STATE OF ORISSA Vs. RADHESHYAM NANDA

JUDGEMENT

(1.) - This is an appeal from a. decision of the High Court of Orissa which allowed the claim of the respondent for appointment as a Medical Officer in Homoeopathic Dispensary.

(2.) The respondent is a registered Homoeopathic Practitioner within the meaning of S. 21 of the Orissa Homoeopathic Act, 1956 which is hereinafter referred to as the "State Act". There is also a Central enactment called Homoeopathic Central Council Act, 1973 (Act No. 59 of 1973) on the same subject, which is hereinafter referred to as the "Central Act. "

(3.) The respondent was originally holding the post of Distributor and thereafter he was appointed as Medical Officer in a Homoeopathic Dispensary. After coming into force of the Central Act, the respondent was reverted to his original post of Distributor. The reversion was based perhaps on the ground that the respondent was not duly qualified to hold the post of Medical Officer in the dispensary in view of the bar imposed either by the Central Act or by the State Act. The validity of reversion was challenged before the High Court by means of a writ petition under Art. 226 of the Constitution. There were several other petitions filed by the similarly reverted persons. The High Court in those petitions (See: OJC No. 1916/77, 12/78 and 531/ 78) disposed of on March 21, 1981 gave a considered judgment expressing the view that a registered homoeopathic practitioner like the respondent is not ineligible for appointment as Medical Officer in Homoeopathic Dispensary. In that judgment, the High Court directed the State Government to review the cases of the reverted Medical Officers. Following the judgment the respondent's writ petition was also allowed in terms thereof.