Kerala High Court
Dr.Meenu P. Greeshma vs Dr.Asha J on 10 October, 2024
Bench: A.Muhamed Mustaque, Murali Purushothaman
OP(KAT)No.345 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
OP(KAT) NO. 345 OF 2024
AGAINST THE ORDER DATED 16.08.2024 IN OA NO.1423 OF 2022 OF
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/RESPONDENT NO.5:
DR.MEENU P. GREESHMA
AGED 35 YEARS
W/O.ARJUN BALACHANDRAN, KRA 32, ALUVILA, NALANCHIRA
POST, THIRUVANANTHAPURAM PH.9495016417, PIN - 695015
BY ADVS.
T.J.SEEMA
BHAVANA VELAYUDHAN
DEVAVRATHAN S.
S.SANAL KUMAR (SR.)
RESPONDENTS/PETITIONER AND RESPONDENTS 1 TO 4:
1 DR.ASHA J
AGED 35 YEARS
W/O. DR. NIKHIL, RESIDING AT HARICHANDANAM, VILABHAGOM,
NEDUNGANDA P.O., THIRUVANANTHAPURAM PH. NO.9400630236,
PIN - 695307
2 KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY, PATTOM.P.O.,
THIRUVANANTHAPURAM, PIN - 695004
OP(KAT)No.345 of 2024
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3 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HEALTH &
FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
4 THE DIRECTOR OF MEDICAL EDUCATION
MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM, PIN - 695011
5 NATIONAL MEDICAL COMMISSION
POCKET-14, SECTOR-8, DWARAKA PHASE-I, NEW DELHI
REPRESENTED BY ITS SECRETARY, PIN - 110077
BY ADV AKHIL SUSEENDRAN
ADV. T.S.SHYAM PRASANTH, GOVERNMENT PLEADER
ADV.SHRI.ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL
ADV.SRI.P.C.SASIDHARAN, SC FOR KSPC
ADV. SRI.K.S.PRENJITH KUMAR, SC FOR NATIONAL MEDICAL
MISSION
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 08.10.2024, THE COURT ON 10/10/2024 DELIVERED THE
FOLLOWING:
OP(KAT)No.345 of 2024
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JUDGMENT
An original application was filed before the Kerala Administrative Tribunal by the first respondent challenging the inclusion of the petitioner in the ranked list for appointment as Assistant Professor in the Kerala Medical Education Service. This was pursuant to the notification issued by the Kerala Public Service Commission dated 31/12/2021. The notification was for an NCA vacancy belonging to Ezhava/Thiyya/Billava community. It is to be noted that the NCA vacancy arose as a continuation of the previous notification issued by the PSC, as there were no qualified candidates in the previous notification from the Ezhava community.
2. The challenge was on the ground that the petitioner herein does not possess one-year Senior Residency qualification. The original notification was published on 30/05/2017. The petitioner has a case that NCA notification has to be in tune with the original notification. According to the petitioner, the stipulation of one-year Senior Residency was stipulated by the OP(KAT)No.345 of 2024 4 2024:KER:75142 Medical Council of India (known as National Medical Commission from 25/09/2020), only on 08/06/2017 and therefore it has no application for the said recruitment.
3. It has come out now that the first respondent who was the applicant before the Tribunal subsequently has been appointed pursuant to another notification as Assistant Professor.
We pertinently asked the counsel for the petitioner whether the first respondent is prepared to relinquish her present appointment to continue to stake her claim pursuant to the notification relating to the appointment of the petitioner. The stand of the first respondent is that she is not prepared to relinquish the appointment subsequently obtained unless she is appointed with retrospective effect. The PSC cannot issue advice with a retrospective date. That means, any appointment can be made by the PSC only with reference to a future date. In that circumstances, the first respondent is not interested in getting an appointment with a future date. In that circumstance, the issue that arises in this matter is only academic as no relief can be granted to the first respondent. We, in such circumstances, do not want to examine the matter. Therefore, we set aside the impugned judgment leaving OP(KAT)No.345 of 2024 5 2024:KER:75142 open the questions raised in this matter alive.
Sd/-
A.MUHAMED MUSTAQUE JUDGE Sd/-
MURALI PURUSHOTHAMAN JUDGE sv OP(KAT)No.345 of 2024 6 2024:KER:75142 APPENDIX OF OP(KAT) 345/2024 PETITIONER'S ANNEXURES Annexure A1 TRUE COPY OF NOTIFICATION DATED 31.12.2021 FOR SELECTION TO THE POST OF ASSISTANT PROFESSOR IN TRANSFUSION MEDICINE (BLOOD BANK) IN MEDICAL EDUCATION DEPARTMENT UNDER CATEGORY NO. 772 OF 2021 ISSUED BY THE 1ST RESPONDENT.
Annexure A2 TRUE COPY OF CERTIFICATE OF REGISTRATION OF M.D OF THE APPLICANT DATED 14.10.2020 ISSUED BY THE TRAVANCORE COCHIN COUNCIL OF MODERN MEDICINE.
Annexure A3 TRUE COPY OF CERTIFICATE DATED 15.01.2022 ISSUED BY THE PRINCIPAL, GOVERNMENT TD MEDICAL COLLEGE, ALAPPUZHA TO THE APPLICANT.
Annexure A4 TRUE COPY OF RANKED LIST NO.479/2022/SS VII DATED 2022, 01.08.2022 PUBLISHED BY THE 1ST RESPONDENT.
Annexure A5 TRUE COPY OF MD EXAMINATION RESULT OF THE RESPONDENT DATED 26.08.2021.
Annexure A6 TRUE COPY OF NOTIFICATION NO.MCI-12(2)/2019- MED.MISC./189334 DATED 12.02.2020 ISSUED BY THE 4™ RESPONDENT.
