Kerala High Court
The Kerala Public Service Commission vs Gexy Kuriakose,Aged 36 Years on 1 July, 2025
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
2025:KER:49475
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
TUESDAY, THE 7TH DAY OF JULY 2025 / 10TH ASHADHA, 1947
OP(KAT) NO. 454 OF 2018
AGAINST THE ORDER/JUDGMENT DATED 17.01.2018 IN OA(EKM)
NO.2856 OF 2017 OF KERALA ADMINISTRATIVE TRIBUNAL.
PETITIONER/RESPONDENT NO.2:
THE KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY, PATTOM P.O.,
THIRUVANANTHAPURAM-695004.
BY ADV SHRI.P.C.SASIDHARAN, SC, KPSC
RESPONDENTS/APPLICANT & 1ST RESPONDENT:
1 GEXY KURIAKOSE,AGED 36 YEARS,
S/O.KURIAKOSE, VADATH HOUSE, NELLIKUZHY P.O.,
KOTHAMANGALAM, ERNAKULAM, KERALA-686691.
2 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
HEALTH SERVICE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
BY ADVS.
SHRI.P.V.ELIAS FOR R1
SENIOR GOVERNMENT PLEADER- B.UNNIKRISHNA KAIMAL FOR R2
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY
HEARD ON 07.07.2025, ALONG WITH OP(KAT).462/2019, 460/2018, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(KAT) Nos.454 & 460 of 2018 & 462 of 2019
-2-
2025:KER:49475
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
TUESDAY, THE 7TH DAY OF JULY 2025 / 10TH ASHADHA, 1947
OP(KAT) NO. 462 OF 2019
AGAINST THE ORDER/JUDGMENT DATED 29.03.2019 IN OA(EKM)
NO.1741 OF 2017 OF KERALA ADMINISTRATIVE TRIBUNAL.
PETITIONERS/RESPONDENT NOS.1 & 2:
1 KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY, PATTOM,
THIRUVANANTHAPURAM, KERALA-695004.
2 THE SECRETARY,
KERALA PUBLIC SERVICE COMMISSION, PATTOM,
THIRUVANANTHAPURAM-695004, KERALA.
BY ADV SHRI.P.C.SASIDHARAN, SC, KPSC
RESPONDENTS/APPLICANT & 3RD RESPONDENT:
1 DR. PRAVISH V.
AGED 32 YEARS
S/O.VISHNUDAS K., ASSISTANT PROFESSOR (PROVISIONAL ),
GOVERNMENT DENTAL MEDICAL COLLEGE, CALICUT-673008,
RESIDING AT 1/1468 A1, VAISHNAVAM, WEST HILL P.O.,
KOZHIKODE, KERALA-673005.
2 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
BY ADV SRI.K.PRAVEEN KUMAR FOR R1
SENIOR GOVERNMENT PLEADER- B.UNNIKRISHNA KAIMAL FOR R2
OP(KAT) Nos.454 & 460 of 2018 & 462 of 2019
-3-
2025:KER:49475
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY
HEARD ON 07.07.2025, ALONG WITH OP(KAT).454/2018 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(KAT) Nos.454 & 460 of 2018 & 462 of 2019
-4-
2025:KER:49475
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
TUESDAY, THE 7TH DAY OF JULY 2025 / 10TH ASHADHA, 1947
OP(KAT) NO. 460 OF 2018
AGAINST THE ORDER/JUDGMENT DATED 13.10.2017 IN OA(EKM) NO.994
OF 2017 OF KERALA ADMINISTRATIVE TRIBUNAL.
PETITIONER/RESPONDENT NO.2:
THE KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY,PATTOM.P.O,
THIRUVANANTHAPURAM-695004.
BY ADV SHRI.P.C.SASIDHARAN, SC, KPSC
RESPONDENTS/APPLICANT & 1ST RESPONDENT:
1 NISHA.K.J
AGED 39 YEARS
W/O.REJATH.M,RESIDING AT RANJIMA,NO.9,
GREEN GARDENS,KANJIRAMPARA,
THIRUVANANTHAPURAM-695030,
NOW RESIDING AT C-1003,
ROHAN AVRITI APARTMENTS,4TH CROSS,
KAVERI NAGAR,MAHADEVAPURA.P.O,BANGALORE,
KARNATAKA-560048,MOB-8105490909.
