SYAMAKRISHNA K Vs. STATE OF KERALA AND ORS

JUDGEMENT

(1.) This Writ Petition filed as a public interest litigation seeks a direction to quash the steps taken by the State Government to start Certificate Course in Pharmacy (Homoeo) for the year 2015-2016.

(2.) Brief facts of the case as emerged from the pleadings of the parties are: The State of Kerala has been running NCP (Nurse-cum-Pharmacist) Course from 1995 to 2009 in two Government Homoeopathic Colleges. On representations from various Organizations, an Expert Committee was constituted by the State Government as per Government Order dated 22.04.2008 to suggest improvement in the NCP Course. It was felt that NCP Course was neither fulfilling the objective of Nursing or Pharmacy.

(3.) Petitioner, who is a Medical Practitioner in Homoeopathy, has filed this public interest litigation, challenging the action of the Government in initiating the Certificate Course in Pharmacy (Homoeo). Petitioner questions the power of the Government to start new Course in the field of Homoeo medical science without reference to the Central Council of Homoeopathy/Central Government/the Kerala University of Health Sciences. Petitioner's case in the Writ Petition is that the State Government cannot exercise its executive power under Article 162 of the Constitution of India to decide upon the new Course, its Syllabus and duration without concurrence or approval/affiliation of the Kerala University of Health Sciences (for short, "the University"). Petitioner in the Writ Petition prays for the following reliefs: