BY AD vs PIRAPPANCODE V.S.SUDHIR

THE HONOURABLE MR. JUSTICE P.M.MANOJ FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946 WP(C) NO. 26976 OF 2019 PETITIONER: DR.SHALINI G.UNNITHAN, AGED 44 YEARS W/O. V. MOHAN ROY, UPASANA LANE, AMBALAMUKKU, KURAVANKONAM ROAD, KOWDIAR P.O., THIRUVANANTHAPURAM - 695 003, PROFESSOR AND HEAD OF THE DEPARTMENT, DEPARTMENT OF REPERTORY, SREE VIDHYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE, NENMOM, THIRUVANANTHAPURAM - 20 BY ADV SAJEEV KUMAR K.GOPAL RESPONDENTS: 1 2 3 4 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, AYUSH DEPARTMENT, GOVERNMENT SECRETARY, THIRUVANANTHAPURAM - 695 001. THE SECRETARY TO GOVERNMENT FINANCE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001 THE PRINCIPAL AND CONTROLLING OFFICER GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE, AYRANIMUTTAM, THIRUVANANTHAPURAM, PIN - 695 009 THE ADMINISTRATIVE OFFICER GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE, AYRANIMUTTAM, THIRUVANANTHAPURAM, PIN - 6950009, DRAWING AND DISBURSING OFFICER, SREE 10 WP(C) Nos.11018 of 2019 & Connected cases VIDHYADHIRAJA HOMEOPATHIC MEDICAL COLLEGE, NEMOM, THIRUVANANTHAPURAM - 20 5 THE KERALA UNIVERSITY OF HEALTH SCIENCES MEDICAL COLLEGE P.O., THRISSUR - 680 596, REPRESENTED BY ITS REGISTRAR BY ADV SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED SCIENCE OTHER PRESENT: SRI.P.K.BABU, SPECIAL GOVERNMENT PLEADER (FINANCE) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.01.2025, ALONG WITH WP(C).35237/2009 AND CONNECTED CASES, THE COURT ON 14.03.2025 DELIVERED THE FOLLOWING: 11 WP(C) Nos.11018 of 2019 & Connected cases IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.M.MANOJ FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946 WP(C) NO. 30913 OF 2019 PETITIONER: DR.L.MINI DEVI, AGED 53 YEARS W/O.PADMAKUMAR, THRIVENI, ULIYAKOVIL.P.O., KOLLAM-691019, READER, DEPARTMENT OF PRACTICE OF MEDICINE, SREE VIDHYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE, NEMOM, THIRUVANANTHAPURAM. BY ADV SAJEEV KUMAR K.GOPAL RESPONDENTS: 1 2 3 4 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, AYUSH DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695001. THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001. THE PRINCIPAL AND CONTROLLING OFFICER, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, AYRANIMUTTAM, THIRUVANANTHAPURAM, PIN-695009. THE ADMINISTRATIVE OFFICER, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, AYRANIMUTTAM, THIRUVANANTHAPURAM, PIN-695009. DRAWING AND DISBURSING OFFICER, SREE VIDHYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE, 12 WP(C) Nos.11018 of 2019 & Connected cases NEMOM, THIRUVANANTHAPURAM. 5 THE KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE.P.O., THRISSUR-680596, REPRESENTED BY ITS REGISTRAR. BY ADV SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED SCIENCE OTHER PRESENT: SRI.P.K.BABU, SPECIAL GOVERNMENT PLEADER (FINANCE) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.01.2025 ALONG WITH WP(C).35237/2009 AND CONNECTED CASES, THE COURT ON 14.03.2025 DAY DELIVERED THE FOLLOWING: 13 WP(C) Nos.11018 of 2019 & Connected cases IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.M.MANOJ FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946 WP(C) NO. 30892 OF 2019 PETITIONER: DR.SAREESH S., AGED 44 YEARS S/O. V. SASIDHARAN, POOMKAVIL HOUSE, ADINADU SOUTH, KATTILKADAVU P.O. KARUNAGAPPILY KOLLAM, 690 542, LECTURER DEPARTMENT OF COMMUNITY MEDICINE,SREE VIDHYDHIRAJA HOMOEOPATHIC MEDICAL COLLEGE, NENOMOM, THIRUVANANTHAPURAM. BY ADV SAJEEV KUMAR K.GOPAL RESPONDENTS: 1 2 3 4 STATE OF KERALA REPRESENTED BY ITS SECRETARY, AYUSH DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM 695 001. THE PRINCIPAL AND CONTROLLING OFFICER, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, AYRANIMUTTAM, THIRUVANANTHAPURAM 695 009. THE ADIMINISTRATIVE OFFICER, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, AYRANIMUTTAM, THIRUVANANTHAPURAM 695 009. DRAWING AND DISBURSING OFFICER, SREE 14 WP(C) Nos.11018 of 2019 & Connected cases VIDHYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE, NEMOM, THIRUVANANTHAPURAM. 5 THE KERALA UNIVESITY OF HEALTH SCIENCE, MEDICAL COLLEGE P.O. THRISSUR 680 596, REPRESENTED BY ITS REGISTRAR. BY ADV SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED SCIENCE OTHER PRESENT: SRI.P.K.BABU, SPECIAL GOVERNMENT PLEADER (FINANCE) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.01.2025, ALONG WITH WP(C).35237/2009 AND CONNECTED CASES, THE COURT ON 14.03.2025 DELIVERED THE FOLLOWING: 15 WP(C) Nos.11018 of 2019 & Connected cases IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.M.MANOJ FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946 WP(C) NO. 35561 OF 2018 PETITIONER: DR.SMITHA M., AGED 42 YEARS W/O KOMALA KUMARAN M, T.C. 16/4306/2, DANETHUVILAYIL, KALATHIL, LANE, MURINJAPALAM, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM - 695011 BY ADVS. PIRAPPANCODE V.S.SUDHIR SRI.JELSON J.EDAMPADAM RESPONDENTS: 1 2 3 4 STATE OF KERALA, REP BY THE SECRETARY TO GOVERNMENT, AYUSH DEPARTMENT, GOVT SECRETARIAT, THIRUVANANTHAPURAM - 695001 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. THE KERALA UNIVERSITY OF HEALTH SCIENCE, REPRESENTED BY THE REGISTRAR,MULAMKUNNATHUKAVU,MEDICAL COLLEGE.P.O.THRISSUR 680 596. THE MANANGER, SREE VIDHYADHIRAJA HOMEOPATHIC,MEDICAL COLLEGE, 16 WP(C) Nos.11018 of 2019 & Connected cases NEMOM,THIRUVANANTHAPURAM 695 020. 5 6 7 8 9 THE PRINCIPAL AND CONTROLLING OFFICER, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE,IRANIMUTTOM,THIRUVANANTHAPURAM 695 001. THE PRINCIPAL IN CHARGE, SREE VIDHYADHIRAJA HOMOEOPATHIC,MEDICAL COLLEGE, NEMOM,THIRUVANANTHAPURAM 695 020. DR. REKHA CHANDRAN R, TUTOR (MATERIA MEDICA DEPARTMENT),SREE VIDHYADHIRAJA HOMEOPATHIC MEDICAL COLLEGE,NEMOM,THIRUVANANTHAPURAM 695 020. DR. K.N.USHA, TUTOR,(MATERIA MEDICA DEPARTMENT)SREE VIDHYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE,NEMOM,THIRUVANANTHAPURAM 695 020. DR.S.SEENA, TUTOR,(MATERIA MEDICA DEPARTMENT),SREE VIDHYADHIRAJA HOMEOPATHIC MEDICAL COLLEGE,NEMOM,THIRUVANANTHAPURAM 695 020.NOW UNDER DEPUTATION TO P.G.COURSE, MATERIA MEDICA,GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE,IRANIMUTTOM,MANACAUD P.O,THIRUVANANTHAPURAM 695 009. BY ADVS. SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED SCIENCE SRI.P.M.SANEER SRI.N.NANDAKUMARA MENON (SR.) SMT.M.U.VIJAYALAKSHMI SRI.P.K.MANOJKUMAR SRI.K.JAJU BABU (SR.) SRI.G.P.SHINOD SRI.GOVIND PADMANAABHAN KUM.NEETU VINOD SMT.SMITHA S.PILLAI SHRI.AJIT G ANJARLEKAR SMT.ALICE THOMAS 17 WP(C) Nos.11018 of 2019 & Connected cases SMT.M.C.SINY OTHER PRESENT: SRI.P.K.BABU, SPECIAL GOVERNMENT PLEADER (FINANCE) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.01.2025, ALONG WITH WP(C).35237/2009 AND CONNECTED CASES, THE COURT ON 14.03.2025 DELIVERED THE FOLLOWING: 18 WP(C) Nos.11018 of 2019 & Connected cases IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.M.MANOJ FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946 WP(C) NO. 35745 OF 2018 PETITIONER: DR. KRISHNAKUMAR M., AGED 42 YEARS READER, DEPARTMENT OF FORENSIC MEDICINE AND TOXICOLOGY, SHREE VIDHYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE, NEMOM, THIRUVANANTHAPURAM, S/O. G.MADHAVAN PILLAI, SANTHALAYAM, ERUVA P.O., KAYAMKULAM, ALAPPUZHA - 690 572. BY ADV SAJEEV KUMAR K.GOPAL RESPONDENTS: 1 2 3 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, AYUSH DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. THE PRINCIPAL AND CONTROLLING OFFICER, GOVERNMENT HOMOEPATHIC MEDICAL COLLEGE, AYRANIMUTTAM, THIRUVANANTAHPURAM-695009. THE ADMINISTRATIVE OFFICER, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, AYRANIMUTTAM, THIRUVANANTHAPURAM-695009, DRAWING AND DISBURSING OFFICER, SHREE VIDHYADHIRAJA HOMOEPATHIC MEDICAL COLLEGE, NEMOM, THIRUVANANTHAPURAM. 19 WP(C) Nos.11018 of 2019 & Connected cases 4 5 6 THE KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O., THRISSUR-680596, REPRESENTED BY ITS REGISTRAR. ADDL.R5 DR. SMITHA M AGED 42 YEARS W/O KOMALA KUMARAN M, T.C 16/4306/2, DANETHUVILAYIL, KALATHIL LANE, MURINJAPALAM, MEDICAL COLLEGE PO, THIRUVANANTHAPURAM-695011. (ADDL.R5 IMPLEADED AS PER THE ORDER DATED 22/11/2018 IN IA.NO.01/2018) ADDL. R6. THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT OF KERALA. (ADDITIONAL R6 IS SUO MOTU IMPLEADED AS PER THE ORDER DATED 25/07/2019 IN WPC) BY ADVS. SRI.P.SREEKUMAR,SC,KERALA UTY. HEALTH AND ALLIED SCIENCE PIRAPPANCODE V.S.SUDHIR OTHER PRESENT: SRI.P.K.BABU, SPECIAL GOVERNMENT PLEADER (FINANCE) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.01.2025, ALONG WITH WP(C).35237/2009 AND CONNECTED CASES, THE COURT ON 14.03.2025 DELIVERED THE FOLLOWING: 20 WP(C) Nos.11018 of 2019 & Connected cases IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.M.MANOJ FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946 WP(C) NO. 31589 OF 2019 PETITIONER: DR.SHINY MATHEW, AGED 45 YEARS D/O.SRI M.T MATHAI, SHINE COTTAGE, HOUSE NO.21, DEVINAGAR, KALADY, KARAMANA P O, THIRUVANANTHAPURAM-2, LECTURER, DEPARTMENT OF PATHOLOGY AND MICROBIOLOGY, SREE VIDHYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE, NANMOM, THIRUVANANTHAPURAM. BY ADV SAJEEV KUMAR K.GOPAL RESPONDENTS: 1 2 3 4 STATE OF KERALA REPRESENTED BY ITS SECRETARY, AYUSH DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN- 695001. THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001. THE PRINCIPAL AND CONTROLLING OFFICER, GOVERNMENT HOMOEPATHIC MEDICAL COLLEGE, AYRANIMUTTAM, THIRUVANANTHAPURAM, PIN-695009. THE ADMINISTRATIVE OFFICER, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, AYRANIMUTTAM, THIRUVANANTHAPURAM, PIN-695009, DRAWING AND DISBURSING OFFICER, SREE 21 WP(C) Nos.11018 of 2019 & Connected cases VIDHYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE, NEMOM, THIRUVANANTHAPURAM. 5 THE KERALA UNIVERSITY OF HELATH SCIENCES, MEDICAL COLLEGE P O, THRISSUR-680596, REPRESENTED BY ITS REGISTRAR. BY ADV SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES OTHER PRESENT: SRI.P.K.BABU, SPECIAL GOVERNMENT PLEADER (FINANCE) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.01.2025, ALONG WITH WP(C).35237/2009 AND CONNECTED CASES, THE COURT ON 14.03.2025 DELIVERED THE FOLLOWING: 22 WP(C) Nos.11018 of 2019 & Connected cases IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.M.MANOJ FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946 WP(C) NO. 31613 OF 2019 PETITIONER: DR.L.SHAJITHA BEEGUM, AGED 47 YEARS D/O.M.BADARUDEEN, V.S.M MANZIL, VELLAMKETTUVILA, NEMOM.P.O., PRAVACHAMBALAM, THIRUVANANTHAPURAM, LECTURER, DEPARTMENT OF PRACTICE OF MEDICIN,E SREE VIDHYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE, NENMOM, THIRUVANANTHAPURAM BY ADV SAJEEV KUMAR K.GOPAL RESPONDENTS: 1 2 3 4 STATE OF KERALA REPRESENTED BY ITS SECRETARY, AYUSH DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695001 THE SECRETARY TO GOVERNMENT FINANCE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001 THE PRINCIPAL AND CONTROLLING OFFICER GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE, AYRANIMUTTAM, THIRUVANANTHAPURAM, PIN-695009 THE ADMINISTRATIVE OFFICER GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, AYRANIMUTTAM, THIRUVANANTHAPURAM, PIN-695009. DRAWING THE DISBURSING OFFICER, SREE 23 WP(C) Nos.11018 of 2019 & Connected cases VIDHYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE, NEMOM, THIRUVANANTHAPURAM 5 THE KERALA UNIVERSITY OF HEALTH SCIENCES MEDICAL COLLEGE.P.O., THRISSUR-680596, REPRESENTED BY ITS REGISTRAR BY ADV SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES OTHER PRESENT: SRI.P.K.BABU, SPECIAL GOVERNMENT PLEADER (FINANCE) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.01.2025, ALONG WITH WP(C).35237/2009 AND CONNECTED CASES, THE COURT ON 14.03.2025 DELIVERED THE FOLLOWING: 24 WP(C) Nos.11018 of 2019 & Connected cases IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.M.MANOJ FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946 WP(C) NO. 40417 OF 2022 PETITIONER: DR.SURESHKUMAR P.V, AGED 56 YEARS READER, DEPARTMENT OF ORGANON OF MEDICINE, SREE VIDHYADHIRAJA HOMEOPATHIC MEDICAL COLLEGE, NEMOM. P.O, THIRUVANANTHAPURAM DISTRICT, PIN - 695020 BY ADV JESTIN MATHEW RESPONDENTS: 1 2 3 4 5 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,, PIN - 695001 THE SECRETARY TO GOVERNMENT FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,, PIN - 695001 THE SECRETARY TO GOVERNMENT AYUSH (B) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,, PIN - 695001 THE SECRETARY TO GOVERNMENT LAW DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 THE PRINCIPAL AND CONTROLLING OFFICER 25 WP(C) Nos.11018 of 2019 & Connected cases GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE, IRANIMUTTOM, THIRUVANANTHAPURAM, PIN - 695009 6 7 KERALA UNIVERSITY OF HEALTH SCIENCES MEDICAL COLLEGE P.O, THRISSUR, REPRESENTED BY ITS REGISTRAR., PIN - 680596 SREE VIDHYADHIRAJA HOMEOPATHIC MEDICAL COLLEGE NEMOM. P.O, THIRUVANANTHAPURAM DISTRICT, ,REPRESENTED BY ITS MANAGER., PIN - 695020 BY ADVS. SANEER P.M OTHER PRESENT: SRI.P.K.BABU, SPECIAL GOVERNMENT PLEADER (FINANCE) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.01.2025, ALONG WITH WP(C).35237/2009 AND CONNECTED CASES, THE COURT ON 14.03.2025, DELIVERED THE FOLLOWING: 26 WP(C) Nos.11018 of 2019 & Connected cases JUDGMENT Dated this the 14 th day of March, 2025 [WP(C) Nos.35237/2009, 11018/2019, 25113/2019, 25138/2019, 26976/2019, 30913/2019, 30892/2019, 35561/2018, 35745/2018, 31589/2019, 31613/2019, 40417/2022] Captioned writ petitions are preferred by the teaching faculties of Shree Vidyadhiraja Homeopathic Medical College and Hospital, Nemom. The grievance voiced in all these writ petitions except W.P.(C)No.35561 of 2018 is the non disbursement of salary and other benefits though their appointments against the posts were sanctioned by Government and the appointments were approved by the Governing Council of the Kerala University of Health Science in accordance with the directions of this Court in common Judgment dated 13.03.2015 in WP(C) No.7689 of 2015 and connected cases. For the purpose of convenience, I prefer to narrate the facts and circumstances in WP(C) No.11018/2019.

