Kerala High Court
WP(C)/42114/2017 of SREE AYYAPPANS HOMOEOPATHIC Vs STATE OF KERALA on 29 December 2017
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939 WP(C).No. 42114 of 2017 (L) ---------------------------- PETITIONER(S): ------------- SREE AYYAPPANS HOMOEOPATHIC HOSPITAL AND EDUCATIONAL TRUST, (REG.NO.IV
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939
WP(C).No. 42114 of 2017 (L)
----------------------------
PETITIONER(S):-------------
SREE AYYAPPANS HOMOEOPATHIC HOSPITAL AND EDUCATIONAL TRUST, (REG.NO.IV 185/05), THUVAYOOR NORTH, MANAKKALA P.O., AMBICHIRA, ADOOR, 691 551 REPRESENTED BY ITS SECRETARY, DR.N.SREEJITH, AGED 36 YEARS, S/O.DR.K.NARAYANAN, RESIDING AT SREEBHAVANAM, THUVAYOOR NORTH, MANAKKALA P.O., AMBICHIRA, ADOOR 691 551.
BY ADV. SRI.T.GOPALAKRISHNAN
RESPONDENT(S):--------------1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM 695 001.2. THE PRINCIPAL & CONTROLLING OFFICER, GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE, THIRUVANANTHAPURAM 695 009.3. THE SECRETARY, DEPARTMENT OF AYUSH, GOVT.OF KERALA, SECRETARIAT ANNEXE, THIRUVANANTHAPURAM 1.
BY GOVERNMENT PLEADER SMT.A.C.VIDHYA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON29-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX
PETITIONERS' EXHIBITS
EXHIBIT P1TRUE COPY OF THE APPLICATION FOR PERMISSION FROM GOVT.OF KERALA FOR CONDUCTING HOMEOPATHIC NURSE-CUM-PHARMACY COURSE DATED 12.3.2004.GOVT.OF KERALA FOR CONDUCTING HOMEOPATHIC NURSE-CUM-PHARMACY COURSE DATED 12.3.2004.
EXHIBIT P2TRUE COPY OF THE REPRESENTATION DATED 25.01.2006.
EXHIBIT P3TRUE COPY OF THE REPRESENTATION DATED 01.07.2015.
EXHIBIT P4TRUE COPY OF THE REPLY DATED 20.2.2016.
EXHIBIT P5TRUE COPY OF THE REPRESENTATION DATED 20.1.2016.
EXHIBIT P6TRUE COPY OF THE COMMUNICATION NO.2816/C3/2015/GHMCT DATED 9.2.2016.DATED 9.2.2016.
EXHIBIT P7TRUE COPY OF THE COMMUNICATION NO.5110/RTI-05/16/GHMCTDATED 19.12.2016.DATED 19.12.2016.
EXHIBIT P8TRUE COPY OF THE REPRESENTATION DATED 21.1.2016.
EXHIBIT P9TRUE COPY OF THE G.O.(RT)NO.160/2016/AYUSH DATED 7.4.2016.7.4.2016.
EXHIBIT P10TRUE COPY OF THE PROCEEDINGS NO.8517/EB2/10/DH DATED 25.11.2010 OF THE DIRECTORATE OF HOMOEOPATHY.25.11.2010 OF THE DIRECTORATE OF HOMOEOPATHY.
EXHIBIT P11TRUE COPY OF THE PROCEEDINGS NO.4147/EB2/2016/DB DATED18.6.2016 OF THE DEPUTY DIRECTOR OF HOMEO.18.6.2016 OF THE DEPUTY DIRECTOR OF HOMEO.
EXHIBIT P12TRUE COPY OF THE DRAFT PROSPECTUS PUBLISHED IN THE SITE OF THE TRUST.SITE OF THE TRUST.
EXHIBIT P13TRUE COPY OF THE REPRESENTATION DATED 17.2.2017.
RESPONDENTS' EXHIBITS : NIL
/TRUE COPY/
Pn
P. A. TO JUDGE
DEVAN RAMACHANDRAN, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.42114 of 2017
- - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29[th] day of December, 2017
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JUDGMENT
The petitioner claims to be a private Trust incorporatedunder the provisions of the Indian Trusts Act, 1882. Accordingto them, they had approached the respondents to grant themapproval to conduct a Certificate Course in HomeopathicPharmacy (CCP), considering the need for trainedHomeopathic Pharmacists in Government and private sectorand in the light of Clinical Establishments (Registration &Regulation) Act, 2010. The petitioner says that they havepreferred Exts.P1, P2, P3, P5 and P8 representations beforethe 3[rd] respondent, Secretary of the Department of AYUSH,Government of Kerala, who, according to the petitioner is thecompetent Authority to take a decision on their request.
2. I have heard Sri.T.Gopalakrishnan, the learnedcounsel for the petitioner and the learned Government Pleaderfor the respondents.
3. I do not propose to go into the merits of this writpetition, because I am of the view that this Court is notjustified in concluding affirmatively on any of the issues raised herein. The issues that are impelled in this writ petition are
squarely within the domain of the applicable Acts andRegulations, for which there are specified competent Authorities.The learned counsel for the petitioner submits that the 3[rd]respondent is competent to consider their representations andthat if such is done, then most of their grievance would beallayed. The learned Government Pleader does not refute thesubmission, but only says that these are matters of policy whichwill have to be taken by the Government of Kerala at theappropriate level.
4. Taking into account the submissions as above, I am of the view that this writ petition deserves to be ordered with adirection to the 3[rd] respondent to take up Exts.P1, P2, P3, P5 andP8 representations made by the petitioner before him and todispose them of in terms of law, after evaluating and assessingthe various contentions raised by the petitioner, in the light ofthe Clinical Establishments (Registration & Regulation) Act,2010, and to pass appropriate orders thereon in terms of theProvisions of the Act and applicable Regulations.
5. I reiterate that I have not considered any of the W.P.(c).No.42114 of 2017
contentions of the petitioner on its merits and it is up to the 3[rd]respondent to take a decision untrammelled by this writ petitionor this judgment, within the domain of the applicable Statutesand Regulations.
This writ petition is ordered accordingly.
Sd/-
DEVAN RAMACHANDRANJUDGE
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