Dr. J. Harikrishnan Pillai v. Kerala University of Health Sciences and others

W.P.(C).No.22618/2018 & con.cases 1 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **TUESDAY, THE 20TH DAY OF OCTOBER 2020 / 28TH ASWINA, 1942** **WP(C).No.22618 OF 2018(B)** ## **PETITIONER:** **DR. J. HARIKRISHNA PILLAI 'OCTOBER', NEAR S.N. JUNCTION, THRIPUNITHURA P.O., ERNAKULAM DISTRICT. BY ADV. SRI.SAJEEV KUMAR K.GOPAL** ## **RESPONDENTS:** ||**1**|**THE KERALA UNIVERSITY OF HEALTH SCIENCE**| |---|---|---| |||**REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE**| |||**P.O., THRISSUR - 680 596**| ||**2**|**THE REGISTRAR**| |||**THE KERALA UNIVERSITY OF HEALTH SCIENCE**| |||**(KUHS),REPRESENTED BY ITS REGISTRAR, MEDICAL**| |||**COLLEGE P.O., THRISSUR - 680 596**| |*|**3**|**CENTRAL COUNCIL FOR HOMEOPATHY**| |||**(IMPLEADED AS PER ORDER DATED 1.7.2018)**| |||**R1 BY SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND**| |||**ALLIED SCIENCE**| 2 W.P.(C).No.22618/2018 & con.cases **R1 BY ADV. SRI.P.SREEKUMARSCKERALA UTY.HEALTH AND ALLIED SCIENCE R3 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA SPL. GP . M.A. ASIF** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-09-2020, ALONG WITH WP(C).36783/2018(W), WP(C).10104/2020(K), THE COURT ON 20-10-2020 DELIVERED THE FOLLOWING:** W.P.(C).No.22618/2018 & con.cases 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **TUESDAY, THE 20TH DAY OF OCTOBER 2020 / 28TH ASWINA, 1942** ## **WP(C).No.36783 OF 2018(W)** ## **PETITIONER:** **DR. J. HARIKRISHNA PILLAI, AGED 54 YEARS OCTOBER, NEAR S.N.JUNCTION, TRIPUNITHURA P.O., ERNAKULAM DISTRICT.** **BY ADV. SRI.SAJEEV KUMAR K.GOPAL** ## **RESPONDENTS:** **1 THE KERALA UNIVERSITY OF HEALTH SCIENCES (KUHS), REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P.O., THRISSUR - 680 596. 2 THE REGISTRAR, KERALA UNIVERSITY OF HEALTH AND SCIENCES, MEDICAL COLLEGE P.O. 3 CONTROLLER OF EXAMINATIONS KERALA UNIVERSITY OF HEALTH SCIENCES R1-2 BY SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED SCIENCE R3 BY ADV. SHRI.S.GANESH** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-09-2020, ALONG WITH WP(C).22618/2018(B), WP(C).10104/2020(K), THE COURT ON 20-10-2020 DELIVERED THE FOLLOWING:** W.P.(C).No.22618/2018 & con.cases 4 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **TUESDAY, THE 20TH DAY OF OCTOBER 2020 / 28TH ASWINA, 1942** ## **WP(C).No.10104 OF 2020(K)** ## **PETITIONER:** **DR.J.HARIKRISHNA PILLAI AGED 56 YEARS S/O. K.JANARDHANAN PILLAI, RESIDING AT OCTOBER, NEAR S.N. JUNCTION, TRIPUNITHURA P O, ERNAKULAM DISTRICT.** **BY ADV. SRI.SAJEEV KUMAR K.GOPAL** ## **RESPONDENTS:** - **1 THE KERALA UNIVERSITY OF HEALTH SCIENCES (KUHS) REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P O, THRISSUR-680596.** - **2 THE REGISTRAR UNIVERSITY OF HEALTH SCIENCES(KUHS), MEDICAL COLLEGE P O, THRISSUR - 680596.** **3 DR.C.P. VIJAYAN, PROFESSOR AND HEAD OF THE DEPARTMENT, GYNECOLOGY DEPARTMENT, MEDICAL COLLEGE, GANDHI NAGAR P O, KOTTAYAM-686008.** **R1-2 BY SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-09-2020, ALONG WITH WP(C).22618/2018(B), WP(C).36783/2018(W), THE COURT ON 20-10-2020 DELIVERED THE FOLLOWING:-** W.P.(C).No.22618/2018 & con.cases 5 ## **ANU SIVARAMAN, J.** **= = = = = = = = = = = = = = =** ## **W.P.(C).Nos.22618 & 36783 of 2018 and 10104 of 2020** **= = = = = = = = = = = = = = = = Dated this the 20th day of October, 2020** ## **JUDGMENT** - 1.The issue involved in these writ petitions is with regard to the qualification of the petitioner herein for appointment to the post of Controller of Examinations in the 1[st] respondentUniversity. - 2.W.P.(C).No.22618 of 2018 is filed challenging Ext.P6 notification dated 28.06.2018 issued inviting applications for the post of Controller of Examinations by the University to the extent it prescribes that the Masters Degree in any discipline of Health Sciences should be one approved by the 1[st] respondent- University. - 3.W.P.(C).No.36783 of 2018 is filed challenging the appointment of the 3[rd] respondent therein on the ground that the 3[rd] respondent does not possess five years administrative experience in a Medical College, which is an essential 6 W.P.(C).No.22618/2018 & con.cases qualification. The writ petition was amended to challenge Ext.P14 order dated 09.11.2018 appointing the 3[rd] respondent as Controller of Examinations and Ext.P14(a) Minutes of the Selection Committee. - 4.WP(C) No.10104 of 2020 is filed challenging Ext.P15 fresh notification for appointment to the post of Controller of Examinations, which also provides that the Masters Degree should be recognised by the 1[st] respondent-University. - 5.The learned counsel for the University raised preliminary objection. It is submitted that W.P.(C).No.22618 of 2018 has become infructuous. It is submitted that a selection had been conducted pursuant to the notification challenged in the writ petition and that pursuant to an interim order of this Court, the petitioner also participated in the selection. An appointment had been made pursuant thereto. The selection and the appointment are challenged in W.P.(C).No.36783 of 2018. It is submitted that the contesting respondent, who had been appointed by Ext.P14 had submitted his resignation and 7 W.P.(C).No.22618/2018 & con.cases a fresh notification had been issued, which is under challenge in W.P.(C).No.10104 of 2020. It is, therefore, contended that both W.P.(C).Nos.22618 of 2018 and 36783 of 2018 have been rendered infructuous and that the only question to be considered is the validity of the notification produced as Ext.P15 in W.P.(C).No.10104 of 2020. - 6.Since the learned counsel for the petitioner objected to the preliminary objection and sought to argue the matter in detail, the parties in all the three writ petitions were heard. 7. The contentions of Sr.K.Gopalakrishna Kurup, the learned Senior counsel appearing for the respondents in W.P. (C).No.34907 of 2016 was also heard, since the said writ petition was also posted along with the captioned writ petitions. However, since the issue raised in W.P.(C).No.34907 of 2016 is admittedly pending in appeal, the said writ petition was de-linked to be heard after the writ appeal is decided. - 8.The petitioner in these writ petitions is working as Professor ## W.P.(C).No.22618/2018 & con.cases 8 and Head of Department of Community Medicine in the Dr. Padiar Memorial Homoeopathic Medical College and Hospital, Chottanikkara, a private college affiliated to the 1[st] respondent- University. It is submitted that he had secured the qualification of Post Graduation in Homoeopathy from the Dr Babasaheb Ambedkar Marathwada University, Aurangabad. Ext.P2 is the certificate. It certifies that the degree of Doctor of Medicine in Homoeopathic Philosophy has been conferred on the petitioner. It is submitted that the additional qualification acquired by the petitioner was registered by the Travancore Cochin Medical Council by Ext.P3 certificate. It is further submitted that the MD Homoeopathy awarded by the Dr Babasaheb Ambedkar Marathwada University is approved by the Homoeopathy Central Council and has been included in the Second Schedule to the Homoeopathy Central Council Act, 1973 as evidenced by Ext.P4. It is submitted that the qualification prescribed for appointment to the post of Controller of Examinations, as per Statute 39 of the First Statutes of the University is a Masters Degree in any of the Health Sciences discipline and 10 years experience in W.P.(C).No.22618/2018 & con.cases 9 teaching, out of which 5 years experience in Administration in any University, College or similar institution under the Education Department. Ext.P5 First Statutes, 2013, Statute 39 prescribing the mode of appointment and the qualification is relied on. It is contended that the petitioner, being a person who has acquired a Post Graduate degree in Homoeopathy from a recognised University and the qualification having been entered in the Second Schedule of the Homoeopathy Central Council Act is fully eligible for appointment to the post of Controller of Examination and that the provision in the notifications to the effect that the qualification has to be one approved by the University, is de hors the prescription of qualification in the First statutes and is, therefore, illegal and void. 9.It is submitted by the learned counsel for the petitioner that the Assistant Solicitor General, on behalf of the 3[rd] respondent, has placed a statement on record in WP(C) No.22618 of 2018 stating that the Executive Committee of the said Central Homoeopathy Council held on 23.03.2006 had resolved that W.P.(C).No.22618/2018 & con.cases 10 the MD Homoeopathy qualification of any University awarded to regular and external candidates as per the provisions of the Homoeopathy Degree course, MD Homoeopathy regulations as amended, if included in the second schedule of the Homoeopathy Central Council Act, 1973 are at par for all purposes including service matters. It is stated that the decision was sent to the Registrar, University of Kerala and University of Calicut by Ext.R3(a) letter dated 25.05.2006. It is stated that the matter was again placed before the Executive Committee in its meeting held on 26.09.2014 and that the Executive Committee decided that the MD Homoeopathy qualification if included in the Second schedule of the Homoeopathy Central Council Act in the speciality subject, if awarded to the candidates admitted as external candidates by the Universities have to be treated at par to their regular counter part for all purposes. It is further stated that the Doctor of Medicine in Homoeopathy (Homoeopathic Philosophy), MD Homoeopathy awarded by Dr.Babasaheb Ambedkar Marathwada University from 1998 onwards is included in the Second schedule of the Homoeopathy Central W.P.(C).No.22618/2018 & con.cases 11 Council Act, 1973 and is a recognised medical qualification in Homoeopathy. 10.It is submitted by the learned counsel for the petitioner that in the light of the said statement filed on behalf of the 3[rd] respondent, there can be absolutely no dispute that the qualification possessed by the petitioner, as evidenced by Ext.P2, is a recognised Post Graduate qualification in Homoeopathy as required by the First Statutes and that the petitioner would be entitled to apply for appointment to the post of Controller of Examinations, in the light of the qualifications prescribed by the First Statutes, regardless of the limitation provided in the notification. 11.A statement has been placed on record in W.P.(C).No.36783 of 2018 by the 1[st] respondent. The contention with regard to the lack of qualification of the 3[rd] respondent is answered and the selection and modality to be adopted for the same are contended to be beyond the scope of judicial review by this Court. W.P.(C).No.22618/2018 & con.cases 12 12.The 3[rd] respondent has also placed a counter affidavit on record pointing out his better educational qualifications. Petitioner has filed a reply affidavit, producing several documents. Since those are matters are which relate to the selection and appointment of the 3[rd] respondent in W.P. (C).No.36783/2018 and since it is not in dispute that the 3[rd] respondent has thereafter vacated the post of Controller of Examinations, I do not intend to consider the relative qualifications or merits of the candidates in the said selection. The issue being considered by this Court is the legality of the prescription of the qualification in the notification and the right of the petitioner to challenge the same. 13.The learned counsel for the petitioner relies on the decisions of the Apex court in **B.L.Asawa v. State of Rajasthan and Others** [1982 KHC 435], **Cyril Johnson (Dr.) v. State of Kerala and Others** [2009 (4) KHC 404], Dr. **Krishna Chandra Sahu and others v. State of Orissa and others** [1995 (6) SCC 1], **P.A.Antony and others v.** W.P.(C).No.22618/2018 & con.cases 13 **M.K.Krishnandas** [2007 KHC 5028] in support of his contentions. 14.The learned counsel appearing for the 1[st] respondent University submits that the petitioner has the basic qualification of BHMS. He sought for and obtained admission to the MD Homoeopathy course as an external candidate. The entire prospectus of the MD Homoeopathy course would clearly show that the MD (Homoepathy) External course is reserved for in-service candidates who have only a diploma qualification and no admission is contemplated for MD (External) for persons who have a BHMS degree. It is submitted that that prescription of a Post Graduate degree in any Health Sciences Discipline in the First Statutes would include only a degree obtained in terms of the relevant Regulations. 15.Ext.P3 in W.P.(C).No.34907 of 2016 is the procedure for selection to Post Graduate Courses (Regular and External) in Homoeopathy for the year 2005-2006 published by the ## W.P.(C).No.22618/2018 & con.cases 14 Directorate of Ayurved Maharashtra State, Mumbai. Paragraph 4.2 provides the eligibility for admission to MD (Homoeopathy) Regular Courses. Paragraph 4.5.4 provides for eligibility for out of State candidates for MD (Homoeopathy) Regular Courses, which includes proof of application to Maharashtra Council of Homoeopathy for registration in the absence of which the application would not be considered. Paragraph 4.6 provides the eligibility for MD (Homoeopathy) External courses. The said provision reads as follows:- “(1) A candidate who possess mentioned in para 4.2 or has passed the final examination of a diploma course in Homoeopathy of not less than four years and fulfils any of the following conditions shall be eligible for admission to the examination as an external candidate- (a) holds a full time regular post not below the rank of Assistant Professor ## OR - (b) has teaching experience of not less than seven years in a recognised Homoeopathic Medical College, ## OR (c) has ten years professional experience. ## 16.It is submitted that the prospectus specifically provides for W.P.