85 DATED
10.6.2005 OF THE SECRETARY SREE
VIDYADHIRAJA VIDYA SAMAJAM.
EXHIBIT P6TRUE COPY OF THE GO(MS) NO 346/2008/H
AND FWD DATED 9.7.2008

¶576

EXHIBIT P7
EXHIBIT P8TRUE COPY OF THE ORDER NO
AC.F.V/21341/2010 DATED 16.4.2010 OF
THE REGISTRAR, UNIVERSITY OF KERALA.

¶577

¶578

2025:KER:21911

¶579

WP(C) Nos.11018 of 2019 & Connected cases

¶580

EXHIBIT P9TRUE COPY OF THE GO(MS) NO 137/2011/H &
FWD DATED 26.2.2011.

¶581

EXHIBIT P10TRUE COPY OF THE GO(MS) NO 185/2012/H &
FWD DATED 18.6.2012.

¶582

EXHIBIT P11TRUE COPY OF THE GO(MS) NO 213/2012/H &
FWD DATED 7.7.2012

¶583

EXHIBIT P12TRUE COPY OF THE JUDGMENT DATED
13.3.2015 OF THIS HON'BLE COURT IN WPC
NO 18669/2006

¶584

EXHIBIT P13TRUE COPY OF THE LETTER NO
171/J2/2015/H & FWD DATED 26.7.2015 OF
THE 1ST RESPONDENT.

¶585

EXHIBIT P14TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN W.A NO 1684/2015 IN
WPC NO 27140/2008

¶586

EXHIBIT P15TRUE COPY OF THE JUDGMENT DATED
1.3.2016 OF THIS HON'BLE COURT IN WA NO
2498/2015 WPC NO 18669/2006

¶587

EXHIBIT P16TRUE COPY OF THE GO(RT) NO
473/2016/AYUSH DATED 24.9.2016

¶588

EXHIBIT P17TRUE COPY OF THE REPRESENTATION DATED
3.1.2017 SUBMITTED BY THE FATHER OF THE
PETITIONER BEFORE THE 3RD RESPONDENT.

¶589

EXHIBIT P18TRUE COPY OF THE REPRESENTATION DATED
27.1.2017 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT.

¶590

EXHIBIT P19TRUE COPY OF THE ORDER NO
6772/ACI/GEN/A3/15/KUHS DATED 4.8.2018
OF THE 3RD RESPONDENT.

¶591

EXHIBIT P20TRUE COPY OF THE REPRESENTATION DATED

¶592

2025:KER:21911

¶593

¶594

WP(C) Nos.11018 of 2019 & Connected cases

¶595

11.9.2018 SUBMITTED BY THE FATHER OF THE PETITIONER BEFORE THE HON'BLE MINISTER FOR FINANCE.

¶596

`EXHIBIT`	`P21` `TRUE COPY OF HE APPLICATION DATED` `10.08.2018 SUBMITTED BY THE APPLICANT` `BEFORE THE PUBLIC INFORMATION OFFICER,` `GOVT.HOMOEOPATHIC MEDICAL COLLEGE,UNDER` `RIGHT TO INFORMATION ACT`
`EXHIBIT`	`P22` `TRUE COPY OF THE REPLY DATED 17.09.2018` `OF THE STATE PUBLIC INFORMATION OFFICER` `TO EXT.P21 APPLICATION`
`EXHIBIT`	`P23` `TRUE COPY OF THE ORDER NO.018/2013/AC` `II/KUHS/2012 DATED 31.01.2013 OF THE` `KERALA UNIVERSITY OF HEALTH SCIENCES`
`EXHIBIT`	`P24` `TRUE COPY OF THE ORDER NO.1179/AC` `H/KUHS/2015 DATED 11.02.2016 OF THE` `KERALA UNIVERSITY OF HEALTH SCIENCES`
`EXHIBIT`	`P25` `TRUE COPY OF THE APPLICATION DATED` `12.11.2018, ADDRESSED TO THE STATE` `PUBLIC INFORMATION OFFICER, ANSS,` `HOMOEO MEDICAL COLLEGE, KURICHI UNDER` `RIGHT TO INFORMATION ACT.`

