IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR TUESDAY, THE 4^TH DAY OF MARCH 2025 / 13TH PHALGUNA, 1946 OP(KAT) NO. 68 OF 2025 AGAINST THE ORDER DATED 29.01.2025 IN OA NO.2286 OF

2023 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM PETITIONERS/APPLICANTS IN OA:

1 DR.ABDU RAHMAN.K, AGED 55 YEARS, S/O.KOYA.K, NURSING SUPERINTENDENT, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE HOSPITAL, KOZHIKODE RESIDING AT KALLANKUDY HOUSE, POOVATHUPARAMBA.P.O, MEDICAL COLLEGE VIA, KOZHIKODE, KERALA, PIN – 673 008 2 DR.LEO.L.K, AGED 55 YEARS, S/O.K.S.LUKA, PHARMACIST (HIGHER GRADE), GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM RESIDING AT 'KANNOTH’, EZHAKODE, MALAYINKEEZHU.P.O THIRUVANANTHAPURAM, KERALA., PIN – 695 571 BY ADVS.

M.U.VIJAYALAKSHMI K.JAJU BABU (SR.)

BRIJESH MOHAN SACHIN RAMESH AISHWARYA SATHEESAN SREELAKSHMI S.N.

RESPONDENTS/RESPONDENTS IN OA:

1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, AYUSH (B) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA., PIN – 695 001

2 THE PRINCIPAL AND CONTROLLING OFFICER, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, IRANIMUTTOM.P.O, THIRUVANANTHAPURAM , KERALA., PIN – 695 009 BY ADVS.

ADVOCATE GENERAL OFFICE KERALA SHRI.ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL()

THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 04.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

A. Muhamed Mustaque, J.

The petitioners are working in the Government Homeopathic Medical Education Department as Nursing Superintendent and Pharmacist (Higher Grade). They underwent the BHMS Course and are registered with the Travancore – Kochi Medical Council. They are now professional doctors in homeopathy. They became such professional doctors based on the Government policy allowing the nursing staff and the paramedical staff to undergo such a BHMS Course. The policy as such was evolved to benefit their service as medical officers after obtaining the BHMS Degree. The sad part is that they underwent the course in the year 2002 through the seats reserved for the staff, and their service has not been utilised for want of the Special Rules.

2. This issue was highlighted to the Principal and Controlling Officer of the Government as per Annexure A4 in the year 2011. It is appropriate to refer to the relevant paragraph of the recommendation:

“I am to recommend Government to kindly include the case of qualified staff of this department also for the appointment of Medical Officers in the Department of Homeopathy as transfer appointment.

Taking into accounts the above mentioned points, Government may kindly accord sanction for the transfer appointment of Tutors in this department or as Medical Officer in the Department of Homoeopathy from among the qualified non-teaching staff of this department, who has possessed the BHMS Degree qualification from a recognised University.”

3. These doctors will have to retire from the service as paramedical staff even though they are professional doctors. They acquired the professional degree through the quota earmarked for such staff.

4. We, in such circumstances, are of the view that in the larger public interest, the Government will have to take a final decision as to the policy pending on the formulation of the Special Rules to utilise the service of such personnels. We, therefore, direct the Government to take a decision in this regard, at least to permit the petitioners to serve as medical officers, pending the formulation of the Special Rules, as a special case. An appropriate decision shall be taken within a period of four weeks.

This original petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE Sd/-

P. KRISHNA KUMAR JUDGE

PR

APPENDIX OF OP(KAT) 68/2025 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF GO(MS)NO.5/ 2021/AYUSH DATED 25-02-2021 ISSUED BY THE 1ST RESPONDENT.

Annexure A2 TRUE COPY OF THE GOVERNMENT ORDER GO(MS)NO