(C).No.22618/2018 & con.cases 15 ## the admission and completion of the MD degree as an external candidate. Paragraph 12.3 reads as follows: “A candidate admitted to any Post-graduate Homoeopathy Course will not be allowed to work in any other institute or will not be allowed to work as a medical to work practitioner in his own / private / aided / non-aided or any other type of dispensary or hospital or any other institute. In-service persons e.g. teachers, medical officers attached to Homoeopathy Colleges will have to be relieved either on deputation or on long term leave from their regular services for joining the Post-graduate Homoeopathy Courses. The Deans / Principals should specifically see that no such candidate is admitted unless he /she is relieved from his regular duties and possesses a Deputation Letter as appended in the Annexure-G. Only the teachers, who are admitted to Postgraduate Homoeopathy Courses in the same institution, where they regularly teach the same subject, need not be relieved from their regular duties. The registration once granted is only valid if the respective PostGraduate Guide and Dean / Principals are satisfied about the regularity diligent pursuation of studies by the students as well as good conduct. An absence of 2 months or above from the Institution with out assigning any genuine and satisfactory reason would automatically amount to cancellation of the registration of the candidate to PG Course. The concerned Dean / Principals shall take such decision and simultaneously communicate to the concerned University and also to the Competent Authority.” W.P.(C).No.22618/2018 & con.cases 16 17.The petitioner, who was a BHMS degree holder was not qualified for being admitted for the MD external program as per the prospectus. He also had not availed of any leave or deputation for acquiring the MD external qualification. It is therefore contended that his post graduation is not one acquired under the CCH Regulation and is also in violation of the prospectus conditions. It is clear that the petitioner has undergone the MD external as a correspondence course and such a degree is not liable to be accepted as a sufficient qualification under any circumstance. It is, therefore, contended that the KUHS is bound to accept only a Post Graduate degree awarded in strict compliance with the CCH regulations as a sufficient qualification under Statute 39(4) of the First statutes. 18.It is submitted by the learned Standing Counsel that the prescription that the Post Graduate degree should be a degree recognized by the University was necessitated due to unscrupulous candidates like the petitioner being rendered qualified if only a Post Graduate degree is called for. It is W.P.(C).No.22618/2018 & con.cases 17 stated that all Post Graduate degrees in Homoeopathy acquired in accordance with the CCH regulations will be accepted and no eligible candidate will be adversely affected by the prescription that the qualification must be one approved by the University. - 19.The learned counsel for the respondents places reliance on a decision of the Apex court in [ **The University of Mysore and** **another vs C.D. Govinda Rao and another** [(AIR 1965 Supreme Court 491)] to contend that academic matters including selection to academic posts are best left to the discretion of the selection committees and the court should be slow to interfere with the opinions expressed by expert bodies and that the decisions in academic matters are to be left to such expert bodies. 20.A decision of a Division Bench of this Court in **Shyni C.B. and others vs Chithra Bhanu M.K. and others** in OP(KAT) Nos.294 of 2014 and 71 of 2015) is also referred to and relied on to contend that prescription of qualifications and the ## W.P.(C).No.22618/2018 & con.cases 18 adequacy of qualifications prescribed are matters to be considered by the Government and the University and that this Court would not be justified in interfering in such matters. 21.It is submitted that a provision of the Mahatma Gandhi University Regulations to the extent it did not recognize external Homoeopathy degree acquired after undergoing a course having duration of less than 3 years as requisite qualification for grant of AICTE scales of pay had been considered by this Court in W.P.