PRINCIPAL, GOVT HOMOEO MEDICAL COLLEGE Vs. SANTHI V

JUDGEMENT

(1.) The constitutive issue in both these original petitions is regarding the qualification and competence of persons, who claim to have been selected and appointed as Tutors in the Government Homeo Medical College, Kozhikode on daily wage basis. O.P.(KAT)No.484/2017 has been filed by such persons and O.P.(KAT)No.463/2017 has been filed by the Principal of the Government Homeo Medical College, Kozhikode and others challenging the orders issued by the Kerala Administrative Tribunal.

(2.) As we have already indicated above, the essential point for consideration is whether the persons, who claim to be selected and appointed as Tutors on daily wages in the Government Homeo Medical College, can now stake claim to continue in such position in spite of the fact that subsequent events have altered the qualifications required for holding such posts and also that such posts may have already been abolished.

(3.) The original applications which led to these original petitions were considered by the learned Tribunal and separate orders were issued effectively holding that only those persons who hold a Post-graduation in Homeopathy can be allowed to continue as a teacher, in whatever category, under the services of the Homeopathic Medical Colleges. As regards the order of the learned Tribunal, which is impugned in O.P. (KAT)No.463/2017 is concerned, that was issued on the basis of an earlier order by it, in O.A.No.1677/2017, wherein a declaration was made that any appointment to the post of Lecturers, Assistant Professors and Professors can be done only from among qualified persons who are holding Postgraduation in Homeopathy.