Kerala High Court
Dr.Renjith Kumar N vs The State Of Kerala on 14 November, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:87031
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 14TH DAY OF NOVEMBER 2025 / 23RD KARTHIKA, 1947
WP(C) NO. 5866 OF 2025
PETITIONERS:
1 DR.RENJITH KUMAR N.,
AGED 56 YEARS,
S/O V.K.NARAYANA PILLAI, 40/2771,
SAI KRIPA, PADIVATTOM, NEAR TUTUS TOWER,
EDAPALLY, ERNAKULAM, LECTURER IN THE DEPARTMENT OF
SURGERY, DR.PADIAR MEMORIAL HOMOEOPATHIC MEDICAL
COLLEGE, CHOTTANIKKARA P.O., PIN - 682312
2 DR.RAMARAJAN,
AGED 57 YEARS
S/O N.SIVARAMAPANICKER,SREERAGAM HOUSE,
CHOTTANIKKARA, ERNAKULAM DISTRICT, TUTOR IN THE
DEPARTMENT OF MATERIAL MEDICA, DR.PADIAR MEMORIAL
HOMOEOPATHIC MEDICAL COLLEGE, CHOTTANIKKARA P.O.,
PIN - 682312
3 DR.SINDHU MARY PHILIP,
AGED 54 YEARS
W/O SANTHOSH MATHEW, AMBATTU, AMBALLOOR P.O.,
CHALIYAMKUNNU ROAD, AMBALLUR,ERNAKULAM DISTRICT,
LECTURER IN THE DEPARTMENT OF ANATOMY, DR.PADIAR
MEMORIAL HOMOEOPATHIC MEDICAL COLLEGE,
CHOTTANIKKARA P.O., PIN - 682312
4 DR.SUMADEVI K.P.,
AGED 58 YEARS
W/O K.N.SURESH,KUZHIVELIPARAMBIL, NELSON MANDELA
NAGAR,MULAMTHURUTHY, ERNAKULAM, LECTURER IN THE
DEPARTMENT OF COMMUNITY MEDICINE, DR.PADIAR
2025:KER:87031
WP(C)No.5866 of 2025
2
MEMORIAL HOMOEOPATHIC MEDICAL COLLEGE,
CHOTTANIKKARA P.O., PIN - 682312
5 DR.DEEPA L.G.,
AGED 52 YEARS
W/O ANIL, SREELAKAM, KANIYAVALLY ROAD
PUTHIYAKAVU, THRIPPUNITHURA, ERNAKULAM
DISTRICT, TUTOR IN THE DEPARTMENT OF SURGERY,
DR.PADIAR MEMORIAL HOMOEOPATHIC MEDICAL
COLLEGE, CHOTTANIKKARA P.O., PIN - 682312
6 DR.SUSY CHARLES,
AGED 56 YEARS
W/O C.R.JOSEPH, CHINGANTHARA HOUSE,SAHRUDAYA
NAGAR, SNRA 55,EDAPALLY P.O.,ERNAKULAM
DISTRICT,PROFESSOR, DEPT.OF MATERIA MEDICA,
DR.PADIAR MEMORIAL HOMOEOPATHIC MEDICAL
COLLEGE, CHOTTANIKKARA, ERNAKULAM., PIN -
682312
7 DR.JAYASREE V.G.,
AGED 60 YEARS
W/O JOGGY, JYOTHY BHAVAN, AKG VAYANASHALA ROAD,
THAMMANAM, ERNAKULAM, READER IN THE DEPARTMENT
OF COMMUNITY MEDICINE, DR.PADIAR MEMORIAL
HOMOEOPATHIC MEDICAL COLLEGE, CHOTTANIKKARA
P.O., PIN - 682312
BY ADVS.
SHRI.SAJEEV KUMAR K.GOPAL
SMT.ANN SUSAN GEORGE
SMT.ASWATHY BABU
SMT.GOPIKA S. NAIR
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE
GOVERNMENT, AYUSH (B) DEPARTMENT, GOVERNMENT
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WP(C)No.5866 of 2025
3
SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001
2 THE PRINCIPAL AND CONTROLLING OFFICER,
GOVERNMENT HOMEOPATHIC MEDICAL
COLLEGE,THIRUVANANTHAPURAM,
PIN - 695001
3 THE KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE.P.O. THRISSUR,
KERALA, REPRESENTED BY ITS REGISTRAR,
PIN - 680596
4 DR. PADIYAR MEMORIAL HOMOEOPATHIC
MEDICAL COLLEGE,
CHOTTANIKKARA.P.O. ERNAKULAM,
REPRESENTED BY THE PRINCIPAL, PIN - 682306
BY ADVS.
SHRI.BINNY THOMAS, SC, KERALA UNIVERSITY OF
HEALTH SCIENCES
SRI.B.ASHOK SHENOY
SHRI.P.SREEKUMAR (SR.)
SRI.P.S.GIREESH
SHRI.ARJUN R NAIK
SHRI.UMASANKER U.U.
SHRI.ADITYA A. SHENOY
BY ADV.
SRI.PREMCAND R NAIR, SR.GOVERNMENT PLEADER
SRI.B.ASHOK SHENOY
SRI.P.SREEKUMAR, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.11.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C)No.5866 of 2025
4
JUDGMENT
Dated this the 14th day of November, 2025 The petitioners are teaching staff working in different posts in Dr.Padiar Memorial Homoeopathic Medical College, Chottanikkara. The petitioners are aggrieved by the denial by the Government of approval to their regular promotion.
2. The petitioners were promoted to the posts of Professors / Lecturers / Readers as is evident from Exts.P1 to P7 promotion orders. The Central Council of Homoeopathy (Minimum Standards of Education) Regulations, 1983 prescribed qualifications for promotion to the posts of Professors, Lecturers and Readers.
2025:KER:87031 WP(C)No.5866 of 2025 5
3. The petitioners are governed by the Regulations, 1983. The petitioners state that the Government introduced Direct Payment System in the 4th respondent-College as per Government Order dated 25.04.2000. Staff patterns were later made in conformity with the Regulations, 1983. Consequently, 13 posts of Professors, 15 posts of Readers and 15 posts of Lecturers were created under the Direct Payment System. 32 posts of tutors were abolished.
4. The petitioners state that the Management issued department-wise promotion orders to the teaching staff in the existing and newly sanctioned posts in the College and made request for approval to the promotions granted. The 3 rd respondent-University granted approval to the promotions effected by the College. However, subsequently, the Government has declined to grant approval on the ground that the API norms are applicable for these promotions and the 2025:KER:87031 WP(C)No.5866 of 2025 6 promotions effected without following the API norms cannot be approved. It is aggrieved by the said stand of the Government that the petitioners have approached this Court.
5. In this writ petition, the petitioners seek to set aside Ext.P10 and to direct the 3rd respondent to grant approval for the promotion of the petitioners effected by the Management in accordance with Exts.P1 to P7 without taking into account Ext.P11 order issued by the Government insisting Academic Performance Index.
6. The petitioners would urge that in Ext.P8 Regulations, the qualifications for promotion to the posts of Lecturer, Reader and Professors are prescribed. The petitioners satisfy the afore qualifications. There is no dispute that the service conditions of the petitioners are governed by 1983 Regulations. As long as the petitioners satisfy the qualifications prescribed under the 1983 Regulations, their 2025:KER:87031 WP(C)No.5866 of 2025 7 promotion is justified and the Government cannot unilaterally decline approval, especially when the University has granted approval.
7. The 1st respondent resisted the writ petition. The 1 st respondent denied all the allegations made by the petitioners in the writ petition. On behalf of the 1 st respondent, it is stated that the Principal and Controlling Officer submitted a proposal to the Government for revising the PBAS-API Rules, suggesting API score to be made applicable only to CAS promotions. KUHS approved the draft proposal with the following suggestion "This APIHT scoring system is in par with the NCH Minimum Standards for Education Regulations 2024 except for one reason. 1) From Assistant Professor (12) to Associate Professor (13A) essential qualification is not less than one research paper in MSR-2024 published by NCH. But in APIHT no mention of research publication is written".