(C).No.21632/2006 and connected cases. Considering the provisions of the Regulations, it was held that an external PG acquired from universities outside Kerala without three years class attendance, which is a minimum requirement for PG in Kerala, is not liable to be treated as equivalent to PG Homoeopathy qualifications and that the refusal to consider such external PG acquired from universities outside Kerala without three years class attendance, which is a minimum requirement for PG in Kerala, is not liable to be treated as equivalent to PG Homoeopathic qualifications awarded by the Universities in W.P.(C).No.22618/2018 & con.cases 19 Kerala. The said judgment of the learned single Judge is pending in appeal. 22.It is submitted by Sr.K.Gopalakrishna Kurup, the learned Senior Counsel appearing for the respondent in W.P. (C).No.34907/2016 is that Regulation 14 of the CCH Regulations was a special provision provided in Part VI of the Regulations. Regulation 14 which is included in Part VI which provides for special provisions for external candidates reads as follows: ## “PART VI ## **SPECIALPROVTSION FOR EXTERNAL CANDIDATES** 14.Notwithstanding anything contained in these regulations, the University may allow admission of external candidates to appear in the Post Graduate examination for a period of eight years from the commencement of the Homoeopathy (Post Graduate Degree Course) M.D. (Hons.) (Amendment) Regulations, 2001, for three subjects, namely, Materia Medica, Homoeopathic Philosophy, and Repertory only subject to the fulfilment of the following conditions, namely:- I, Admission to the examination: (1) A candidate who has passed the final examination of a diploma course in Homoeopathy of not less than four years duration shall be eligible for admission to the examination as an external candidate, if such candidate — (a) holds full time regular post not below the rank of Assistant Professor, W.P.(C).No.22618/2018 & con.cases 20 or - (b) has teaching experience of not less than seven years in a recognised Homoeopathic Medical college, or - (c) has ten years of professional experience. - (2) the candidate shall register his name two years before the - final examination. 1. The candidate shall prepare and submit to his Supervisor/Guide a dissertation nine months prior to the holding of the final examination. The Supervisor/Guide shall approve the same six months prior to the holding of the final examination. II. Papers for examination: The examination shall comprise of the following papers, namely :- - (a) Materia Medica - (Materia Medica Pura and Applied). - (b) Homoeopathic Practice of Medicine (including Gynaecology and obstetrics) - (c) Organon of Medicine and Philosophy - (d) Repertory III. Examiners: The criteria for selection of examiners shall be as given in regulation DR. LALIT VERMA, Registrar-cum-Secy. [No. ADVT-m/IV/Extra/147/2001] Note.— Principal regulations were published in the Gazette of India, Part III, Section 4 on 16-11-1989 and subsequent amendment were published in the said section of the Gazette on 22-2-1993.” ## W.P.(C).No.22618/2018 & con.cases 21 23.It is stated that Part VI and Regulation 14 providing for external MD stands omitted by the 2012 amendment and after 02.03.2012, no MD external is being conducted by any University. It is submitted that the entry of the MD conducted by the Dr. Babasaheb Ambedkar Marathwada University, which is entered in the second schedule, is specifically the MD in Homoeopathic Philosophy and does not refer to the MD external, which is the course completed by the petitioner. It is submitted that since the petitioner's degree is not one acquired in accordance with the regulations and not even complying with the provisions of Ext.P3 prospectus, the contention of the petitioner that the petitioner is qualified for appointment to the post of Controller of Examinations is completely baseless and that the writ petition is liable to be dismissed. - 24.It is further contended by the learned counsel for the petitioner in reply that the eligibility for the MD regular courses as well as external courses is one and the same. It is further contended that the Central Council for Homoeopathy ## W.P.(C).No.22618/2018 & con.cases 22 had decided that medical qualification in Homoeopathy like BMS, BHMS etc. awarded prior to the enforcement of the Homoeopathy (Diploma Course) Regulations, 1983 and included in the second schedule of the Homoeopathy Central Council Act will be treated as equivalent to a degree in Homoeopathy. It is submitted that the external PG awarded by several other universities have been recognized as equivalent to the MD Homoeopathy degree of the Kerala University and that a different stand cannot be taken in the case of the petitioner's degree. It is further contended that since the petitioner admittedly has a Post Graduate degree in Homoeopathy, the further prescription that it has to be recognized by the 1[st] respondent University is completely untenable. 