¶597

`EXHIBIT P26`	`TRUE COPY OF THE LETTER`
	`NO.HC/929/A1/2018 DATED 18.12.2018 OF`
	`THE STATE PUBLIC INFORMATION OFFICER,`
	`ANSS HOMOEO MEDICAL COLLEGE, KURICHI`

¶598

`EXHIBIT P27`	`TRUE COPY OF THE ORDER NO.018/2013/AC` `II/KUHS/2012 DATED 31.01.2013 OF THE` `KERALA UNIVERSITY OF HEALTH SCIENCES`
`EXHIBIT P28`	`TRUE COPY OF THE JUDGMENT IN WPC.` `NO.25765/2008 DATED 10.03.2011 OF THIS` `HON’BLE COURT`
`EXHIBIT P29`	`TRUE COPY OF THE APPLICATION DATED` `12.06.2020, SUBMITTED BY THE FATHER OF`

¶599

¶600

2025:KER:21911

¶601

WP(C) Nos.11018 of 2019 & Connected cases

¶602

THE PETITIONER, TO THE STATE PUBLIC
INFORMATION OFFICER, FINANCE
DEPARTMENT, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM UNDER RIGHT TO
INFORMATION ACT.

¶603

EXHIBIT P30TRUE COPY OF THE REPLY DATED 27.08.2020
OF THE UNDER SECRETARY AND STATE PUBLIC
INFORMATION OFFICER-II, FINANCE
DEPARTMENT TO EXT.P29 APPLICATION OF
THE PETITIONER

¶604

EXHIBIT P31TRUE COPY OF THE DO LETTER
NO.1336040/HLT-B1/110/2019-FIN DATED
17.03.2020 OF THE SECRETARY TO
GOVERNMENT, FINANCE DEPARTMENT
ADDRESSED TO THE SECRETARY, DEPARTMENT
OF AYUSH

¶605

EXHIBIT P32TRUE COPY OF THE MEMORANDUM OF WA
NO.287/2020 WITHOUT ITS ENCLOSURES
Exhibit P33TRUE COPY OF THE APPLICATION DATED
10.04.2023 FILED BY THE FATHER OF THE
PETITIONER UNDER RIGHT TO INFORMATION
ACT, ADDRESSED TO THE STATE PUBLIC
INFORMATION 24-26 OFFICER, AYUSH
DEPARTMENT.

¶606

Exhibit P34True copy of the his letter
No.B2/66/2023-AYUSH dated 20.04.2023,
of the State Public Information Officer
to the father of the petitioner

¶607

Exhibit P35True copy of the Kerala State
Homoeopathic Medical Education
(Teaching) Services Special Rules 2019
issued vide G.O.(P)No.6/2019/Ayush
dated 11.03.2019, published in the
Kerala Gazette Extra Ordinary No.736
dated 18.03.2019

¶608

Exhibit P36TRUE COPY OF THE

¶609

¶610

2025:KER:21911

¶611

WP(C) Nos.11018 of 2019 & Connected cases

¶612

GO(RT)NO.156/2023/AYUSH DATED 11.5.2023

¶613

Exhibit P37TRUE COPY OF THE STATEMENT CUM
PAY/INCREMENT ARREAR BILL OF THE
APPLICANT WITH EFFECT FROM 01.01.2021
TO 31.12.2022, REFERRING TO THE
APPLICANT AS WORKING IN THE POST OF
TUTOR

¶614

Exhibit P38TRUE COPY OF THE SALARY BILLS, FOR THE
MONTH OF APRIL 2023 OF THE OTHER
TEACHERS IN THE SREE VIDHYADHIRAJA
HOMOEOPATHIC MEDICAL COLLEGE, WORKING
IN THE POST OF TUTORS, DRAWING THEIR
SALARY IN THE POST OF TUTORS, WHICH IS
OBTAINED UNDER RIGHT TO INFORMATION
ACT, ALONG WITH THE APPLICATION

¶615

RESPONDENT EXHIBITS

¶616

EXHIBIT R7(a)THE PHOTOSTAT COPY OF THE ORDER
NO.SVVS/141(65)/2016 DATED 6-10-2016
ISSUED BY THE SECRETARY(SVV SAMAJAM) TO
THE 7TH RESPONDENT

¶617

EXHIBIT R7(b)THE PHOTOSTAT COPY OF THE ORDER
NO.SVVS/141(66)/2016 DATED 6-10-2016
ISSUED BY THE SECRETARY(SVV SAMAJAM) TO
THE 7TH RESPONDENT

¶618

EXHIBIT R1(f)TRUE COPY OF GO(MS) 346-2008-HEALTH AND
FAMILY WELFARE DEPARTMENT DATED 9-7-
2008

¶619

EXHIBIT R1(a)TRUE COPY OF THE ORDER GO(MS)184-2003-
HEALTH AND FAMILY WELFARE DEPARTMENT
DATED 3-9-2003

¶620

EXHIBIT R1(c)TRUE COPY OF THE HOMEOPATHY(MINIMUM
STANDARDS OF EDUCATION ) AMENDED
REGULATION 2002

¶621

2025:KER:21911

¶622

¶623

WP(C) Nos.11018 of 2019 & Connected cases

¶624

EXHIBIT R1(e)TRUE COPY OF GO(MS) NO203-2006-HEALTH
AND FAMILY WELFARE DEPT DATED 22-9-2006
EXHIBITR1(g)TRUE COPY OF GO(MS) 376-2009-HEALTH AND
FAMILY WELFARE DEPT DATED 30-10-2009
EXHIBIT R1(b)TRUE COPY OF THE RELEVANT PAGES OF
HOMOEOPATHY REGULATION (MINIMUM
STANDARDSOF EDUCATION) ,1983
EXHIBIT R1(h)TRUE COPY OF THE AGREEMENT MADE BETWEEN
THE MANAGEMENT AND THE GOVERNMENT DATED
21.6.2003

¶625

¶626

2025:KER:21911

¶627

WP(C) Nos.11018 of 2019 & Connected cases

¶628

APPENDIX OF WP(C) 35745/2018

¶629

PETITIONER EXHIBITS

¶630

`EXHIBIT P1`	`TRUE COPY OF THE JUDGMENT IN` `WPC.27140/2008 OF THIS HON'BLE COURT`
`EXHIBIT P2`	`TRUE COPY OF THE GOVERNMENT ORDER DATED` `24.9.2016 VIDE G.O.RT NO.473/2016/AYUSH`
`EXHIBIT P3`	`TRUE COPY OF THE JUDGMENT IN` `WPC.12192/2017 OF THIS HON'BLE COURT`
`EXHIBIT P4`	`TRUE COPY OF THE ORDER DATED 4.8.2018` `ISSUED BY THE 4TH RESPONDENT`
`EXHIBIT P5`	`TRUE COPY OF THE INTERIM ORDER PASSED BY` `THIS HON'BLE COURT IN WPC.31250/2010`
`Exhibit-P6`	`True copy of the Govt. order dated 26-` `02-2011 vide G.O. (MS) No. 137/2011/H` `and FWD`
`Exhibit-P7`	`True copy of the Govt. order dated 18-` `06-2012 vide G.O. (MS) No. 185/2012/H` `and FWD`
`Exhibit-P8`	`True copy of the judgment in writ appeal` `No. 2061/2019 and connected cases`
`Exhibit-P9`	`True copy of the interim order passed in` `SLP Civil No.27213/2019 dated 22-11-2019`
`Exhibit-P10`	`. True copy of the interim order passed` `by the Hon’ble Supreme court dated 18-` `11-2020 in SLP Civil No.10603/2020`