2025:KER:87031 WP(C)No.5866 of 2025 8
8. The 1st respondent stated that the proposal is under the active consideration of the Finance Department. Until the proposal is approved by the Finance Department, the API score has to be mandatorily applied for regular and CAS promotions. The writ petition is therefore without any merit and it is liable to be dismissed, contended the 1st respondent.
9. I have heard the learned counsel for the petitioners, the learned Senior Government Pleader representing respondents 1 and 2, the learned Standing Counsel appearing for the 3rd respondent and the learned counsel appearing for the 4th respondent.
10. The petitioners have been promoted as Professor / Lecturer / Reader, as can be seen from Exts.P1 to P7 issued by the Secretary of the Medical College. The petitioners would assert that the Kerala University of Health Sciences has approved those appointments by proceedings dated 2025:KER:87031 WP(C)No.5866 of 2025 9 04.04.2025. The service conditions of the Teachers in the College are governed by the Central Council of Homoeopathy (Minimum Standards of Education) Regulations, 1983. However, when CAS promotions were introduced, the Academic Performance Indicator and Performance Based Appraisal System were introduced for promotions.
11. Ext.P11 is the Government Order dated 21.12.2018 issued by the Ayush Department of the Government of Kerala laying down Guidelines on Performance Based Appraisal System (PBAS) for Career Advancement Scheme (CAS) promotions. Ext.P11 reads that the Government is pleased to approve Guidelines for Performance Based Appraisal System (PBAS) for Career Advancement Scheme (CAS) promotions under the Government / Aided Homeopathic Medical Colleges in the State. Ext.P11 would indicate that the PBAS has to be followed only for Career Advancement Scheme.
2025:KER:87031 WP(C)No.5866 of 2025 10
12. The Government Pleader would submit that the Government has taken a decision that API / PBAS should be made applicable to the regular promotions also and a proposal in this regard is made, which is pending consideration before the Finance Department.
13. The issue whether PBAS / API can be applied to regular promotion in Homeopathic Medical Colleges came up for consideration before the Kerala Administrative Tribunal, Thiruvananthapuram in O.A.No.1394/2024. The Tribunal held that the Teachers in Government and Aided Homeopathic Medical Colleges are governed by the Special Rules formulated by the State Government and the Guidelines with respect to PBAS issued for the purpose of CAS promotion cannot be made applicable in the case of regular promotions.
14. It is seen that the Government of Kerala has accepted the judgment and implemented the directions 2025:KER:87031 WP(C)No.5866 of 2025 11 contained therein as per G.O.(P) No.385/2025/AYUSH dated 18.07.2025.
15. Ext.P11 would indicate that PBAS is intended to be applied only for CAS promotions. The State Administrative Tribunal has also taken such a view as per order dated 11.02.2025 in O.A.No.1394/2024. The said order has been given effect to by the Government of Kerala also, in respect of Professors / Lecturers / Readers in the Government Homeo Medical College, Kozhikode.
16. In the circumstances, though the Government may be competent to introduce PBAS / API norms in the matter of regular promotions, since at present PBAS / API is not made applicable to the regular promotions of the Homeopathic Medical College Teachers, the respondents are bound to approve the promotion granted to the petitioners as per Exts.P1 to P7. This would be especially so, when the Kerala 2025:KER:87031 WP(C)No.5866 of 2025 12 University of Health Sciences has approved the promotions.
In the circumstances, the writ petition is allowed. Respondents 1 and 2 are directed to approve the promotions granted to the petitioners as per Exts.P1 to P7 within a period of two months. Consequential monetary benefits will be paid within a further period of two months.