2. The petitioners in all these writ petitions are qualified Homeopathic Medical Practitioners working as 27 WP(C) Nos.11018 of 2019 & Connected cases Teaching Faculties under various capacities in different departments of the 5th respondent Homeopathic Medical College. The 5th respondent Medical College was brought under Direct Payment System (‘DPS’ for short) with effect from

01.09.2002 on execution of agreement between the State and the Management on 21.06.2003. As per the terms of the agreement and the provisions in DPS, the Government became the Pay Master. Even then the wages were not paid to the staff of the College. The issue relating to sanction of posts, approval of appointments, and payment of salary were taken up before the Government. Accordingly, meetings were held in the presence of the Chief Minister of Kerala, Minister of Health and Family Welfare Department, Principal Secretary Health and Family Welfare Department, Controlling Officer and Principal, Government Homeopathic Medical College, Thiruvananthapuram and all the stakeholders including the representatives of the Manager and the teaching and non- teaching faculties. 28 WP(C) Nos.11018 of 2019 & Connected cases

3. In the meeting held on 31.10.2011, a resolution was taken to follow the staff pattern under the regulations issued by the Central Council for Homeopathy. The resolution with respect to payment of salary and other allowances at the earliest was taken in the said meeting. At a subsequent meeting held on 14.02.2013, the Chief Minister of Kerala presided and resolved to disburse the salary with immediate effect. The Principal Secretary was given the charge of considering the education qualifications of the incumbents to pass appropriate orders, which is evident from Ext.P3.

4. Even that was not acted upon. Accordingly, the teaching and non teaching staffs of the 5th respondent college constrained to move this Court. Accordingly, writ petition No.18669 of 2015 and connected matters were preferred before this Court. By common judgment dated 13.03.2015, this Court has, categorically, disposed of the writ petitions by Ext.P4, wherein it was recorded that the Central Council for Homeopathic Regulation would govern the institution. Furthermore, upon recording the undertaking by the 29 WP(C) Nos.11018 of 2019 & Connected cases Government Pleader that the Government would abide by the decisions taken in the meeting and that a proposal would be forwarded, the Government would sanction the post. Accordingly, the following directions were issued. I. The manager shall send the proposal to workout decision within a period of one month to the Principal & Controlling Officer. II. On receipt of the proposal, the Principal & Controlling Officer, without any delay, shall forward the same to the Government for the approval of the staff pattern. III. The staff pattern shall be implemented with effect from 01.09.2002, the date on which Direct Payment System was introduced. IV. The Government shall take action to implement its decision in the light of proposal within two months after receipt of the same from the Principal & Controlling Officer. V. The interim order passed in respect of payment of salary to various writ petitions to continue till the government takes a decision. VI. Based on the approval of staff fixation, the University shall take a decision to approve the 30 WP(C) Nos.11018 of 2019 & Connected cases appointment of those petitioners within three months. VII. The entire arrears and monetary benefits shall be released without any delay.

5. Even thereafter, the said judgment was taken in appeal before the Division Bench by the State. However, that was dismissed and the judgment rendered by the learned Single Judge was upheld. Thereafter, the Government approached the Apex Court by preferring a Special Leave Petition. The SLP was also dismissed by order dated

16.08.2016.

6. As a result of the dismissal of the SLP based on the finding that Ext.P4 judgment had become final, the Government issued Ext.P5 GO(Rt) No.473/2016/Ayush/2016, and thereby sanctioned the staff pattern in accordance with the Central Council of Homeopathic Regulations, 1983 and 2002. That was extant regulations at the relevant period. Thereby clarified that the teaching and non-teaching staff appointed upto 10.09.2002 will be governed by the 1983 Regulations and those appointed after 11.09.2002 will be governed by the 31 WP(C) Nos.11018 of 2019 & Connected cases Regulations of Central Council of Homeopathic Medicine 2002. The manager was directed to forward the proposal for appointment of qualified individuals to Kerala University of Health Sciences for the approval after due scrutiny of the qualifications in accordance with Central Council of Homeopathic Guidelines within the stipulated period of three months.

7. Accordingly, upon forwarding the approval by the University, the Government has to consult Finance and Law Department to disburse the consequential arrears in the pay band implemented from 01.09.2002, till date to the eligible appointees.

8. In the light of Ext.P5 order and direction, the Kerala University of Health Science, the Governing Council of the University verified the proposal forwarded by the Manager and also scrutinized the qualifications possessed by the candidates and approved the proposal of appointment of 43 teaching staff i.e., 13 Professors, 15 Readers and 15 Lecturers. The list of incumbents, whose appointments were approved by the 32 WP(C) Nos.11018 of 2019 & Connected cases University were appended to its order, that is available in Ext.P6. All the petitioners in the captioned writ petitions are included in Ext.P6 list and their appointments were approved with their respective dates.

9. Despite the sanctioning of posts and approval of appointments in accordance with Ext.P4 judgment and consequential order as per Ext.P5, no further orders were issued by the Government sanctioning the pay and other benefits.

10. However, WP(C) No.35561 of 2018 is preferred impugning Ext.P5 and P6, the consequential orders issued by the Government as well as the Kerala University of Health Sciences, only on the background of the assignment of inter se seniority among the petitioner and three other tutors, namely, Dr.Rekhachandran, Dr.K.N.Usha and Dr. Seema from the Department of Materia Medica under the 5th respondent College. The petitioner is also from the same Department.

11. The learned Special Government Pleader for Finance opposed the contentions in all the writ petitions on the 33 WP(C) Nos.11018 of 2019 & Connected cases background that Ext.P4 order lacks the consultation or ratification by the Finance Department of the Government. It is stated that Ext.P5 is void since the concurrence of the Finance Department has not been obtained. Such contention is taken on the basis of Rule 10(1) of the Rules of Business of Government of Kerala which states no department shall without previous consultation with the Finance Department authorize any orders (other than the orders pursuant to any general delegation made by the Finance Department) which either immediately or by their repercussion will affect the finance of the State.

12. In order to decide the issue, I have to consider various issues; primarily the qualification of the petitioners; then the regulations by the Central Council of Homeopathy Regulations and its impact and then the directions in Ext.P4 judgment and its finality. Thereafter, the issue raised by the learned Special Government Pleader with respect to the consultation with the Finance Department of the Government as per the rules of Business of Government of Kerala. 34 WP(C) Nos.11018 of 2019 & Connected cases

13. The essential qualification for the Lecturer in Homeopathy subjects prescribed was Post Graduate qualification in Homeopathy or a degree in Homeopathy with four years of professional experience. The age limit prescribed is not more than 35 years on the last date of receipt of application for the post with a relaxation upto 5 years for exceptionally qualified persons with prior approval of the University concerned. In any of the case, the University is the authority to decide the qualification with respect to the petitioners. However, the University has not raised any dispute with respect to the qualification of the petitioners and forwarded Ext.P6 approval to the Government. Hence that issues need not be deliberated in this case.

14. The other contention is with respect to the impact of Homeopathy Regulations. In that regard it is contended that the Homeopathy Central Council Act, 1973 was enacted by the Parliament and received the assent of the President of India on

19.12.1973 and was published in the Gazette of India Extraordinary Part II, Page No. 683 dated 20.12.1973. The 35 WP(C) Nos.11018 of 2019 & Connected cases said Act was promulgated to make out provisions for obtaining prior approval of the Central Government for establishing Homeopathy Medical College and for increasing number of seats for introducing new or higher course of study, recognition of Homeopathic Medical College and also to prescribe minimum standards of education in the Homeopathy Medical College in the Country by providing uniform standard of Homeopathy practices and to regulate the registration of Homeopathy Practitioners.

15. The said regulation also provides for regulation of standards of medical education, practice and regulation of staff, i.e., teaching and non-teaching in the Colleges. Section 20 of the Act provides for minimum standards of education which is to be ensured by issuance of regulations with previous sanction of the Central Government and by notification in the official Gazette. Section 33 of the Act empowers the Central Council with previous sanction of the Central Government to make regulations notified in the official Gazette. It was in accordance with Section 33 and 20 of the Act, whereby the 36 WP(C) Nos.11018 of 2019 & Connected cases regulations were framed. The Homeopathic Central Council Act, 1973 was enacted by the Parliament in exercise of its powers under Entry 66 of List I of the VIIth Schedule of the Constitution. The Homeopathic Central Councill Act, 1973 and the Regulations framed thereunder are binding on the State. Recognition of the Homeopathic Medical College, the recognition of the course and seat to be allowed in each courses are regulated by the Central Council for the Homeopathy and the Regulations framed thereunder are binding on the State Government as in the case of Medical Council of India and the regulations framed by them. This position has been clarified by the Hon’ble Apex Court in Srivastava and Another v. State of Madhya Pradesh and others [1999 (7) SCC 120]. The situation is similar to that of University Grants Commission Act and All India Council for Technical Education Act 1987.

16. This part is already admitted by the Government, as evident in Ext.P3, the minutes of the meeting held on

14.02.2013, wherein it was resolved that the Central Council of 37 WP(C) Nos.11018 of 2019 & Connected cases Homeopathic Regulations 1983 and 2002 govern the sanction of posts and the approval of appointments for both teaching and non-teaching staff, which is an admitted fact in Ext.P4 judgment. The proposal forwarded by the Manager of the 5th respondent College was in compliance with the Regulations. Accordingly the 1st respondent Government by Ext.P5 Government Order dated 24.09.2016 sanctioned the staff strength in accordance with the Central Council of India Regulations 1983 and 2002. In tune with the same, University has also approved the appointments in terms of the Central Council of Homeopathy Regulations 1983 with respect to the appointments carried out from 1983 to 01.09.2002 and thereafter from 11.09.2002 in terms of 2002 Regulations.

17. However these issues with respect to Regulations were not raised by the Government while objecting the prayers in the writ petitions. The only issues raised were with respect to the finality of Ext.P4 judgment and the sustainability of Ext.P5 order in the light of the Rules of Business of the Government of Kerala especially under Rule 10(1) and Rule 26. 38 WP(C) Nos.11018 of 2019 & Connected cases

18. The learned counsel for the petitioners primarily contended that Ext.P4 judgment in WP(C) No.18669/2006 and connected cases dated 13.03.2015 had become final, as the Writ Appeal preferred before the Division Bench by the State was dismissed whereby Ext.P4 judgment was upheld. Thereafter the judgment of the Division Bench was taken up before the Hon’ble Apex Court. By order dated 16.08.2016, the SLPs preferred against those WA judgments were dismissed. Thereby Ext.P4 judgment become final and the State cannot turn around question the nature of judgment. Moreover, in compliance with the directions and on finding that Ext.P4 judgment became final, the Government issued Ext.P5 order. The said order was issued after complying with the formalities contemplated under Ext.P4 judgment in tune with the Central Council of Homeopathy Regulations. Thereby the Government is estopped from raising any objection in implementing Ext.P5 Government Orders.

19. In compliance with the directions in Ext.P4 judgment, the Government sanctioned the posts of the 5th 39 WP(C) Nos.11018 of 2019 & Connected cases respondent Homeopathic Medical College. The Kerala University of Health Science had approved the appointments of all the petitioners in the captioned writ petitions, after considering their respective merits with respect to their qualifications, age and other criteria specified in accordance with the Regulations 1983 and 2002 of the Central Council of Homeopathy Regulations.

20. The Governing Council of the University is empowered to approve the appointment of teachers in private and aided colleges under the Direct Payment System of the Government as per Section 23(XV) of the Kerala University of Health Science Act, 2010. The University accordingly scrutinized the qualifications of each candidate and approved the appointments of those individuals, whose names were included in Ext.P6 order dated 04.08.2018.

21. The approval of teachers appointed against posts is sanctioned by the Government in accordance with Section 57 of the Kerala University Act, 1974 since as per Section 58 of the Kerala University of the Health Science Act, 2010, the 40 WP(C) Nos.11018 of 2019 & Connected cases provisions of Section 51 to 68 of the Kerala University Act, 1974 would apply in case of private and aided colleges of the University. These provisions were also complied with insofar as the appointments were against the posts sanctioned by the Government and duly approved by the Governing Council of the Kerala University of Health Science Act. Therefore, it is contended that the appointments and approval of all the incumbents became final as objections were raised with respect to their eligibility in being appointed and in the light of the rejection of Special Leave to Appeal against the Division Bench judgment the entire issue became final.