¶631

RESPONDENT EXHIBITS

¶632

EXHIBIT R1(a)TRUE COPY OF THE GO(MS) 184-2003-HEALTH
AND FAMILY WELFARE DEPT

¶633

¶634

2025:KER:21911

¶635

WP(C) Nos.11018 of 2019 & Connected cases

¶636

EXHIBIT R1(b)TRUE COPY OF THE HOMEOPATHY (MINIMUM
STANDArds OF EDUCATION)
EXHIBITR1(c)TRUE COPY OF THE HOMEOPATHY (MINIMUM
STANDARDS OF EDUCATION) AMENDED
REREGULATION 2002
EXHIBIT R1(e)TRUE COPY OF GO(MS) 203-2006-HEALTH AND
FAMILY WELFARE DATED 22-9-2006
EXHIBIT R1(f)TRUE COPY OF GO (MS) 346-2008-HEALTH AND
FAMILY WELFARE DATED9-7-2008
EXHIBIT R1(g)TRUE COPY OFGO(MS) 376-2009-HEALTHAND
FAMILY WELFARE DEPT DATED 30-10-2009
EXHIBIT R1(h)TRUE COPY OFTHE AGREEMENT MADE BETWEEN
THE MANAGEMENT AND THE GOVERNMENT DATED
21-6-2003

¶637

¶638

2025:KER:21911

¶639

WP(C) Nos.11018 of 2019 & Connected cases

¶640

APPENDIX OF WP(C) 31589/2019

¶641

PETITIONER EXHIBITS

¶642

`EXHIBIT P1`	`TRUE COPY OF THE JUDGMENT IN WP(C)` `NO.27140/2008 OF THIS HON'BLE COURT.`
`EXHIBIT P2`	`TRUE COPY OF THE GOVERNMENT ORDER DATED` `24.09.2016 VIDE GO(RT` `NO.473/2016/AYUSH.`
`EXHIBIT P3`	`TRUE COPY OF THE JUDGMENT IN WP(C)` `NO.12192 OF 2017 OF THIS HON'BLE COURT.`
`EXHIBIT P4`	`TRUE COPY OF THE ORDER DATED 04.08.2018` `ISSUED BY THE 5TH RESPONDENT.`
`EXHIBIT P5`	`TRUE COPY OF THE INTERIM ORDER PASSED` `BY THIS HON'BLE COURT IN WP(C) NO.31250` `OF 2010.`
`EXHIBIT P6`	`TRUE COPY OF THE INTERIM ORDER DATED` `25.07.2019 OF THIS HON'BLE COURT.`
`Exhibit-P7`	`True copy of the Govt. order dated 26-` `02-2011 vide G.O. (MS) No. 137/2011/H` `and FWD`
`Exhibit-P8`	`True copy of the Govt. order dated 18-` `06-2012 vide G.O. (MS) No. 185/2012/H` `and FWD`
`Exhibit-P9`	`True copy of the judgment in writ` `appeal No. 2061/2019 and connected` `cases dated 09.10.2019.`
`Exhibit-P10`	`True copy of the interim order passed` `in SLP Civil No.27213/2019 dated 22-11-` `2019`
`Exhibit-P11`	`True copy of the interim order passed` `by the Hon’ble Supreme court dated 18-`

¶643

¶644

2025:KER:21911

¶645

WP(C) Nos.11018 of 2019 & Connected cases

¶646

11-2020 in SLP Civil No.10603/2020

¶647

RESPONDENT EXHIBITS

¶648

Exhibit R1(a)True copy of the order GO(MS)
No.184/2003-HFWD dated 03-09-2003

¶649

Exhibit R1(c)True copy of the Homeopathy (Minimum
Standards of Education) Amended
Regulation ,2002

¶650

Exhibit R1(b)True copy of the Homeopathy (Minimum
Standards of Education)
Regulation ,1983

¶651

Exhibit R1(d)True copy of the order GO(MS)
No.203/2006-HFWD dated 22-09-2006
Exhibit R1(e)True copy of the order GO(MS)
No.346/2008-HFWD dated 09-07-2008
Exhibit R1(f)True copy of the order GO(MS)
No.376/2009-HFWD dated 30-10-2009

¶652

Exhibit R1(g)True copy of the agreement made between
the Management and the Government dated
21/06/2003

