Kerala High Court
Dr.Santhini.R vs The State Of Kerala on 19 December, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:98351
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 19TH DAY OF DECEMBER 2025 / 28TH AGRAHAYANA, 1947
WP(C) NO. 23046 OF 2025
PETITIONERS:
1 DR.SANTHINI.R., AGED 57 YEARS
W/O DR. RAMARAJAN,
SREE RAGAM, CHOTTANIKKARA PO,
ERNAKULAM DISTRICT, PROFESSOR,
DEPT.OF CASE TAKING AND REPERTORISTION,
DR.PADIAR MEMORIAL HOMOEOPATHIC MEDICAL COLLEGE,
CHOTTANIKKARA, ERNAKULAM., PIN - 682306
2 DR.SREELAL.C.,
AGED 59 YEARS
S/O K.CHITHRAN, ANNAPOORNA,
KANNANKULANGARA, TRIPPUNITHURA.P.O.,
READER, DEPT.OF CASE TAKING AND REPERTORISTION,
DR.PADIAR MEMORIAL HOMOEOPATHIC MEDICAL COLLEGE,
CHOTTANIKKARA P.O., PIN - 682301
BY ADVS.
SRI.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
SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001
2025:KER:98351
WP(C) No.23046 of 2025
2
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.
SRI.BINNY THOMAS, STANDING COUNSEL
SRI.B.ASHOK SHENOY
SRI.P.SREEKUMAR (SR.)
SRI.P.S.GIREESH
SMT.UMA MAHESWARI
SRI.ARJUN R NAIK
SRI.UMASANKER U.U.
SRI.ADITYA A. SHENOY
SMT.K.B. SONY, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 19.12.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:98351
WP(C) No.23046 of 2025
3
JUDGMENT
Dated this the 19th day of December, 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 promotions.
2. The petitioners were promoted to the posts of Professor / Reader as is evident from Exts.P3 and P4 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.
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, 2025:KER:98351 WP(C) No.23046 of 2025 4 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 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.9 and to direct the 3 rd respondent to grant approval for the promotion of the petitioners effected by the 2025:KER:98351 WP(C) No.23046 of 2025 5 Management in accordance with Exts.P3 and P4 without taking into account Ext.P6 order issued by the Government insisting Academic Performance Index.
6. The petitioners would urge that in Ext.P1 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 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 1st 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 2025:KER:98351 WP(C) No.23046 of 2025 6 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".
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 2025:KER:98351 WP(C) No.23046 of 2025 7 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 / Reader, as can be seen from Exts.P3 and P4 issued by the Secretary of the Medical College. The petitioners would assert that the Kerala University of Health Sciences has approved those appointments. The service conditions of the Teachers in the College are governed by the Central Council of Homeopathy (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.P6 is the Government Order dated 21.12.2018 issued by the Ayush Department of the Government of Kerala laying down Guidelines on 2025:KER:98351 WP(C) No.23046 of 2025 8 Performance Based Appraisal System (PBAS) for Career Advancement Scheme (CAS) promotions. Ext.P6 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.P6 would indicate that the PBAS has to be followed only for Career Advancement Scheme.
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 2025:KER:98351 WP(C) No.23046 of 2025 9 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 contained therein as per G.O.(P) No.385/2025/AYUSH dated 18.07.2025.
15. Ext.P6 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.
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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.P3 and P4. This would be especially so, when the Kerala 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.P3 and P4 within a period of two months. Consequential monetary benefits will be paid within a further period of two months.
Sd/-
N.NAGARESH JUDGE spk 2025:KER:98351 WP(C) No.23046 of 2025 11 APPENDIX OF WP(C) NO. 23046 OF 2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PORTION OF 1983 REGULATION DEALING WITH THE QUALIFICATION FOR TEACHING STAFF OF HOMOEOPATHIC MEDICAL COLLEGE Exhibit P2 TRUE COPY OF THE ORDER DATED 11-02-
2016 VIDE NO.1179/ACH/KUHS/2015
Exhibit P3 TRUE COPY OF THE ORDER ISSUED BY THE
SECRETARY OF THE 4TH RESPONDENT
COLLEGE VIDE ORDER NO.
D3MHMC/58/AO/2020-21 DATED 24-11-2020 THEREBY THE 1ST PETITIONER WAS PROMOTED AS PROFESSOR Exhibit P4 TRUE COPY OF THE ORDER ISSUED BY THE SECRETARY OF THE 4TH RESPONDENT COLLEGE VIDE ORDER NO.
D3MHMC/59/AO/2020-21 DATED 24-11-2020 THEREBY THE 2ND PETITIONER WAS PROMOTED AS READER Exhibit P5 TRUE COPY OF THE ORDER NO.13858/2019/AC1/AYUSH/A3/KUHS DATED 08-04-2023 ISSUED BY THE REGISTRAR OF THE 3RD RESPONDENT TO THE PRINCIPAL OF THE COLLEGE Exhibit P6 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 P7 TRUE COPY OF THE ORDER VIDE NO:438/2024/ACADEMIC/KUHS DATED 20-04- 2024 Exhibit P8 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) NO.27471 OF 2023 DATED 04-04-2025 2025:KER:98351 WP(C) No.23046 of 2025 12 Exhibit P9 TRUE COPY OF THE ORDER DATED 03-06-
2025 ISSUED BY THE 2ND RESPONDENT ALONG WITH THE ENGLISH TRANSLATION Exhibit P10 TRUE COPY OF THE ORDER OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM IN O.A.NO.1394/2024 DATED 11-02-2025