22. What remains is the disbursement of salary, arrears and other allowances entitled to all the petitioners. In support of the contentions with respect to finality of the Ext.P4 judgment, the following decisions were brought to the notice of this Court. X v. Union of India [2023 KHC 6926], Union of India & others v. Major S.P. Sharma & others [2014 (6) SCC 351], M/s. Northern India Caterers (India) Ltd. v. Lt. Governor of Delhi, [1980 (2) SCC 167]. 41 WP(C) Nos.11018 of 2019 & Connected cases In X v. Union of India paragraph 19 it was held : “It is trite law that once a judgment or order attains finality, a party seeking to challenge the decision rendered may do so only by taking recourse to one of the following. a) Invoking the jurisdiction of the Court to review the judgment or order. b) Preferring an appeal against the judgment or order (where an appeal lies); or c) In the case of the Supreme Court, filing a curative petition. The reason for the availability of a limited number of routes by which a judgment can be challenged is that there must be a quietus to a dispute. Unlimited modes by which judgments or orders can be challenged would result in chaos, uncertainty and unpredictability. This is also the reason why an application for recall of an order or judgment cannot be entertained by this Court, save and except in exceptional circumstances such as where a party which is directly affected was not served with notice of the proceedings.”

23. Similarly in Union of India and others v. Major S.P. Sharma supra in paragraph 81 and 82 it was held : 42 WP(C) Nos.11018 of 2019 & Connected cases “81. Thus, the principle of finality of litigation is based on a sound firm principle of public policy. In the absence of such a principle great oppression might result under the colour and pretence of law in as much as there will be no end to litigation. The doctrine of res-judicata has been evolved to prevent such an anarchy. 82 In a country governed by the Rule of law, finality of judgment is absolutely imperative and great sanctity is attached to the finality of the judgment and it is not permissible for the parties to reopen the concluded judgments of the Court as it would not only tantamount to merely an abuse of the process of the Court but would have far reaching adverse effect on the administration of justice. It would also nullify the doctrine of stare decisis, a well established valuable principle of precedent which cannot be departed from unless there are compelling circumstances to do so. The judgments of the Court and particularly of the Apex Court of a country cannot and should not be unsettled lightly.”

24. In M/s.Northern India cited supra, with respect to finality of judgment Justice V.R. Krishna Iyyer observed that further waking up the issue by filing a review where already review petition is dismissed is like “asking for the moon”. 43 WP(C) Nos.11018 of 2019 & Connected cases

25. The counsel argued on behalf of the petitioners also addressed the argument with respect to consultation with the Finance Department under Rule 10(1) and Rule 26 of the Rules of Business of Government of Kerala. It is after 10 years of passing of judgment dated 13.03.2015 the Government has come up with such objection in implementing the order passed in compliance with the direction of Ext.P4 judgment. In fact Ext.P4 judgment was passed after recording the submission by the learned Government Pleader on behalf of the State. At that time these contentions were not taken up on behalf of the State. In compliance with the directions in Ext.P4 judgment the proposal was forwarded by the Manager through the Principal & Controlling Officer and the posts were sanctioned by the Government and forwarded for the approval to the Kerala University of Health Sciences. By approval of such appointments by the Kerala University of Health Sciences, the only thing remaining is the disbursement of the salary and other financial benefits by the Government. In that regard Ext.P5 Government Order was issued by the Ayush Department in the Government of Kerala under Health and Family Welfare 44 WP(C) Nos.11018 of 2019 & Connected cases Department. Now by a volt face the Finance Department alone cannot come with a contention that Ext.P5 Government Order is not sustainable as it has not obtained the concurrence from the Finance Department.

26. Rule 10(1) of the Rules of Business of the Government of Kerala states “no department shall without previous consultation with the Finance Department authorise any order (other than orders pursuant to any general delegation made by the finance department) which either immediately or by their repercussion, will affect finance of the state.” According to the petitioners, this contention based on Rule 10(1) will not sustain since Ext.P5 order was issued in compliance with directions in Ext.P4 which is a consensual order. The staff pattern was approved by the Government as the same is in accordance with the Central Council of Homeopathic Regulations 1983 and 2002. As per Part II Serial No.2 of the Rules of Business, the distribution of business between the department of Secretariat and the Ayush Department is included as second therein and all matters 45 WP(C) Nos.11018 of 2019 & Connected cases relating to educational institutions in Ayush under Government, including private and Aided, including allotment of new institutions, subjects and service matters of their staffs etc are the business of Ayush Department. The Finance Department has no role to play in the approval of staff pattern and appointment of teachers in colleges under direct payment system in Ayush Department. The role of Finance Department comes only when it affects the finance of the State.

27. In this case that only come with respect to granting of arrears with effect from 01.09.2002, the date on which the 5th respondent come under the Direct Payment System or from the date of appointment of the petitioners as in the case of petitioners herein. Even that power cannot be exercised since Ext.P4 judgment directed to sanction the staff pattern, posts and approval of the teachers by the University and on such sanctioning and approval, the entire arrears and monetary benefits are to be released and the judgment became final by the dismissal of SLP. Hence, the Finance 46 WP(C) Nos.11018 of 2019 & Connected cases Department cannot take a different stand against the directions in Ext.P4 judgment.

28. Similarly, Rule 26 of Rules of Business stipulates in case of extreme urgency the consultation and placing before the Cabinet could be overlooked. The compliance with the directions in the judgment of this Court, as upheld by the Division Bench, and the Apex Court itself, is an extremely urgent situation, which necessitated the issuance of orders by the concerned department. This is the circumstance in which the Ayush Department without consulting the Finance Department issued orders, on the strength of the directions of the Law Department in accordance with the directions in Ext.P4 judgment.

29. If the Government is of the opinion that Ext.P5 Government Order is bad, it had sufficient time and opportunity to cancel or rescind its own order on assigning sufficient reason, which has not been done till date or sought for any review or clarification of Ext.P4 judgment. In the absence of any such move, the government cannot take a 47 WP(C) Nos.11018 of 2019 & Connected cases different stand in complying with the directions in Ext.P4 judgment and implementation of Ext.P5 Government Order. The learned counsel for the petitioner argued that the decisions relied on by the Special Government Pleader in support of his contention are not sustainable. On accepting this contention after going through the following decisions pointed out by the learned Special Government Pleader for Finance, I am of the considered opinion that those decisions have no relevance in the case on hand.

30. The learned Special Government Pleader produced the decision of the Hon’ble Apex Court in Manish Kumar v. Union of India and Another[ (2021) 5 SCC 1], Union of India and another v. Karthick Chandra Mondal and Another[2010 KHC 4031], Rajendra Prataprao Mane and Others v. Sadashivrao Mandalik K.T.S.S.K.3 Ltd and Others[ 2012 KHC 4182], Bansal v. State of Rajasthan[ 2003 KHC 697] and MRF v. Manohar Parrikar and Others [(2010) 11 SCC 374]. 48 WP(C) Nos.11018 of 2019 & Connected cases

31. In MRF v. Manohar Parrikar and Others (supra), it was held that where the Rules of Business contain prohibitive or negative words, they are indicative of the intent that the provision is mandatory; in matters relating to revenue or finance rigorous observance of the Rules is essential; when the cabinet alone is competent to take a decision or where the Finance Department has conveyed its disagreement or where there is no prior consultation with the finance department, the decision of the individual Minister is liable to be quashed; where the Rules of Business have not been complied with, then the decision/communication cannot be termed as a government decision and an individual functionary cannot bypass the Rules of Business and the requirement for certain matters to be placed before the Council of Ministers.

32. In Bansal v. State of Rajasthan (supra) it was held that till the advice of the council of ministers is accepted by the Governor, views of the Council of Ministers does not get crystallized into action of the State. On going by the contentions and on the basis of the aforementioned decisions, 49 WP(C) Nos.11018 of 2019 & Connected cases it appears that those decisions have no application since, I found that Ext.P4 judgment became final. Ext.P5 is the consequential order passed by the Government which need to be implemented. The challenge raised against such order by the Special Government Pleader, on the basis of violation of Rules of Business, will not sustain.

33. Further it is contended that since there is no argument of infirmity with respect to the qualification and eligibility of the petitioners in the light of Exts.P5 and P6, the petitioners are entitled for salary and arrears.

34. The other argument raised by the learned Special Government Pleader is that non convening of the Selection Committee will negate the appointments. Such an argument is raised without considering the facts involved in this case. None of the appointments in the 5th respondent College were carried out by a Selection Committee since the Government had not allotted its nominee despite the intimation from the College requiring the Government to delegate its nominee for the Selection Committee to facilitate appointment to various posts. 50 WP(C) Nos.11018 of 2019 & Connected cases Moreover, this contention is taken for the first time while defending the prayers to implement Ext.P5. Such contentions were never taken in any stage during the finalisation of Ext.P4 judgment.

35. The learned counsel for the petitioner in WP(C) No.35561 of 2018 is primarily stressing on the inter se seniority between the petitioner therein and respondents 7 to

9. She initially joined as Guest Lecturer in 5th respondent college on 10.01.2003. Thereafter, she was appointed as Tutor in Materia Medica Department, with effect from the date of her initial appointment as Guest Lecturer. This was in compliance with Kerala State Homeopathic Medical College Services Rules dated 19.3.2001. Later, under the agreement dated

21.06.2003, the 5th respondent College and the Government entered into an agreement under the Direct Payment System.