¶653

¶654

2025:KER:21911

¶655

WP(C) Nos.11018 of 2019 & Connected cases

¶656

APPENDIX OF WP(C) 31613/2019

¶657

PETITIONER EXHIBITS

¶658

EXHIBIT P1TRUE COPY OF THE JUDGMENT IN
WP(C)NO.27140/2008 OF THIS HON'BLE
COURT
EXHIBIT P2TRUE COPY OF THE GOVERNMENT ORDER DATED
24.09.2016 VIDE
G.O.RT.NO.473/2016/AYUSH
EXHIBIT P3TRUE COPY OF THE JUDGMENT IN
WP(C)NO.12192/2017 OF THIS HON'BLE
COURT
EXHIBIT P4TRUE COPY OF THE ORDER DATED 04.08.2018
ISSUED BY THE 5TH RESPONDENT
EXHIBIT P5TRUE COPY OF THE INTERIM ORDER PASSED
BY THIS HON'BLE COURT IN
WP(C)NO.311250/2010
EXHIBIT P6TRUE COPY OF THE INTERIM ORDER DATED
25.07.2019 OF THIS HON'BLE COURT
Exhibit-P7True copy of the Govt. order dated 26-
02-2011 vide G.O. (MS) No. 137/2011/H
and FWD
Exhibit-P8True copy of the Govt. order dated 18-
06-2012 vide G.O. (MS) No. 185/2012/H
and FWD
Exhibit-P9True copy of the judgment dated
09.10.2019 in writ appeal No. 2061/2019
and connected cases
Exhibit-P10True copy of the interim order passed
in SLP Civil No.27213/2019 dated 22-11-
2019

¶659

¶660

2025:KER:21911

¶661

WP(C) Nos.11018 of 2019 & Connected cases

¶662

Exhibit-P11True copy of the interim order passed
by the Hon’ble Supreme court dated 18-
11-2020 in SLP Civil No.10603/2020

¶663

RESPONDENT EXHIBITS

¶664

Exhibit R1(a)True copy of the order GO(MS)
No.184/2003/HFWD dated 03/09/2003

¶665

Exhibit R1(b)True copy of the Homeopathy (Minimum
Standards of Education) Regulation,1983

¶666

Exhibit R1(c)True copy of the Homeopathy (Minimum
Standards of Education) Amended
Regulation,2002
Exhibit R1(d)True copy of the order GO(MS)
No.203/2006/HFWD dated 22/09/2006

¶667

Exhibit R1(e)True copy of the order GO(MS)
No.346/2008/HFWD dated 09/07/2008

¶668

Exhibit R1(f)True copy of the order GO(MS)
No.376/2009/HFWD dated 30/10/2009

¶669

Exhibit R1(g)True copy of the agreement made between
the Management and the Government dated
21-06-2003

¶670

¶671

2025:KER:21911

¶672

WP(C) Nos.11018 of 2019 & Connected cases

¶673

APPENDIX OF WP(C) 40417/2022

¶674

PETITIONER EXHIBITS

¶675

Exhibit P1TRUE COPY OF THE JUDGMENT DATED
13/03/2015 IN WPC18669/2006

¶676

Exhibit P2TRUE COPY OF THE JUDGMENT DATED
01/03/2016 IN WA 2498/2015
Exhibit P3TRUE COPY OF THE ORDER DATED 16/08/2016
OF THE HONOURABLE SUPREME COURT IN SLP
NO. 14950/2016

¶677

Exhibit P4TRUE COPY OF THE GO (RT) NO.
473/2016/AYUSH DATED 24/09/2016 ISSUED
BY THE 3RD RESPONDENT

¶678

Exhibit P5TRUE COPY OF THE ORDER
NO.6772/ACI/GEN/A3/15/KUHS DATED
04/08/2018 ISSUED BY THE 6TH RESPONDENT

¶679

Exhibit P6TRUE COPY OF THE LEGAL OPINION NO. 3088
SUIT-1 (2)/ (2022) LAW DATED 16/02/2022

¶680

Exhibit P7TRUE COPY OF THE REPRESENTATION DATED
25/11/2022

¶681

RESPONDENT EXHIBITS

¶682

`Exhibit R3(a)`	`A True copy of the order` `GO(MS)No.184/2003/H and FWD dated` `03.09.2003.`
`Exhibit R3(b)`	`A true copy of the relevant pages of` `Homoeopathy(minimum standards of` `Education)1983`
`Exhibit R3(c)`	`A true copy of the Homoeopathy (minimum` `standards of education)Amended` `regulation 2002`