2 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
BY ADV SRI.PIRAPPANCODE V.S.SUDHIR
SENIOR GOVERNMENT PLEADER- B.UNNIKRISHNA KAIMAL FOR R2
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY
HEARD ON 07.07.2025, ALONG WITH OP(KAT).454/2018 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(KAT) Nos.454 & 460 of 2018 & 462 of 2019
-5-
2025:KER:49475
JUDGMENT
Dated the 7th day of July, 2025 [OP(KAT) Nos.454 and 460 of 2018 & 462 of 2019] A. Muhamed Mustaque, J.
Spoke.
2. The above cases are filed at the instance of the Kerala Public Service Commission challenging the respective orders of the Tribunal directing them to accept the candidature of the applicants as valid, observing that the registration with a State Dental Council alone is mandatory.
3. In O.P. (KAT) No. 454 of 2018, the applicant/1st respondent has applied for the post of Dental Mechanic Grade-II in the Health Department. She possesses a Dental Mechanic certificate from Vinayaka Mission's Sankaracharya Dental College, Salem, Tamil Nadu.
The last date for submitting application was 14.12.2016 and at that time, she did not possess registration with Kerala Dental Council. She got registration with Kerala Dental Council only on 09.11.2017. In other two cases, the applicants/1st respondent are having registration with the Karnataka State Dental Council.
4. The qualifications prescribed by the statute include registration with the State Dental Council. The Kerala Public Service Commission rejected their applications stating that they did not OP(KAT) Nos.454 & 460 of 2018 & 462 of 2019 -6- 2025:KER:49475 possess necessary qualifications. The Tribunal allowed the Original Applications holding that registration with any Dental Council is sufficient. Challenging the said orders, KPSC has approached this Court.
5. The matter was admitted and interim stay was also granted in all the cases. In respect of all reported vacancies, appointments were made by the KPSC. None of them were arrayed as parties in these cases. Further, we also find merit in the argument of KPSC.
We leave the question of law open. As due to the passage of time, no relief can be granted to the applicants before the Tribunal, especially the appointments were made during the course of litigation and none of the appointees are before us. Accordingly, these original petitions are disposed of holding that the challenge made by the applicants before the Tribunal have become infuctuous.
Sd/-
A.MUHAMED MUSTAQUE JUDGE Sd/-
JOHNSON JOHN JUDGE ASH OP(KAT) Nos.454 & 460 of 2018 & 462 of 2019 -7- 2025:KER:49475 APPENDIX OF OP(KAT) 454/2018 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE O.A.(EKM)NO.2856/2017 WITH ITS ANNEXURES.
Annexure A1 TRUE COPY OF THE NOTIFICATION DATED 11.11.2016 ISSUED BY THE 2ND RESPONDENT. Annexure A2 TRUE COPY OF THE APPLICATION MADE BY THE APPLICANT DATED 07.11.2016.
Annexure A3 TRUE COPY OF THE RELEVANT PAGES OF THE SSLC BOOK OF THE APPLICANT.
Annexure A4 TRUE COPY OF THE CERTIFICATE OF HIGHER SECONDARY EXAMINATION PASSED BY THE APPLICANT.
Annexure A5 TRUE COPY OF THE CERTIFICATE OF DENTAL MECHANIC COURSE ISSUED BY THE SANKARACHARYA DENTAL COLLEGE, SALEM.
Annexure A6 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 24.01.2001 ISSUED BY THE TAMILNADU DENTAL COUNCIL.
Annexure A7 TRUE COPY OF THE ADMISSION TICKET ISSUED BY THE RESPONDENT TO THE APPLICANT. Annexure A8 TRUE COPY OF THE PROBABILITY LIST DATED 31.10.2017 PUBLISHED BY THE 2ND RESPONDENT. Annexure A9 TRUE COPY OF THE REQUEST ISSUED BY THE 2ND RESPONDENT TO THE APPLICANT.
Annexure A10 TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE KERALA STATE DENTAL COUNCIL DATED 09.11.2015 TO THE APPLICANT. Annexure A11 TRUE COPY OF THE RESULT OF THE CERTIFICATE VERIFICATION DATED 16.11.2017 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE MISCELLANEOUS APPLICATION TO REVIVE AND EXTENT STAY WITH ANNEXURES- A12.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 17.01.2018 IN O.A(EKM)NO.2856/2017.