36. As per paragraph 6.1 of the agreement there shall be a selection committee for the selection of teaching staff for appointment and as per para 7.1 all future appointment towards teaching staff shall be made by educational agency 51 WP(C) Nos.11018 of 2019 & Connected cases only from the list of persons prepared by the selection committee. Thereby the appointment to both teaching and non teaching staffs on and from 21.06.2003 shall be only through a selection committee. According to the petitioner, the petitioner was appointed on 10.01.2003 as per the Special Rules, prior to execution of the agreement between the college and the Government. Therefore, she cannot be equated with the other incumbents, whose appointments were as per Ext.P5 and they cannot be considered together. On these primary backgrounds, the petitioner in the afore writ petition challenges Exts.P5 and P6 orders without bringing all the affected persons in the party array.

37. The challenge raised is against the entire order and is not limited to the extent that it affects the seniority of the incumbents in the Department of Materia Medica. Therefore, the challenges raised in this writ petition cannot be considered together. Moreover, it appears that if such challenge is allowed, that will affect majority of the incumbents under the 5th respondent college, who were not properly 52 WP(C) Nos.11018 of 2019 & Connected cases represented in the writ petition. On that background itself, the arguments raised by the learned counsel for the petitioner were not worth to consider. On accepting the contentions raised by the side of the petitioners in all the other writ petitions, I find that there is nothing to controvert the arguments of the learned counsel for the petitioners in all the other writ petitions. Hence, all those writ petitions are allowed and WP(C) No.35561 of 2018 is dismissed. sd/- P.M.MANOJ JUDGE 53 WP(C) Nos.11018 of 2019 & Connected cases APPENDIX OF WP(C) 11018/2019 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 EXHIBIT P7 Exhibit P8 Exhibit P9 Exhibit P10 TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE PETITIONER DATED 01.04.2011. TRUE COPY OF THE ORDER DATED 30.03.2012 APPOINTING THE PETITIONER AS LECTURER. TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 14.02.2013 TRUE COPY OF THE JUDGMENT IN WP(C)NO.7689 OF 2015 DATED 13.03.2015. TRUE COPY OF THE ORDER DATED 24.09.2016 ISSUED BY THE HOMOEO MEDICAL EDUCATION DEPARTMENT. TRUE COPY OF THE ORDER DATED 04.08.2018 ISSUED BY THE 3RD RESPONDENT UNIVERSITY ALONG WITH RELEVANT EXTRACTS OF THE APPENDIX. TRUE COPY OF THE JUDGMENT IN WP(C) 23504 OF 2016 DATED 22.02.2019. TRUE COPY OF THE OPINION FURNISHED BY THE LAW DEPARTMENT OBTAINED UNDER THE PROVISIONS OF RTI ACT THE LAW DEPARTMENT REITERATED ITS EARLIER OPINION. TRUE COPY OF THE LEGAL OPINION FURNISHED BY THE LAW DEPARTMENT ON 03.08.2022 A TRUE COPY OF THE LEGAL OPINION DATED 16.06.2021 PROVIDED BY THE OFFICE OF THE LEARNED ADVOCATE GENERAL TO THE AYUSH (B) DEPARTMENT 54 WP(C) Nos.11018 of 2019 & Connected cases Exhibit P11 THE LETTER DATED 26.08.2021 ISSUED BY THE AYUSH DEPARTMENT ALONGWITH EXT. P10 TO SHRI MANU C RESPONDENT EXHIBITS Exhibit R1(a) True copy of the order GO(MS) No.184/2003/HFWD dated 03-09-2003 Exhibit R1(b) True copy of the Homeopathy(Minimum Standards of Education) Regulation 1983 Exhibit R1(c) True copy of the Homeopathy(Minimum Standards of Education) Amended Regulation 2002 Exhibit R1(d) True copy of GO(MS) No.203/2006/HFWD dated 22-09-2006 Exhibit R1(e) True copy of the order GO(MS) No.346/2008/HFWD dated 09-07-2008 Exhibit R1(f) True copy of the order GO(MS) No.376/2009/HFWD dated 30-10-2009 Exhibit R1(g) True copy of the agreement made between the Management and the Government dated 21-06-2003 EXHIBIT R6(d) TRUE COPY OF THE ORDER DATED 22.11.2019 IN S.L.P NO. 27213/2019. EXHIBIT R6(c) TRUE COPY OF THE JUDGMENT DATED 09.10.2019 IN W.A NO. 2061/2019. EXHIBIT R6(b) TRUE COPY OF THE MEMORANDUM OF WRIT APPEAL FILED BY THE 1ST RESPONDENT, AS W.A NO. 2061/2019. EXHIBIT R6(a) TRUE COPY OF THE RELEVANT EXTRACT OF THE CENTRAL COUNCIL OF HOMOEOPATHY 55 WP(C) Nos.11018 of 2019 & Connected cases (MINIMUM STANDARDS OF EDUCATION) REGULATIONS 1983, AMENDED UPTO 2002. 56 WP(C) Nos.11018 of 2019 & Connected cases APPENDIX OF WP(C) 25113/2019 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.27140/2008 OF THIS HON'BLE COURT. TRUE COPY OF THE GOVERNMENT ORDER DATED 24.09.2016 VIDE G.O.RT NO.473/2016/AYUSH. TRUE COPY OF THE JUDGMENT IN WP(C) NO.12192 OF 2017 OF THIS HON'BLE COURT. TRUE COPY OF THE ORDER DATED 04.08.2018, ISSUED BY THE 4TH RESPONDENT. TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN WP(C) NO.31250 OF 2010. EXHIBIT P6 TRUE COPY OF THE INTERIM ORDER DATED 25.07.2019. RESPONDENT EXHIBITS Exhibit R1(a): A true copy of the order GO(MS)No.184/2003/H and FWD dated 03- 09-2003. Exhibit R1(b): A true copy of the relevant pages of Homoeopathy (minimum standards of education Regulation 1983 Exhibit R1(c): A true copy of the Homoeopathy (minimum standards of education)Amended Regulation 2002 Exhibit R1(e): A true copy of GO(MS)No.203/2006/H and FWD dated 22-09-2006 57 WP(C) Nos.11018 of 2019 & Connected cases Exhibit (f): A true copy of GO(MS)No.346/2008/H and FWD dated 09-07-2008 Exhibit R1(g): A true copy of GO(MS)No.376/2009/H and FWD dated 30-10-2009 Exhibit R1(h): A true copy of the agreement made between the management and the Government dated 21-06-2003 58 WP(C) Nos.11018 of 2019 & Connected cases APPENDIX OF WP(C) 25138/2019 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 Exhibit-P7 TRUE COPY OF THE JUDGMENT IN W.P(C) NO. 27140/2008 OF THIS HON'BLE COURT TRUE COPY OF THE GOVERNMENT ORDER DATED 24-09-2016 VIDE G.ORT NO. 473/2016/AYUSH TRUE COPY OF THE JUDGMENT IN W.P(C) NO. 12192 OF 2017 OF THIS HON'BLE COURT TRUE COPY OF THE ORDER DATED 04-08-2018 ISSUED BY THE 4TH RESPONDENT TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN W.P(C) NO. 31250 OF 2010 TRUE COPY OF THE INTERIM ORDER DATED 25-07-2019 OF THIS HON'BLE COURT. True copy of the order dated 18.11.2020 passed by the Hon’ble Supreme Court in SLP(C) No. 10603/2020 RESPONDENT EXHIBITS Exhibit R1 (a) True copy of the order GO(MS) No. 184/2003 H AND FWD dated 03.09.2003 Exhibit R1 (b) True copy of the Homoeopathy (Minimum Standards of Education ) Regulation 1983 Exhibit R1 (c) True copy of the relevant pages of the Homoeopathy (Minimum Standards of Education) Amended Regulation 2002 Exhibit R1 (d) True copy of GO(MS) No. 203/2006/H and 59 WP(C) Nos.11018 of 2019 & Connected cases FWD dated 22.09.2006 Exhibit R1 (e) True copy of the GO (MS) No. 346/2008/H and FWD dated 09.07.2008 Exhibit R1 (f) True copy of the GO(MS) No.376/2009/H and FWD dated 30.10.2009 Exhibit R1 (g) True copy of the Agreement made between the Management and the Government dated 21.06.2003 60 WP(C) Nos.11018 of 2019 & Connected cases APPENDIX OF WP(C) 26976/2019 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 Exhibit-P7 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.27140/2008 OF THIS HON'BLE COURT TRUE COPY OF THE GOVERNMENT ORDER DATED 24-09-2016 VIDE