Civil Appeal Nos. 1147-1151 of 2009 (Arising out of SLP (C) Nos. 19361-19365 of 2005). Case: State of Kerala and Anr. Vs Mahesh Kumar and Ors.. Supreme Court (India)

Case NumberCivil Appeal Nos. 1147-1151 of 2009 (Arising out of SLP (C) Nos. 19361-19365 of 2005)
CounselFor Appellant: C.S. Rajan, G. Prakash, Beena Prakash and Ramesh Babu M.R., Advs and For Respondents: R. Rajendran Nair, Shakil Ahmed Syed, K. Radhakrishnan, S. Udaya Kumar Sagar, Bina madhavan Gaichangpoo Gangmei, T.L.V. Iyer, Subraonium Prasad, Jay Kishore Singh, Wills Mathews Arun Basil, M.K. Michael, H.K. Puri, Romy Chacko, C.K. Sasi, Advs.
JudgesS.B. Sinha and Mukundakam Sharma, JJ.
IssueTravancore-Cochin Medical Practitioners Act, 1953 - Sections 23 and 27; Homoeopathy Central Council Act, 1973 - Section 15; Travancore-Cochin Medical Practitioners Rules - Rule 49
CitationJT 2009 (3) SC 424 , 2009 (3) SCALE 86 , (2009) 3 SCC 654 , 2009 (3) SLJ 27 (SC) , 2009 (3) UJ 1401 (SC)
Judgement DateFebruary 23, 2009
CourtSupreme Court (India)

Judgment:

Mukundakam Sharma, J.

1. Leave granted.

2. These appeals filed by the State of Kerala are directed against the judgment and order dated 3.6.2005 passed by the Division Bench of the High Court of Kerala at Ernakulam affirming the order dated 15.9.2004 of the learned Single Judge of the same High Court.

3. The relevant facts for disposal of the appeals are as under:

Dr. Padiar Memorial Homoeopathic Medical College, Chottanikkara (hereinafter referred to as `Padiar Medical College') is a private college established in the year 1920 and governed by its Board of Trustees. On 30.12.1998 a decision in consultation with the Government of Kerala, was taken by the management of the college to introduce the `direct payment system'. At that time there were only 31 teaching staff and 20 non teaching staff. Consequent thereupon the management appointed 45 non-teaching staff and 21 teaching staff by letter dated 2.1.1999. On 24.1.2000, an agreement was executed between the Government of Kerala and the Governing Body of the College for bringing the said college under the `direct payment system' w.e.f. 1.1.2000. It was decided that all the members of the teaching staff who have not got themselves registered under Rule 49 of the Travancore-Cochin Medical Practitioners Rules (in short the `Rules') cannot avail of the benefit of the `direct payment system'. Rule 49 is extracted hereunder:

Rule 49 of the Travancore-Cochin Medical Practitioners Rule

49. Every person whose name has been entered in the Register shall be entitled to receive from the Registrar a certificate of Registration. Such certificate shall set forth the full name of the person registered, his designation, his address, the date and place of registration and the qualifications in respect of which he has been registered. Such certificate shall be in Form I as laid down in Appendix B.

4. G.O. (Ms) 511/95/H&FWD dated 10.11.1995 issued by the Department of Health and Family Welfare, Government of Kerala, provided that the system of direct payment will be introduced in the following three private Homoeopathic Colleges in the State, subject to the conditions stipulated hereunder:

1. Athurasramam Nair Service Society Homeopathic Medical College, Kurichy, Kottayam

2. Dr. Padiyar Memorial Homoeopathic Medical College, Chottanikara.

3. Sir Vidadhiraja Homeopathic Medical College, Nemom, Thiruvananthapuram

Conditions:

(a) Direct payment of salary will take effect from 01.11.1995

(b) All these private Homeopathic Colleges will enter into agreements with the Government to the effect that in respect of appointments of Staff and enrollment of students, they will abide by terms and conditions similar to those adopted in respect of private Engineering Colleges in the State.

(c) Dr. Padiyar Memorial Homeopathic College will not claim any Special rights of a Minority Institutions or of a self-financing institution.

(d) Shree Vidyadhiraja Homeopathic College shall obtain recognition from University of Kerala as a Precondition for implementation of the ``direct payment system''

5. The Government Order G.O.(MS) No. 100/2000ds)H&FWD dated 25.4.2000 was issued regarding the introduction of `direct payment system' with effect from 1.1.2000 which, inter alia, provided that `direct payment system' can be introduced in the Padiar Memorial Homeo College, allowing the management to fill up 15% seat for BHMS as is being enjoyed by the NSS Homeo College, Kurichy if they executed an agreement to this effect as provided in the conditions stipulated in the aforesaid Government order dated 10.11.1995. This Government order authorised the Senior Principal & Controlling Officer for Homoeopathic Education to take necessary action for making the staff fixation. Consequently, on...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT