1. This petition has been moved by a medical graduate against an Honorary Medical Officer, and is for the reliefs: ... to issue a writ of quo warranto against the 1st respondent,

and

(i) Declare that the post that the first respondent now claims to occupy in the General Hospital at Ernakulam is vacant;

(ii) Order the ouster of the first respondent from such office and restrain him from exercising any functions or duties relating to such office;

(iii)

(iv) all such other consequential or ancillary reliefs as may be deemed just and necessary in the circumstances of the case; and allow this writ petition with costs."

Relief No. (iii) has been withdrawn and the State of Kerala, who was originally impleaded as the 2nd respondent to this motion, has been removed from the party array by the petitioner as per C. M. P. No. 46 of 1969, which was allowed by the court on January 8,1969. However, we have heard the learned Advocate General as Amicus curiae in the matter.

2. The allegations in the motion, relevant to the reliefs now urged, are thus:

"...the Government had... declared... on September 24th 1968 that the 'Part-time Honorary service is stopped altogether all over the State with