¶683

¶684

2025:KER:21911

¶685

WP(C) Nos.11018 of 2019 & Connected cases

¶686

exhibit R3(d)A true copy of GO(MS)No.203/2006/H and
FWD dated 22-09-2006
Exhibit R3(e)A true copy of GO(MS)No.346/2008/H and
FWD dated 09-07-2008.
Exhibit R3(f)A true copy of GO(MS)NO.376/2009/H and
FWD dated 30-10-2009.
Exhibit R3(g)A true copy of the agreement made
between the management and the
Government dated 21.06.2003.

¶687

¶688

2025:KER:21911

¶689

WP(C) Nos.11018 of 2019 & Connected cases

¶690

APPENDIX OF WP(C) 35237/2009

¶691

PETITIONER EXHIBITS

¶692

`Exhibit P1`	`TRUE COY OF THE` `29.7.2002`	`PROCEEDINGS DATED`
`Exhibit P2`	`TRUE COPY OF THE`	`DIPLOMA CERTIFICATE`
`Exhibit P3`	`TRUE COPY OF THE` `DATED 22.1.2005`	`DEGREE CERTIFICATE` `OF THE PETITIONER`
`Exhibit P4`	`TRUE COPY OF THE` `20.4.2004 ISSUED` `COCHIN MEDICAL C`	`CERTIFICATE DATED` `BY THE TRAVANCORE-` `OUNCIL`
`Exhibit P5`	`TRUE COPY OF GO(` `DATED 3.9.2003`	`MS)NO.184/2003/H& FWD`
`Exhibit P6`	`TRUE COPY OF GO(` `22.09.2006`	`MS) NO.203/2006 DATED`
`Exhibit P7`	`TRUE COPY OF THE` `5.2.2007 SUBMITT` `BEFORE 1ST RESPO`	`REPRESENTATION DATED` `ED BY THE PETITIONER` `NDENT`
`EXHIBIT P8`	`TRUE COPY OF THE`	`LETTER DATED 9.2.2007`
`EXHIBIT P9`	`TRUE COPY OF THE` `REGARDING STAFF` `VIDHYADHI RAJA H` `NEMON HELD ON 28`	`MINUTES OF THE MEETING` `FIXATION IN SREE` `OMEO MEDICAL COLLEGE` `.03.2007`
`EXHIBIT P10`	`TRUE COPY OF THE`	`SENIORITY LIST`
`EXHIBIT P11`	`TRUE COPY OF THE` `SUBMITTED BY THE`	`LETTER DATED 11.6.2007` `PRINCIPAL`
`EXHIBIT P12`	`TRUE COPY OF THE` `FWD DATED 09.07.`	`GO(MS) NO.346/2008/H &` `2008`
`EXHIBIT P13`	`TRUE COPY OF THE` `21.7.2008 SUBMIT`	`REPRESENTATION DATED` `TED BY THE PETITIONER`

¶693

¶694

2025:KER:21911

¶695

WP(C) Nos.11018 of 2019 & Connected cases

¶696

BEFORE 1ST RESPONDENT

¶697

EXHIBIT P14TRUE COPY OF GO(MS) NO.376/2009/H & FWD
DATED 30.10.2009.

¶698

RESPONDENT EXHIBITS

¶699

EXHIBIT R3(a) TRUE COPY OF THE GO(MS)
NO.184/2003/H&FWD DATED 3.9.2003

¶700

EXHIBIT R3(b)TRUE COPY OF THE GO(MS)
NO.203/2006/H&FWD DATED 22.9.2006

¶701

EXHIBIT R3(c)TRUE COPY OF THE MINUTES OF THE MEETING
HELD ON 28.03.2007 BY THE 1ST
RESPONDENT

¶702

EXHIBIT R3(d)TRUE COPY OF THE SENIORITY LIST DATED
28.03.2007 SIGNED JOINTLY BY THE
PRINCIPAL AND THE SECRETARY OF SVRHMC

¶703

EXHIBIT R3(e)TRUE COPY OF THE GO(MS)
NO.346/2008/H&FWD DATED 09.07.2008

¶704

EXHIBIT R3(f)TRUE COPY OF THE GO(MS)
NO.376/2009/H&FWD DATED 09.07.2008

¶705

EXHIBIT R3(g)TRUE COPY OF THE RELEVANT PORTION OF
THE SPECIAL RULES RELATING TO THE
KERALA STATE HOMOEOPATHIC MEDICAL
COLLEGE SERVICE (GO(P) NO.79/2001/H&FWD
DATED 19.03.2001.