G.O.RT.NO.473/2016/AYUSH TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.12192 OF 2017 OF THIS HON'BLE COURT TRUE COPY OF THE ORDER DATED 04-08-2018 ISSUED BY THE 4TH RESPONDENT TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.31250 OF 2010 TRUE COPY OF THE INTERIM ORDER DATED 25-07-2019 True copy of the order passed by the Hon’ble Supreme Court in SLP(C) No. 10603/2020 dated 18.11.2020. RESPONDENT EXHIBITS EXHIBIT R1(a) TRUE COPY OF THE ORDER GO(MS)184-2003- HEALTH AND FAMILY WELFARE DEPT DATED 3- 9-2003 EXHIBIT R1(b) TRUE COPY OF THE HOMEOPATHY (MINIMUM STANDARDS OF EDUCATION ) REGULATION 1983 EXHIBIT R1(c) TRUE COPY OF THE HOMEOPATHY (MINIMUM STANDARDS OF EDUCATION)AMENDED REGULATION ,2002 61 WP(C) Nos.11018 of 2019 & Connected cases EXHIBIT R1(e) TRUE COPY OF GO(MS)NO203-2006-HEALTH AND FAMILY WELFARE DEPT DATED 22-9-2006 EXHIBIT R1(f) TRUE COPY OF GO(MS) 346-2008-HEALTH AND FAMILY WELFARE DEPT DATED 9-7-2008 EXHIBIT R1(g) TRUE COPY OF GO(MS) NO376-2009-HEALTH AND FAMILY WELFARE DEPT DATED 30-10- 2009 EXHIBIT R1(h) TRUE COPY OF THE AGREEMENT MADE BETWEEN THE MANAGEMENT AND THE GOVERNMENT DATED21-6-2003 62 WP(C) Nos.11018 of 2019 & Connected cases APPENDIX OF WP(C) 30913/2019 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 Exhibit-P7 Exhibit-P8 Exhibit-P9 TRUE COPY OF THE JUDGMENT IN W.P. (C)NO.27140/2008 OF THIS HON'BLE COURT. TRUE COPY OF THE GOVERNMENT ORDER DATED 24.9.2016 VIDE G.O.RT NO.473/2016/AYUSH. TRUE COPY OF THE JUDGMENT IN WPC.NO.12192 OF 2017 OF THIS HON'BLE COURT. TRUE COPY OF THE ORDER DATED 4.8.2018 ISSUED BY THE 5TH RESPONDENT. TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN WPC.NO.31250 OF 2010. TRUE COPY OF THE INTERIM ORDER DATED 25.7.2019 OF THIS HON'BLE COURT. True copy of the Govt. order dated 26- 02-2011 vide G.O. (MS) No. 137/2011/H and FWD True copy of the Govt. order dated 18- 06-2012 vide G.O. (MS) No. 185/2012/H and FWD True copy of the judgment dated 09.10.2019 in writ appeal No. 1977/2019 and connected cases Exhibit-P10 True copy of the interim order passed in SLP Civil No.27213/2019 dated 22-11- 2019 Exhibit-P11 True copy of the interim order passed 63 WP(C) Nos.11018 of 2019 & Connected cases by the Hon’ble Supreme court dated 18- 11-2020 in SLP Civil No.10603/2020 RESPONDENT EXHIBITS EXHIBIT R1(a) A TRUE COPY OF THE ORDER GO(MS)NO.184/2003/H AND FWD DATED 03- 09-2003 EXHIBIT R1(b) A TRUE COPY OF THE RELEVANT PAGES HOMOEOPATHY (MINIMUM STANDARDS OF EDUCATION )REGULATION 1983 EXHIBIT R1(c) A TRUE COPY OF THE HOMOEOPATHY (MINIMUM STANDARDS OF EDUCATION )AMENDED REGULATION 2002 EXHIBIT R1(d) A TRUE COPY OF GO(MS)NO.203/2006/H AND FWD DATED 22-09-2006 EXHIBIT R1(e) A TRUE COPY OF GO(MS)NO.346/2008/H AND FWD DATED 09-07-2008 EXHIBIT R1(f) A TRUE COPY OF GO(MS)NO.376/2009/H AND FWD DATED 30-10-2009 EXHIBIT R1(g) A TRUE COPY OF THE AGREEMENT MADE BETWEEN THE MANAGEMENT AND THE GOVERNMENT DATED 21.06.2003 64 WP(C) Nos.11018 of 2019 & Connected cases APPENDIX OF WP(C) 30892/2019 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 Exhibit-P7 Exhibit-P8 Exhibit-P9 TRUE COPY OF THE JUDGMENT IN WPC NO. 27140/2008 OF THIS HONBLE COURT. TRUE COPY OF THE GOVERNMENT ORDER DATED 24.09.2016 VIDE G.O. RT NO. 473/2016/AYUSH. TRUE COPY OF THE JUDGMENT IN WPC NO. 12192 OF 2017 OF THIS HONBLE COURT. TRUE COPY OF THE ORDER DATED 04.08.2018 ISSUED BY THE 4TH RESPONDENT. TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HONBLE COURT IN WPC NO. 31250 OF 2010. TRUE COPY OF THE INTERIM ORDER DATED 25.07.2019 OF THIS HONBLE COURT. True copy of the Govt. order dated 26- 02-2011 vide G.O. (MS) No. 137/2011/H and FWD True copy of the Govt. order dated 18- 06-2012 vide G.O. (MS) No. 185/2012/H and FWD True copy of the judgment dated 09.10.2019 in writ appeal No. 2061/2019 and connected cases in writ appeal No. 2061/2019 and connected cases Exhibit-P10 True copy of the interim order passed in SLP Civil No.27213/2019 dated 22-11- 2019 Exhibit-P11 . True copy of the interim order passed 65 WP(C) Nos.11018 of 2019 & Connected cases by the Hon’ble Supreme court dated 18- 11-2020 in SLP Civil No.10603/2020 RESPONDENT EXHIBITS Exhibit R1(a): A true copy of the order GO(MS)No.184/2003/H and FWD dated 03- 09-2003 Exhibit R1(b): A true copy of the relevant pages Homoeopathy (minimum standards of education)regulation 1983 Exhibit R1(c): A true copy of the Homoeopathy (minimum standards of education )Amended regulation 2002 Exhibit R1(e): A true copy of the GO(MS)No.203/2006/H and FWD dated 22-09-2006 Exhibit R1(f): A true copy of GO(MS)No.346/2008/H and FWD dated 09-07-2008 Exhibit R1(g): A true copy of GO(MS)No.376/2009/H and FWD dated 30-10-2009 Exhibit R1(h) A true copy of the agreement made between the Management and the Government dated 21-06-2003 66 WP(C) Nos.11018 of 2019 & Connected cases APPENDIX OF WP(C) 35561/2018 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 EXHIBIT P7 EXHIBIT P8 TRUE COPY OF THE GO (RT) NO 3672/78/HD DATED 14.12.1978 AND THE BYE LAW OF SREE VIDYADHIRAJA HOMEOPATHIC MEDICAL COLLEGE,THIRUVANANTHAPURAM APPENDED TO IT. TRUE COPY OF THE ORDER NO 25 DATED 23.4.2003 OF THE SECRETARY SREE VIDYADHIRAJA VIDYA SAMAJAM, APPOINTED AS TUTOR IN THE MATERIA MEDICA DEPARTMENT. TRUE COPY OF THE RELEVANT EXTRACT OF THE KERALA STATE HOMEOPATHIC MEDICAL COLLEGES SERVICE RULES PUBLISHED BY THE GOVERNMENT OF KERALA,HEATH AND FAMILY WELFARE DEPARTMENT AS PER GO(P) NO 79/2001/H AND FWD DATED 19.3.2001. TRUE COPY OF THE AGREEMENT ENTERED INOT BETWEEN THE GOVERNMENT AND THE SECRETARY SREE VIDYADHIRAJA VIDYA SAMAJAM ON 21.6.2003. TRUE COPY OF THE GO(RT) NO 945/04/H AND FWD DATED 27.3.2004. TRUE COPY OF THE ORDER NO 85 DATED 10.6.2005 OF THE SECRETARY SREE VIDYADHIRAJA VIDYA SAMAJAM. TRUE COPY OF THE GO(MS) NO 346/2008/H AND FWD DATED 9.7.2008 TRUE COPY OF THE ORDER NO AC.F.V/21341/2010 DATED 16.4.2010 OF THE REGISTRAR, UNIVERSITY OF KERALA. 67 WP(C) Nos.11018 of 2019 & Connected cases EXHIBIT P9 TRUE COPY OF THE GO(MS) NO 137/2011/H & FWD DATED 26.2.2011. EXHIBIT P10 TRUE COPY OF THE GO(MS) NO 185/2012/H & FWD DATED 18.6.2012. EXHIBIT P11 TRUE COPY OF THE GO(MS) NO 213/2012/H & FWD DATED 7.7.2012 EXHIBIT P12 EXHIBIT P13 EXHIBIT P14 EXHIBIT P15 TRUE COPY OF THE JUDGMENT DATED 13.3.2015 OF THIS HON'BLE COURT IN WPC NO 18669/2006 TRUE COPY OF THE LETTER NO 171/J2/2015/H & FWD DATED 26.7.2015 OF THE 1ST RESPONDENT. TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.A NO 1684/2015 IN WPC NO 27140/2008 TRUE COPY OF THE JUDGMENT DATED 1.3.2016 OF THIS HON'BLE COURT IN WA NO 2498/2015 WPC NO 18669/2006 EXHIBIT P16 TRUE COPY OF THE GO(RT) NO 473/2016/AYUSH DATED 24.9.2016 EXHIBIT P17 EXHIBIT P18 EXHIBIT P19 TRUE COPY OF THE REPRESENTATION DATED 3.1.2017 SUBMITTED BY THE FATHER OF THE PETITIONER BEFORE THE 3RD RESPONDENT. TRUE COPY OF THE REPRESENTATION DATED 27.1.2017 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. TRUE COPY OF THE ORDER NO 6772/ACI/GEN/A3/15/KUHS DATED 4.8.2018 OF THE 3RD RESPONDENT. EXHIBIT P20 TRUE COPY OF THE REPRESENTATION DATED 68 WP(C) Nos.11018 of 2019 & Connected cases EXHIBIT P21 EXHIBIT P22 EXHIBIT P23 EXHIBIT P24 EXHIBIT P25 EXHIBIT P26 EXHIBIT P27 EXHIBIT P28

11.9.2018 SUBMITTED BY THE FATHER OF THE PETITIONER BEFORE THE HON'BLE MINISTER FOR FINANCE. TRUE COPY OF HE APPLICATION DATED 10.08.2018 SUBMITTED BY THE APPLICANT BEFORE THE PUBLIC INFORMATION OFFICER, GOVT.HOMOEOPATHIC MEDICAL COLLEGE,UNDER RIGHT TO INFORMATION ACT TRUE COPY OF THE REPLY DATED 17.09.2018 OF THE STATE PUBLIC INFORMATION OFFICER TO EXT.P21 APPLICATION TRUE COPY OF THE ORDER NO.018/2013/AC II/KUHS/2012 DATED 31.01.2013 OF THE KERALA UNIVERSITY OF HEALTH SCIENCES TRUE COPY OF THE ORDER NO.1179/AC H/KUHS/2015 DATED 11.02.2016 OF THE KERALA UNIVERSITY OF HEALTH SCIENCES TRUE COPY OF THE APPLICATION DATED 12.11.2018, ADDRESSED TO THE STATE PUBLIC INFORMATION OFFICER, ANSS, HOMOEO MEDICAL COLLEGE, KURICHI UNDER RIGHT TO INFORMATION ACT. TRUE COPY OF THE LETTER NO.HC/929/A1/2018 DATED 18.12.2018 OF THE STATE PUBLIC INFORMATION OFFICER, ANSS HOMOEO MEDICAL COLLEGE, KURICHI TRUE COPY OF THE ORDER NO.018/2013/AC II/KUHS/2012 DATED 31.01.2013 OF THE KERALA UNIVERSITY OF HEALTH SCIENCES TRUE COPY OF THE JUDGMENT IN WPC. NO.25765/2008 DATED 10.03.2011 OF THIS HON’BLE COURT EXHIBIT P29 TRUE COPY OF THE APPLICATION DATED 12.06.2020, SUBMITTED BY THE FATHER OF 69 WP(C) Nos.11018 of 2019 & Connected cases EXHIBIT P30 EXHIBIT P31 THE PETITIONER, TO THE STATE PUBLIC INFORMATION OFFICER, FINANCE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM UNDER RIGHT TO INFORMATION ACT. TRUE COPY OF THE REPLY DATED 27.08.2020 OF THE UNDER SECRETARY AND STATE PUBLIC INFORMATION OFFICER-II, FINANCE DEPARTMENT TO EXT.P29 APPLICATION OF THE PETITIONER TRUE COPY OF THE DO LETTER NO.1336040/HLT-B1/110/2019-FIN DATED 17.03.2020 OF THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT ADDRESSED TO THE SECRETARY, DEPARTMENT OF AYUSH EXHIBIT P32 TRUE COPY OF THE MEMORANDUM OF WA NO.287/2020 WITHOUT ITS ENCLOSURES Exhibit P33 Exhibit P34 Exhibit P35 TRUE COPY OF THE APPLICATION DATED 10.04.2023 FILED BY THE FATHER OF THE PETITIONER UNDER RIGHT TO INFORMATION ACT, ADDRESSED TO THE STATE PUBLIC INFORMATION 24-26 OFFICER, AYUSH DEPARTMENT. True copy of the his letter No.B2/66/2023-AYUSH dated 20.04.2023, of the State Public Information Officer to the father of the petitioner True copy of the Kerala State Homoeopathic Medical Education (Teaching) Services Special Rules 2019 issued vide G.O.(P)No.6/2019/Ayush dated 11.03.2019, published in the Kerala Gazette Extra Ordinary No.736 dated 18.03.2019 Exhibit P36 TRUE COPY OF THE 70 WP(C) Nos.11018 of 2019 & Connected cases Exhibit P37 Exhibit P38 GO(RT)NO.156/2023/AYUSH DATED 11.5.2023 TRUE COPY OF THE STATEMENT CUM PAY/INCREMENT ARREAR BILL OF THE APPLICANT WITH EFFECT FROM 01.01.2021 TO 31.12.2022, REFERRING TO THE APPLICANT AS WORKING IN THE POST OF TUTOR TRUE COPY OF THE SALARY BILLS, FOR THE MONTH OF APRIL 2023 OF THE OTHER TEACHERS IN THE SREE VIDHYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE, WORKING IN THE POST OF TUTORS, DRAWING THEIR SALARY IN THE POST OF TUTORS, WHICH IS OBTAINED UNDER RIGHT TO INFORMATION ACT, ALONG WITH THE APPLICATION RESPONDENT EXHIBITS EXHIBIT R7(a) EXHIBIT R7(b) THE PHOTOSTAT COPY OF THE ORDER NO.SVVS/141(65)/2016 DATED 6-10-2016 ISSUED BY THE SECRETARY(SVV SAMAJAM) TO THE 7TH RESPONDENT THE PHOTOSTAT COPY OF THE ORDER NO.SVVS/141(66)/2016 DATED 6-10-2016 ISSUED BY THE SECRETARY(SVV SAMAJAM) TO THE 7TH RESPONDENT EXHIBIT R1(f) TRUE COPY OF GO(MS) 346-2008-HEALTH AND FAMILY WELFARE DEPARTMENT DATED 9-7- 2008 EXHIBIT R1(a) TRUE COPY OF THE ORDER GO(MS)184-2003- HEALTH AND FAMILY WELFARE DEPARTMENT DATED 3-9-2003 EXHIBIT R1(c) TRUE COPY OF THE HOMEOPATHY(MINIMUM STANDARDS OF EDUCATION ) AMENDED REGULATION 2002 71 WP(C) Nos.11018 of 2019 & Connected cases EXHIBIT R1(e) TRUE COPY OF GO(MS) NO203-2006-HEALTH AND FAMILY WELFARE DEPT DATED 22-9-2006 EXHIBITR1(g) TRUE COPY OF GO(MS) 376-2009-HEALTH AND FAMILY WELFARE DEPT DATED 30-10-2009 EXHIBIT R1(b) TRUE COPY OF THE RELEVANT PAGES OF HOMOEOPATHY REGULATION (MINIMUM STANDARDSOF EDUCATION) ,1983 EXHIBIT R1(h) TRUE COPY OF THE AGREEMENT MADE BETWEEN THE MANAGEMENT AND THE GOVERNMENT DATED 21.6.2003 72 WP(C) Nos.11018 of 2019 & Connected cases APPENDIX OF WP(C) 35745/2018 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 Exhibit-P6 Exhibit-P7 Exhibit-P8 Exhibit-P9 Exhibit-P10 TRUE COPY OF THE JUDGMENT IN WPC.27140/2008 OF THIS HON'BLE COURT TRUE COPY OF THE GOVERNMENT ORDER DATED 24.9.2016 VIDE G.O.RT NO.473/2016/AYUSH TRUE COPY OF THE JUDGMENT IN WPC.12192/2017 OF THIS HON'BLE COURT TRUE COPY OF THE ORDER DATED 4.8.2018 ISSUED BY THE 4TH RESPONDENT TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN WPC.31250/2010 True copy of the Govt. order dated 26- 02-2011 vide G.O. (MS) No. 137/2011/H and FWD True copy of the Govt. order dated 18- 06-2012 vide G.O. (MS) No. 185/2012/H and FWD True copy of the judgment in writ appeal No. 2061/2019 and connected cases True copy of the interim order passed in SLP Civil No.27213/2019 dated 22-11-2019 . True copy of the interim order passed by the Hon’ble Supreme court dated 18- 11-2020 in SLP Civil No.10603/2020 RESPONDENT EXHIBITS EXHIBIT R1(a) TRUE COPY OF THE GO(MS) 184-2003-HEALTH AND FAMILY WELFARE DEPT 73 WP(C) Nos.11018 of 2019 & Connected cases EXHIBIT R1(b) TRUE COPY OF THE HOMEOPATHY (MINIMUM STANDArds OF EDUCATION) EXHIBITR1(c) TRUE COPY OF THE HOMEOPATHY (MINIMUM STANDARDS OF EDUCATION) AMENDED REREGULATION 2002 EXHIBIT R1(e) TRUE COPY OF GO(MS) 203-2006-HEALTH AND FAMILY WELFARE DATED 22-9-2006 EXHIBIT R1(f) TRUE COPY OF GO (MS) 346-2008-HEALTH AND FAMILY WELFARE DATED9-7-2008 EXHIBIT R1(g) TRUE COPY OFGO(MS) 376-2009-HEALTHAND FAMILY WELFARE DEPT DATED 30-10-2009 EXHIBIT R1(h) TRUE COPY OFTHE AGREEMENT MADE BETWEEN THE MANAGEMENT AND THE GOVERNMENT DATED 21-6-2003 74 WP(C) Nos.11018 of 2019 & Connected cases APPENDIX OF WP(C) 31589/2019 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 Exhibit-P7 Exhibit-P8 Exhibit-P9 TRUE COPY OF THE JUDGMENT IN WP(C) NO.27140/2008 OF THIS HON'BLE COURT. TRUE COPY OF THE GOVERNMENT ORDER DATED 24.09.2016 VIDE GO(RT NO.473/2016/AYUSH. TRUE COPY OF THE JUDGMENT IN WP(C) NO.12192 OF 2017 OF THIS HON'BLE COURT. TRUE COPY OF THE ORDER DATED 04.08.2018 ISSUED BY THE 5TH RESPONDENT. TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN WP(C) NO.31250 OF 2010. TRUE COPY OF THE INTERIM ORDER DATED 25.07.2019 OF THIS HON'BLE COURT. True copy of the Govt. order dated 26- 02-2011 vide G.O. (MS) No. 137/2011/H and FWD True copy of the Govt. order dated 18- 06-2012 vide G.O. (MS) No. 185/2012/H and FWD True copy of the judgment in writ appeal No. 2061/2019 and connected cases dated 09.10.2019. Exhibit-P10 True copy of the interim order passed in SLP Civil No.27213/2019 dated 22-11- 2019 Exhibit-P11 True copy of the interim order passed by the Hon’ble Supreme court dated 18- 75 WP(C) Nos.11018 of 2019 & Connected cases 11-2020 in SLP Civil No.10603/2020 RESPONDENT EXHIBITS Exhibit R1(a) True copy of the order GO(MS) No.184/2003-HFWD dated 03-09-2003 Exhibit R1(c) True copy of the Homeopathy (Minimum Standards of Education) Amended Regulation ,2002 Exhibit R1(b) True copy of the Homeopathy (Minimum Standards of Education) Regulation ,1983 Exhibit R1(d) True copy of the order GO(MS) No.203/2006-HFWD dated 22-09-2006 Exhibit R1(e) True copy of the order GO(MS) No.346/2008-HFWD dated 09-07-2008 Exhibit R1(f) True copy of the order GO(MS) No.376/2009-HFWD dated 30-10-2009 Exhibit R1(g) True copy of the agreement made between the Management and the Government dated 21/06/2003 76 WP(C) Nos.11018 of 2019 & Connected cases APPENDIX OF WP(C) 31613/2019 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 Exhibit-P7 Exhibit-P8 Exhibit-P9 TRUE COPY OF THE JUDGMENT IN WP(C)NO.27140/2008 OF THIS HON'BLE COURT TRUE COPY OF THE GOVERNMENT ORDER DATED 24.09.2016 VIDE G.O.RT.NO.473/2016/AYUSH TRUE COPY OF THE JUDGMENT IN WP(C)NO.12192/2017 OF THIS HON'BLE COURT TRUE COPY OF THE ORDER DATED 04.08.2018 ISSUED BY THE 5TH RESPONDENT TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN WP(C)NO.311250/2010 TRUE COPY OF THE INTERIM ORDER DATED 25.07.2019 OF THIS HON'BLE COURT True copy of the Govt. order dated 26- 02-2011 vide G.O. (MS) No. 137/2011/H and FWD True copy of the Govt. order dated 18- 06-2012 vide G.O. (MS) No. 185/2012/H and FWD True copy of the judgment dated 09.10.2019 in writ appeal No. 2061/2019 and connected cases Exhibit-P10 True copy of the interim order passed in SLP Civil No.27213/2019 dated 22-11- 2019 77 WP(C) Nos.11018 of 2019 & Connected cases Exhibit-P11 True copy of the interim order passed by the Hon’ble Supreme court dated 18- 11-2020 in SLP Civil No.10603/2020 RESPONDENT EXHIBITS Exhibit R1(a) True copy of the order GO(MS) No.184/2003/HFWD dated 03/09/2003 Exhibit R1(b) True copy of the Homeopathy (Minimum Standards of Education) Regulation,1983 Exhibit R1(c) True copy of the Homeopathy (Minimum Standards of Education) Amended Regulation,2002 Exhibit R1(d) True copy of the order GO(MS) No.203/2006/HFWD dated 22/09/2006 Exhibit R1(e) True copy of the order GO(MS) No.346/2008/HFWD dated 09/07/2008 Exhibit R1(f) True copy of the order GO(MS) No.376/2009/HFWD dated 30/10/2009 Exhibit R1(g) True copy of the agreement made between the Management and the Government dated 21-06-2003 78 WP(C) Nos.11018 of 2019 & Connected cases APPENDIX OF WP(C) 40417/2022 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 13/03/2015 IN WPC18669/2006 TRUE COPY OF THE JUDGMENT DATED 01/03/2016 IN WA 2498/2015 TRUE COPY OF THE ORDER DATED 16/08/2016 OF THE HONOURABLE SUPREME COURT IN SLP NO. 14950/2016 TRUE COPY OF THE GO (RT) NO. 473/2016/AYUSH DATED 24/09/2016 ISSUED BY THE 3RD RESPONDENT TRUE COPY OF THE ORDER NO.6772/ACI/GEN/A3/15/KUHS DATED 04/08/2018 ISSUED BY THE 6TH RESPONDENT TRUE COPY OF THE LEGAL OPINION NO. 3088 SUIT-1 (2)/ (2022) LAW DATED 16/02/2022 TRUE COPY OF THE REPRESENTATION DATED 25/11/2022 RESPONDENT EXHIBITS Exhibit R3(a) A True copy of the order GO(MS)No.184/2003/H and FWD dated 03.09.2003. Exhibit R3(b) A true copy of the relevant pages of Homoeopathy(minimum standards of Education)1983 Exhibit R3(c) A true copy of the Homoeopathy (minimum standards of education)Amended regulation 2002 79 WP(C) Nos.11018 of 2019 & Connected cases exhibit R3(d) A true copy of GO(MS)No.203/2006/H and FWD dated 22-09-2006 Exhibit R3(e) A true copy of GO(MS)No.346/2008/H and FWD dated 09-07-2008. Exhibit R3(f) A true copy of GO(MS)NO.376/2009/H and FWD dated 30-10-2009. Exhibit R3(g) A true copy of the agreement made between the management and the Government dated 21.06.2003. 80 WP(C) Nos.11018 of 2019 & Connected cases APPENDIX OF WP(C) 35237/2009 PETITIONER EXHIBITS Exhibit P1 TRUE COY OF THE PROCEEDINGS DATED 29.7.2002 Exhibit P2 TRUE COPY OF THE DIPLOMA CERTIFICATE Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 TRUE COPY OF THE DEGREE CERTIFICATE DATED 22.1.2005 OF THE PETITIONER TRUE COPY OF THE CERTIFICATE DATED 20.4.2004 ISSUED BY THE TRAVANCORE- COCHIN MEDICAL COUNCIL TRUE COPY OF GO(MS)NO.184/2003/H& FWD DATED 3.9.2003 TRUE COPY OF GO(MS) NO.203/2006 DATED 22.09.2006 TRUE COPY OF THE REPRESENTATION DATED 5.2.2007 SUBMITTED BY THE PETITIONER BEFORE 1ST RESPONDENT EXHIBIT P8 TRUE COPY OF THE LETTER DATED 9.2.2007 EXHIBIT P9 TRUE COPY OF THE MINUTES OF THE MEETING REGARDING STAFF FIXATION IN SREE VIDHYADHI RAJA HOMEO MEDICAL COLLEGE NEMON HELD ON 28.03.2007 EXHIBIT P10 TRUE COPY OF THE SENIORITY LIST EXHIBIT P11 TRUE COPY OF THE LETTER DATED 11.6.2007 SUBMITTED BY THE PRINCIPAL EXHIBIT P12 TRUE COPY OF THE GO(MS) NO.346/2008/H & FWD DATED 09.07.2008 EXHIBIT P13 TRUE COPY OF THE REPRESENTATION DATED 21.7.2008 SUBMITTED BY THE PETITIONER 81 WP(C) Nos.11018 of 2019 & Connected cases BEFORE 1ST RESPONDENT EXHIBIT P14 TRUE COPY OF GO(MS) NO.376/2009/H & FWD DATED 30.10.2009. RESPONDENT EXHIBITS EXHIBIT R3(a) TRUE COPY OF THE GO(MS) NO.184/2003/H&FWD DATED 3.9.2003 EXHIBIT R3(b) TRUE COPY OF THE GO(MS) NO.203/2006/H&FWD DATED 22.9.2006 EXHIBIT R3(c) TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 28.03.2007 BY THE 1ST RESPONDENT EXHIBIT R3(d) TRUE COPY OF THE SENIORITY LIST DATED 28.03.2007 SIGNED JOINTLY BY THE PRINCIPAL AND THE SECRETARY OF SVRHMC EXHIBIT R3(e) TRUE COPY OF THE GO(MS) NO.346/2008/H&FWD DATED 09.07.2008 EXHIBIT R3(f) TRUE COPY OF THE GO(MS) NO.376/2009/H&FWD DATED 09.07.2008 EXHIBIT R3(g) TRUE COPY OF THE RELEVANT PORTION OF THE SPECIAL RULES RELATING TO THE KERALA STATE HOMOEOPATHIC MEDICAL COLLEGE SERVICE (GO(P) NO.79/2001/H&FWD DATED 19.03.2001. EXHIBIT R3(h) TRUE COPY OF THE LETTER OF APPOINTMENT DATED 02.09.2003 APPOINTING THE 3RD RESPONDENT EXHIBIT R3(i) TRUE COPY OF THE JUDGMENT DATED 21.08.2007 IN WRIT PETITION NO.25384 OF 2007 82 WP(C) Nos.11018 of 2019 & Connected cases EXHIBIT R3(j) TRUE COPY OF THE GO(RT) NO.1757/2008/H&FWD DATED 17.05.2008 EXHIBIT R3(k) EXHIBIT R3(l) TRUE COPY OF THE REPORT OF THE PRINCIPAL AND CONTROLLING OFFICER, GOVT.HOMOEOPATHIC MEDICAL COLLEGE TVM (NO.2238/C1/08/GHMCT(DHME) TRUE COPY OF THE RELEVANT PAGES OF THE REPORT OF THE PRINCIPAL AND CONTROLLING OFFICER, GOVT.HOMOEOPATHIC MEDICAL COLLEGE, TRIVANDRUM Exhibit R3(n) True copy of the of the judgment dated 13.03.2015 in WPC No. 18669 of 2006 Exhibit R3(o) True copy of the Government Order bearing No. GO(Rt.) 473/2016/AYUSH dated 24.09.2016 Exhibit R3(p) Exhibit R3(q) Exhibit R3(r) True copy of the Letter of Appointment Order No. SVRHMC/Est. 16/T dated 29.07.2002 of the petitioner as Resident Medical Officer True copy of the Diploma dated 23.04.1997 issued to the petitioner by the Board of Examiners in Homoeopathy, Government of Kerala True copy of the relevant portion of the CCH Regulations pertaining to Homoeopathy (Minimum Standards of Education Regulation) 1983 with regard to qualification and eligibility for the teaching staff of Homoeopathic Medical Colleges Exhibit R3(s) True copy of GO (MS) No.105/95/H and FWD dated 22-01-95 Exhibit R3(t) True copy of GO(Rt) No. 1757/2008/H and FWD dated 17.05.2008 83 WP(C) Nos.11018 of 2019 & Connected cases Exhibit R3(u) True copy of the Certificate of Registration dated 20.04.2004 pertaining to the petitioner acquiring BHMS Kerala University 2004 graded degree issued by the Travancore-Cochin Medical Council Exhibit R3(v) True copy of CCH Regulations 2002 Exhibit R3(w) True copy of the order of appointment order /proceedings dated 02.09.2003 of the 3rd respondent issued by the Sree Vidhyadhiraja Homeopathic Medical College Exhibit R3(x) True copy of Kerala University approval dated 16.04.2010