25.I have considered the contentions raised on all sides in detail. The primary contention of the learned counsel for the petitioner is that the petitioner has acquired a Post Graduate degree in Homoeopathy from a recognized University and that the said degree is included in the Second schedule to the . ## W.P.(C).No.22618/2018 & con.cases 23 Homoeopathy Central Council Act. It is, therefore, argued that the contention of the respondents that the said qualification is not in accordance with the CCH Regulations cannot be accepted. It is further contended that since the First Statutes prescribed the qualification of only a post Graduate degree in Health Sciences, the insistence by the 1[st] respondent that such degree must be recognized by the University is beyond the powers of the University and is per se illegal. 26.The specific contention in answer is that the degree acquired by the petitioner is an MD (External) degree which does not find a place in the second schedule to the Homoeopathy Central Council Act. It is the specific case of the respondents that only as MD acquired through regular course of study from the Dr.Babasaheb Ambedkar Marathwada University of Aurangabad would be a recognized qualification and the Doctor of Medicine in Homoeopathy (Homoeopathic Philosophy) which is acquired as an external degree is contravention of the Regulations and prospectus cannot be considered as a recognized qualification. Though the learned W.P.(C).No.22618/2018 & con.cases 24 counsel for the petitioner submits that Ext.P2 certificate would not show that the degree is MD (External), the petitioner has not denied the specific contention that the degree acquired by him is PG external. The petitioner's contention is that the eligibility for the MD regular courses as well as external courses is one and the same. 27. On an earnest consideration of the pleadings and the case law relied upon, I find that the issue falls in a very narrow compass as to the validity of the petitioner's post graduate degree. Since it is not disputed that the petitioner was not a regular study candidate, the degree awarded to him by the Dr.Babasaheb Ambedkar Marathwada University is admittedly an MD (External) degree in homoeopathic philosophy. Regulation 14 of Part VI of the CCH Regulations provides for admission to PG External to be regulated as provided therein. The PG External was a temporary measure adopted to enable the diploma holders to acquire the qualifications necessary to better their service prospects. Though the learned counsel for the petitioner submits that the degree certificate obtained by W.P.(C).No.22618/2018 & con.cases 25 him did not show that the degree was obtained as an external degree, the contention that the petitioner had not attended regular classes for the duration of the regular course is not disputed. Even though it is submitted by the learned counsel for the petitioner that paragraph 4.6 of the prospectus specifically provides that “candidates who possess mentioned in para 4.2 or has passed the final examination of a diploma course in homoeopathy is eligible for admission” to the examination as an external candidate, I have no hesitation to hold that a Post Graduate Degree in Homoeopathy could not have been acquired by the petitioner, as a correspondence course without attending regular class and a Post Graduate degree so obtained would not be liable to be treated as a Post Graduate qualification in accordance with the CCH Regulations. - 28.A perusal of the procedure for selection to Post Graduate Courses (Regular and External) in Homoeopathy for the year 2005-2006 would show that a Post Graduate degree in Homoeopathy is intended to be pursued as a regular course W.P.