¶706

EXHIBIT R3(h)TRUE COPY OF THE LETTER OF APPOINTMENT
DATED 02.09.2003 APPOINTING THE 3RD
RESPONDENT

¶707

EXHIBIT R3(i)TRUE COPY OF THE JUDGMENT DATED
21.08.2007 IN WRIT PETITION NO.25384 OF
2007

¶708

¶709

2025:KER:21911

¶710

WP(C) Nos.11018 of 2019 & Connected cases

¶711

EXHIBIT R3(j)TRUE COPY OF THE GO(RT)
NO.1757/2008/H&FWD DATED 17.05.2008
EXHIBIT R3(k)TRUE COPY OF THE REPORT OF THE
PRINCIPAL AND CONTROLLING OFFICER,
GOVT.HOMOEOPATHIC MEDICAL COLLEGE TVM
(NO.2238/C1/08/GHMCT(DHME)
EXHIBIT R3(l)TRUE COPY OF THE RELEVANT PAGES OF THE
REPORT OF THE PRINCIPAL AND CONTROLLING
OFFICER, GOVT.HOMOEOPATHIC MEDICAL
COLLEGE, TRIVANDRUM
Exhibit R3(n)True copy of the of the judgment dated
13.03.2015 in WPC No. 18669 of 2006
Exhibit R3(o)True copy of the Government Order
bearing No. GO(Rt.) 473/2016/AYUSH
dated 24.09.2016
Exhibit R3(p)True copy of the Letter of Appointment
Order No. SVRHMC/Est. 16/T dated
29.07.2002 of the petitioner as
Resident Medical Officer
Exhibit R3(q)True copy of the Diploma dated
23.04.1997 issued to the petitioner by
the Board of Examiners in Homoeopathy,
Government of Kerala
Exhibit R3(r)True copy of the relevant portion of
the CCH Regulations pertaining to
Homoeopathy (Minimum Standards of
Education Regulation) 1983 with regard
to qualification and eligibility for
the teaching staff of Homoeopathic
Medical Colleges

¶712

`Exhibit R3(s)`	`True copy`	`of GO`	`(MS) No.105/95/H and`
	`FWD dated`	`22-01`	`-95`
`Exhibit R3(t)`	`True copy`	`of GO`	`(Rt) No. 1757/2008/H and`
	`FWD dated`	`17.05`	`.2008`

¶713

2025:KER:21911

¶714

¶715

WP(C) Nos.11018 of 2019 & Connected cases

¶716

Exhibit R3(u)True copy of the Certificate of
Registration dated 20.04.2004
pertaining to the petitioner acquiring
BHMS Kerala University 2004 graded
degree issued by the Travancore-Cochin
Medical Council

¶717

Exhibit R3(v)True copy of CCH Regulations 2002

¶718

Exhibit R3(w)True copy of the order of appointment
order /proceedings dated 02.09.2003 of
the 3rd respondent issued by the Sree
Vidhyadhiraja Homeopathic Medical
College

¶719

Exhibit R3(x)True copy of Kerala University approval
dated 16.04.2010

Dr.Shiny Mathew v. State of Kerala

Case brief

What is this about?

What did the court decide?

Dr.Shiny Mathew v. State of Kerala

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Valsamma Rajappan Vs State of Kerala

Sathya Thampuran Vs State of Kerala

M.Divakaran Nair Vs the State of Kerala

Dr.G.Madhu Vs State of Kerala

Dr.Thara.L Vs State of Kerala

Dr.Razanathu F. Vs State of Kerala