Sd/-
N.NAGARESH JUDGE SR/hmh 2025:KER:87031 WP(C)No.5866 of 2025 13 APPENDIX OF WP(C) 5866/2025 PETITIONER'S EXHIBITS:
Exhibit P-1 TRUE COPY OF THE PROMOTION ORDER ISSUED BY THE SECRETARY OF THE COLLEGE VIDE NO.DPMHMC/81/AO/2024 DATED 22-08- 2024 WHEREBY THE 1ST PETITIONER WAS PROMOTED AS PROFESSOR Exhibit P-2 TRUE COPY OF THE PROMOTION ORDER ISSUED BY THE SECRETARY OF THE COLLEGE VIDE NO.DPMHMC/84/AO/2024 DATED 22-08- 2024 WHEREBY THE 2ND PETITIONER WAS PROMOTED AS LECTURER Exhibit P-3 TRUE COPY OF THE PROMOTION ORDER ISSUED BY THE SECRETARY OF THE COLLEGE VIDE NO.DPMHMC/85/AO/2024 DATED 22-08- 2024 WHEREBY THE 3RD PETITIONER WAS PROMOTED AS READER Exhibit P-4 TRUE COPY OF THE PROMOTION ORDER ISSUED BY THE SECRETARY OF THE COLLEGE VIDE NO.DPMHMC/87/AO/2024 DATED 22-08- 2024 WHEREBY THE 4TH PETITIONER WAS PROMOTED AS READER Exhibit P-5 TRUE COPY OF THE PROMOTION ORDER ISSUED BY THE SECRETARY OF THE COLLEGE VIDE NO.DPMHMC/82/AO/2024 DATED 22-08- 2024 WHEREBY THE 5TH PETITIONER WAS PROMOTED AS READER Exhibit P-6 TRUE COPY OF THE PROMOTION ORDER ISSUED BY THE SECRETARY OF THE COLLEGE VIDE NO.DPMHMC/83/AO/2024 DATED 2-08- 2024 WHEREBY THE 6TH PETITIONER WAS PROMOTED AS READER Exhibit P-7 TRUE COPY OF THE PROMOTION ORDER ISSUED BY THE SECRETARY OF THE COLLEGE VIDE NO.DPMHMC/86/AO/2024 DATED 22-08- 2024 WHEREBY THE 7TH PETITIONER WAS 2025:KER:87031 WP(C)No.5866 of 2025 14 PROMOTED AS PROFESSOR Exhibit P-8 TRUE COPY OF THE RELEVANT PORTION OF 1983 REGULATION DEALING WITH THE QUALIFICATION FOR TEACHING STAFF OF HOMOEOPATHIC MEDICAL COLLEGE Exhibit P-9 TRUE COPY OF THE ORDER DATED 11-02- 2016 VIDE NO.1179/ACH/KUHS/2015 Exhibit P-10 TRUE COPY OF THE COMMUNICATION DATED 23-01-2025 FROM THE 3RD RESPONDENT TO THE PRINCIPAL OF THE COLLEGE Exhibit P-11 TRUE COPY OF THE G.O.(MS) NO.
37/2018/AYUSH DATED 21-12-2018 ISSUED BY THE PRINCIPAL SECRETARY TO GOVT.
AYUSH DEPARTMENT APPROVING THE
GUIDELINES FOR PERFORMANCE BASED
APPRAISED SYSTEM FOR CAREER ADVANCING SCHEME FOR PROMOTION UNDER GOVT./AIDED HOMOEOPATHIC MEDICAL COLLEGE Exhibit P-12 TRUE COPY OF THE INTERIM ORDER ISSUED BY THIS HON'BLE COURT DATED 03-10-2023 IN W.P.(C) NO.27471/2023 Exhibit P-13 TRUE COPY OF THE ORDER ISSUED BY THE UNIVERSITY VIDE NO.438/2024/ACADEMIC/KUHS DATED 20-04- 2024 RESPONDENTS' EXHIBITS:
Exhibit R-3(a) True copy of G.O.(Rt) No.495/2018/Ayush dated 28-09-2018 Exhibit R-3(b) 12. True copy of the judgement dated 4-4-2025 in the writ petition WP(C) 27471 of 2023 obtained from the website of the High Court of Kerala Exhibit R-3(c ) True copy of letter File No. 3-35 / 2024 /NCH /HEB / MSRC. PT III/ 1829 dated 5-6-2025 issued by National Commission for Homoeopathy.