(C).No.22618/2018 & con.cases 26 and that the qualification was not intended to be acquired while working in a private Homoeopathic College except in cases where teachers of an institution are admitted to Post Graduate Homoeopathic courses in the same institution which is admittedly inapplicable to the petitioner. Regulation 14 of the CCH Regulations would also show that only a diploma holder is eligible for admission to MD (External) course in Homoeopathic Philosophy. The special provision with regard to external PG Course has later been omitted by 2012 amendment and with effect from 2.3.2012, no MD (External) is being conducted by any University. Moreover, the second schedule to the Homoeopathy Central Council Act, 1973 includes only a Post Graduate Degree in Homoeopathic Philosophy awarded by the Dr.Babasaheb Ambedkar Marathwada University as a recognised qualification. Even if it is admitted that an external MD degree awarded by the Dr.Babasaheb Ambedkar Marathwada University is also to be treated as equivalent to an MD (Regular) awarded by the same University, the essential prerequisite would be the MD external degree should be one ## W.P.(C).No.22618/2018 & con.cases 27 which is acquired in accordance with the CCH Regulations and in accordance with the prospectus issued for admission to the course at the relevant time. In the instant case, it is clear that the MD (External) degree acquired by the petitioner is not one acquired in terms of the CCH Regulations which specify the conditions on which an MD (External) can be acquired by a candidate nor even in accordance with the provisions of the prospectus. 29.The qualification for appointment to the post of Controller of Examinations, going by the provisions of the statutes, is an M.D in any Health Science discipline. The said prescription can only mean that if the MD is in Homoeopathy, it should be one acquired in accordance with the CCH Regulations. I am of the opinion that the contentions raised by the petitioner that he is fully qualified and eligible for appointment to the post of Controller of Examinations in the 1[st] respondent University cannot be accepted. In the above view of the matter, the notification inviting applications for the post of Controller of Examinations is not open to challenge at the W.P.(C).No.22618/2018 & con.cases **==> picture [12 x 8] intentionally omitted <==** instance of the petitioner who is not qualified for appointment to the post. The writ petitions, therefore, fail and the same are accordingly dismissed. sd/- **Anu Sivaraman, Judge** sj W.P.(C).No.22618/2018 & con.cases 29 ## **APPENDIX OF WP(C) 22618/2018** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRINCIPAL OF DR. PADIAR MEMORIAL HOMOEOPATHIC MEDICAL COLLEGE AND HOSPITAL, CHOTTANIKKARA DATED 02.07.2018** - **EXHIBIT P2** - **TRUE COPY OF THE DEGREE CERTIFICATE ISSUED BY DR. BABASAHEB AMBEDKAR MARATHWADA UNIVERSITY, AURAGABAD** - **EXHIBIT P3 TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF ADDITIONAL MEDICAL QUALIFICATION ISSUED BY TRAVANCORECOCHIN MEDICAL COUNCIL DATED 21.04.2006.** - **EXHIBIT P4 TRUE COPY OF THE SECOND SCHEDULE TO THE HOMOEOPATHY CENTRAL COUNCIL ACT, 1973** - **EXHIBIT P5 TRUE COPY OF THE RELEVANT PROVISION OF THE KERALA UNIVERSITY HEALTH SCIENCES FIRST STATUTE 2013 WHICH CONTAINS REGULATION 39** - **EXHIBIT P6 TRUE COPY OF THE NOTIFICATION DATED 28.06.2018 VIDE NO. 8377/2018/ADMN/A/KUHS** ## **' - RESPONDENT S EXHIBITS:** - **ANNEXURE R3(A)** **TRUE COPY OF THE LETTER NO.14-1/2005CCH DATED 25.5.2006 SENT BY THE SECRETARY, CENTRAL COUNCIL OF HOMOEOPATHY** ## **EXANNEXURE R3(B)** **TRUE COPY OF THE LETTER NO.14-16/2014CCH/27706-22708 DATED 03.11.2014 SENT BY THE ASSISTANT SECRETARY, CENTRAL COUNCIL OF HOMOEOPATHY.** W.P.(C).No.22618/2018 & con.cases 30 ## **APPENDIX OF WP(C) 36783/2018** **PETITIONER'S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRINCIPAL OF DR.PADIAR MEMORIAL HOMOEPATHIC MEDICAL COLLEGE AND HOSPITAL,CHOTTANIKKARA DATED 02.07.2018** - **EXHIBIT P2 TRUE COPY OF THE DEGREE CERTIFICATE ISUSED BY DR.BABASAHEB AMBEDKAR MARATHWADA UNIVERSITY,AURANGABAD.** - **EXHIBIT P3 TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF ADDITIONAL MEDICAL QUALIFICATION ISSUED BY TRAVANCORECOCHIN MEDICAL COUNCIL DATED 21.04.2006.** - **EXHIBIT P4 TRUE COPY OF THE SECOND SCHEDULE TO THE HOMEOPATHY CENTRAL COUNCIL ACT,1973.** - **EXHIBIT P5 TRUE COPY OF THE RELEVANT PROVISION OF THE KERALA UNIVERSITY HEALTH SCIENCES FIRST STATUTE 2013 WHICH CONTAINS REGULATION 39.** - **EXHIBIT P6 TRUE COPY OF THE NOTIFICATION DATED 28.06.2018 VIDE NO.8377/2018/ADMN/A/KUHS** - **EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN W.P. (C)NO.22618/2018 DATED 24.07.2018** - **EXHIBIT P8 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT** - **EXHIBIT P9 TRUE COPY OF CURRICULUM VITAE OF THE PETITIONER.** **EXHIBIT P10 TRUE COPY OF NO OBJECTION CERTIFIED ISSUED BY THE SECRETARY OF DR.PADIYAR MEMORIAL MEDICAL COLLEGE DATED 04.07.2018.** W.P.(C).No.22618/2018 & con.cases 31 **EXHIBIT P11** **CERTIFICATE ISSUED BY THE PRINCIPAL OF THE COLLEGE DATED 02.07.2018.