Annexure A7 TRUE COPY OF PRINTOUT OF EMAIL DATED 07.08.2022 SENT BY THE APPLICANT TO THE 4TH RESPONDENT.
Annexure A8 TRUE COPY OF PRINTOUT OF REPLY MAIL DATED 08.08.2022 RECEIVED BY THE APPLICANT FROM THE 4TH RESPONDENT.
Annexure A9 TRUE COPY OF LETTER DATED 08.08.2022 SUBMITTED BY THE APPLICANT BEFORE THE 1ST RESPONDENT Annexure A10 TRUE COPY OF RELEVANT PORTION OF THE MINIMUM OP(KAT)No.345 of 2024 7 2024:KER:75142 QUALIFICATIONS FOR TEACHERS IN MEDICAL INSTITUTIONS REGULATIONS 1998 (AS AMENDED UPTO 8.6.2017 AS PUBLISHED BY THE MEDICAL COUNCIL OF INDIA.
Annexure A11 TRUE COPY OF GAZETTE NOTIFICATION PUBLISHED BY THE MEDICAL COUNCIL OF INDIA VIDE NO. MCI- 12(1)/2017- MED.MISC/115698 DATED 5.6.2017.
Annexure A12 TRUE COPY OF THE NOTIFICATION ISSUED BY THE 1ST RESPONDENT INVITING APPLICATIONS FOR THE POST OF ASSISTANT PROFESSOR IN FAMILY MEDICINE NOTIFIED IN THE EXTRAORDINARY GAZETTE DATED 15.12.2020 VIDE CATEGORY NO. 321/2020.
Annexure R3(a) TRUE COPY OF PROCEEDINGS OF THE DIRECTOR OF MEDICAL EDUCATION IN ORDER NO.
G2/878/2021/DME DATED 20.10.2022.
Annexure R3 (b) TRUE COPY OF THE LETTER NO. F2/3420/2021/DME DATED 30/08/2021 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT Annexure R5(a) TRUE COPY OF THE NOTIFICATION IN CATEGORY NO 139/2022 DATED 16/05/2022 Annexure R5 (b) TRUE COPY OF THE NOTIFICATION IN CATEGORY NO 170/2022 - 170/2022,DATED 16/05/2022 Annexure R5(c) A TRUE COPY OF THE NCA NOTIFICATION AND ITS PARENT NOTIFICATION DATED 30/05/2017 Annexure R5(d) COPY OF THE CERTIFICATE SHOWING COMPLETION OF SENIOR RESIDENCY BY THE 5TH RESPONDENT DATED 18.10.2022 Exhibit P1 A TRUE COPY OF THE MOTHER NOTIFICATION (GENERAL NOTIFICATION) DATED 30-05-2017 Exhibit P2 A TRUE COPY OF OA NO.1423/2022 DATED 27.5.2024 (AMENDED OA) Exhibit P3 A TRUE COPY OF THE REPLY STATEMENT FILED BY THE 3RD RESPONDENT IN OA NO.1423/2022 FATED 30.6.2023 OP(KAT)No.345 of 2024 8 2024:KER:75142 Exhibit P4 A TRUE COPY OF THE REJOINDER SUBMITTED BY THE PETITIONER IN THE OA AGAINST THE REPLY STATEMENT OF THE 3 RD RESPONDENT IN THE OA DATED 21.8.2023 Exhibit P5 A TRUE COPY OF THE REPLY STATEMENT FILED BY THE KERALA PUBLIC SERVICE COMMISSION IN THE OA DATED 12.1.2023 Exhibit P6 A TRUE COPY OF THE REPLY STATEMENT FILED BY PETITIONER/5 TH RESPONDENT DATED 3.8.2023 Exhibit P7 A TRUE COPY OF REJOINDER FILED BY THE APPLICANT IN OA TO THE REPLY STATEMENT DATED 21.8.2023 Exhibit P8 A TRUE COPY OF THE ADDITIONAL REPLY STATEMENT FILED BY THE PETITIONER HEREIN/5 TH RESPONDENT DATED 11.9.2023 Exhibit P9 A TRUE COPY OF THE MEDICAL COUNCIL OF INDIA NOTIFICATION NO.MCI-34(41)/2010 MED (33038) DATED 3-11-2010 Exhibit P10 A TRUE COPY OF THE CERTIFICATE SHOWING COMPLETION OF SENIOR RESIDENCY DATED 18.10.2022 Exhibit P11 A LIST OF NOTIFICATIONS TO THE POST OF ASSISTANT PROFESSORS IN VARIOUS DEPARTMENTS SUBSEQUENT TO THE IMPUGNED NOTIFICATION DATED 30- 05-2017 Exhibit P12 A TRUE COPY OF THE NOTIFICATION CATEGORY NO.139/2022 DATED 16-05-2022 Exhibit P13 A TRUE COPY OF THE APPOINTMENT CHART DATED 10-06-2024 Exhibit P14 A TRUE COPY OF THE ORDER OF THE TRIBUNAL IN OA NO.1423/2022 DATED 16.8.2024 OF THE KAT THIRUVANANTHAPURAM BENCH OP(KAT)No.345 of 2024 9 2024:KER:75142 Exhibit P15 TRUE COPY OF THE APPOINTMENT ORDER NO G2/1166/2024/DME DATED 22.8.2024 ISSUED BY THE DIRECTOR OF MEDICAL EDUCATION KERALA Exhibit P16 TRUE COPY OF THE JOINING ORDER ISSUED BY THE PRINCIPAL MEDICAL COLLEGE, KOLLLAM DATED 27.8.2024