** - **EXHIBIT P12** - **TRUE COPY OF THE LETTER DATED 20.10.2018.** - **EXHIBIT P13** - **TRUE COPY OF THE INFORMATION FURNISHED BY THE STATE PUBLIC INFORMATION OFFICER,GOVT.MEDICAL COLLEGE KOTTAYAM DATED 20.10.2018** - **EXHIBIT P14** - **TRUE COPY OF THE ORDER DATED 9.11.2018 ISSUED BY THE 2ND RESPONDENT** - **EXHIBIT P14(A) TRUE COPY OF THE MINUTES OF THE COMMITTEE FOR SELECTION OF CONTROLLER OF EXAMINATION KUHAS** - **EXHIBIT P15** - **TRUE COPY OF THE APPLICATION FURNISHED BY SRI.BOBY T I UNDER THE RTI ACT** - **EXHIBIT P16** - **TRUE COPY OF THE GO (MS) NO.20/09/H & PWD DATED 13.01.2009** - **EXHIBIT P17 TRUE COPY OF THE TEACHER PROFILE OF SRI.C.P.VIJAYAN PUBLISHED IN THE WEBSITE OF THE MEDICAL COUNCIL OF INDIA** - **EXHIBIT P18 TRUE COPY OF THE RELEVANT PORTION OF THE MINIMUM QUALIFICATION FOR TEACHERS IN MEDICAL INSTITUTION REGULATION, 1998 ISSUED BY THE MEDICAL COUNCIL OF INDIA** - **EXHIBIT P19** - **TRUE COPY OF THE CALL LETTER FOR INTERVIEW ISSUED FROM THE REGISTRAR DATED 20.10.2018.** - **EXHIBIT P20** - **TRUE COPY OF THE MINUTES OF THE COMMITTEE FOR SELECTION OF CONTROLLER OF EXAMINATION.** W.P.(C).No.22618/2018 & con.cases 32 ## **APPENDIX OF WP(C) 10104/2020** **PETITIONER'S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRINCIPAL OF DR.PADIAR MEMORIAL HOMOEOPATHIC MEDICAL COLLEGE AND HOSPITAL, CHOTTANIKKARA DATED 02.072018.** **EXHIBIT P2** - **TRUE COPY OF THE DEGREE CERTIFICATE ISSUED BY DR. BABASAHEB AMBEDKAR MARATHWADA UNIVERSITY, AURANGABAD.** **EXHIBIT P3** - **TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF ADDITIONAL MEDICAL QUALIFICATION ISSUED BY TRAVANCORE COCHIN MEDICAL COUNCIL DATED 21.04.2006.** - **EXHIBIT P4 TRUE COPY OF THE SECOND SCHEDULE TO THE HOMEOPATHY CENTRAL COUNCIL ACT, 1973.** - **EXHIBIT P5 TRUE COPY OF THE RELEVANT PROVISION OF THE KERALA UNIVERSITY HEALTH SCIENCES FIRST STATUE 2013 WHICH CONTAINS REGULATION 39.** - **EXHIBIT P6 TRUE COPY OF THE NOTIFICATION DATED 28.06.2018 VIDE NO.8377/2018/ADMN/A/KUHS.** - **EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN WP(C) NO. 22618/2018 DATED 24.07.2018.** - **EXHIBIT P8 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.** - **EXHIBIT P9** **TRUE COPY OF THE CURRICULUM VITAE OF THE PETITIONER.** W.P.(C).No.22618/2018 & con.cases 33 **EXHIBIT P10** **TRUE COPY OF THE NO OBJECTION CERTIFIED ISSUED BY THE SECRETARY OF DR.PADIYAR MEMORIAL MEDICAL COLLEGE DATED 04.07.2018.** **EXHIBIT P11 CERTIFICATE ISSUED BY THE PRINCIPAL OF THE COLLEGE DATED 02.07.2018.** - **EXHIBIT P12 TRUE COPY OF THE LETTER DATED 20.10.2018** - **EXHIBIT P13 TRUE COPY OF THE INFORMATION FURNISHED BY THE STATE PUBLIC INFORMATION OFFICER, GOVERNMENT MEDICAL COLLEGE KOTTAYAM DATED 20.10.2018.** - **EXHIBIT P14 TRUE COPY OF THE ORDER DATED 09.11.2018 ISSUED BY THE 2ND RESPONDENT.** - **EXHIBIT P14(a) TRUE COPY OF THE MINUTES OF THE COMMITTEE FOR SELECTION OF CONTROLLER OF EXAMINATION KUHAS.** - **EXHIBIT P15 TRUE COPY OF THE NOTIFICATION VIDE NO.6315/2020/A1/ADMN-ESTT/KUHS.** - **EXHIBIT P16 TRUE COPY OF THE PROSPECTUS FOR ADMISSION ISSUED BY THE GOVERNMENT OF MAHARASHTRA FOR ADMISSION TO THE PG DEGREE COURSE FOR THE YEAR 2005-2006** - **EXHIBIT P17 TRUE COPY OF THE GOVERNMENT ORDER GO(MS) NO.105/1995/H & FWWD DATED 22.4.1995.** - **EXHIBIT P18 TRUE COPY OF THE PROCEEDINGS OF THE ACADEMIC SECTION OF THE KERALA UNIVERSITY VIDE ACCI/2117/1997 DATED 13.01.1998.** **EXHIBIT P19 TRUE COPY OF THE JUDGMENT IN OP NO.6165 OF 1999 DATED 6.12.1999.** W.P.(C).No.22618/2018 & con.cases 34 - **EXHIBIT P20** **TRUE COPY OF THE PROCEEDINGS OF THE KERALA UNIVERSITY VIDE NO.AC.CI/2117/ 1997 DATED 31.01.2000** - **EXHIBIT P21 TRUE COPY OF THE COMMUNICATION DATED 11.3.2014 ISSUED BY THE REGISTRAR OF KUHS TO THE REGISTRAR OF THE UNIVERSITY OF KERAL TO KUHS** - **EXHIBIT P22 TRUE COPY OF THE REPLY GIVEN BY THE UNIVERSITY OF KERALA TO KUHS** - **EXHIBIT P23 TRUE COPY OF THE COMMUNICATION FROM THE REGISTRAR OF KUHS TO THE REGISTRAR OF TRAVANCORE COCHIN MEDICAL COUNCIL.** - **EXHIBIT P24 TRUE COPY OF THE COMMUNICATION DATED 06.06.2014 FROM THE REGISTRAR OF THE TCC HOMOEOPATHIC MEDICINE TO THE REGISTRAR OF KUHS.** - **EXHIBIT P25 TRUE COPY OF THE COMMUNICATION ISSUED BY THE REGISTRAR OF KUHS TO THE SECRETARY OF CENTRAL COUNCIL OF HOMEOPATHY DATED 11.03.2014 VIDE NO.6187/AC.D/KUHS DATED 20.12.2014.** **EXHIBIT P26** - **TRUE COPY OF THE COMMUNICATION ISSUED BY THE CENTRAL COUNCIL FOR HOMOEOPATHY TO THE REGISTRAR OF KUHS DATED 24.3.2014.** - **EXHIBIT P27** - **TRUE COPY OF THE COMMUNICATION DATED 22.5.2014 ISSUED BY THE CENTRAL COUNCIL OF HOMOEOPATHY.** _TRUE COPY_ _PS TO JUDGE_