OP(KAT) Nos.454 & 460 of 2018 & 462 of 2019 -8- 2025:KER:49475 APPENDIX OF OP(KAT) 462/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE O.A.(EKM)NO.1741/2017 WITH ITS ANNEXURES.
EXHIBIT P1(A1) TRUE COPY OF THE BDS CERTIFICATE ISSUED TO THE APPLICANT DATED 29.03.2010. EXHIBIT P1(A2) TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED TO THE APPLICANT NY KARNATAKA STATE DENTAL COUNCIL.
EXHIBIT P1(A3) TRUE COPY OF THE MDS CERTIFICATE IN ORAL AND MAXILLOFACIAL SURGERY ISSUED TO THE APPLICANT.
EXHIBIT P1(A4) TRUE COPY OF THE NOTIFICATION DATED 12.05.2016 PUBLISHED IN THE GAZETTE INVITING APPLICATION FOR THE POST OF ASSISTANT PROFESSOR IN ORAL AND MAXILLOFACIAL SURGERY. EXHIBIT P1(A5) TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY KERALA DENTAL COUNCIL DATED 30.06.2016.
EXHIBIT P1(A6) TRUE COPY OF THE COMMUNICATION DATED 27.07.2017 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P1(A7) TRUE COPY OF THE COMMUNICATION DATED 02.08.2017 SENT BY THE KERALA DENTAL COUNCIL TO THE 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE RESPONDENTS 1 AND 2 DATED 08.12.2017.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 29.03.2019 IN O.A.(EKM)NO.1741/2017.
EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER IN OP(KAT) NO.460 OF 2018.
OP(KAT) Nos.454 & 460 of 2018 & 462 of 2019 -9- 2025:KER:49475 APPENDIX OF OP(KAT) 460/2018 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE O.A.(EKM)NO.994/2017 WITH ITS ANNEXURES.
Annexure A1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 01.02.2002, ISSUED TO THE APPLICANT BY THE REGISTRAR, KERALA DENTAL COUNCIL. Annexure A2 TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF ADDITIONAL DENTAL QUALIFICATION, AGAIN ISSUED BY THE REGISTRAR, KERALA DENTAL COUNCIL.
Annexure A3 TRUE COPY OF THE CERTIFICATE ISSUED BY THE REGISTRAR, KERALA DENTAL COUNCIL, RENEWING THE REGISTRATION UPTO 31ST DECEMBER, 2014. Annexure A4 TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRINCIPAL, AZEEZIA COLLEGE OF DENTAL SCIENCES, KOLLAM, CERTIFYING THAT THE APPLICANT HAD WORKED THERE FOR THE PERIOD FROM 23.03.2007 TO 14.07.2008.
Annexure A5 TRUE COPY OF THE ORDER DATED 25.06.2011, ACCORDING SANCTION TO THE APPLICANT FOR UNDERGOING PART TIME RESEARCH LEADING TO PH.D.DEGREE.
Annexure A6 TRUE COPY OF THE EXPERIENCE CERTIFICATE DATED 16.05.2017 ISSUED BY THE PRINCIPAL, P.M.S.COLLEGE OF DENTAL SCIENCE AND RESEARCH, THIRUVANANTHAPURAM. Annexure A7 TRUE COPY OF THE CERTIFICATE NO.D1.278/12/DC DATED 11.10.2012 ISSUED BY THE REGISTRAR, KERALA DENTAL COUNCIL.
Annexure A8 TRUE COPY OF THE CERTIFICATE DATED 07.02.2013/17.04.2013 WITH REG.NO.31372A, ISSUED BY THE REGISTRAR, KARNATAKA STATE DENTAL COUNCIL TO THE APPLICANT. Annexure A9 TRUE COPY OF THE RENEWAL CERTIFICATE, RENEWING ANNEXURE A8 TILL 31.12.2017 ISSUED BY THE REGISTRAR, KARNATAKA STATE DENTAL COUNCIL.
Annexure A10 TRUE COPY OF THE NOTIFICATION PUBLISHED IN THE KERALA GAZETTE DATED 30.06.2016 AGAINST CATEGORY NO.158/2016 FOR APPOINTMENT TO THE ANNEXURE A3: TRUE COPY OF THE POST OF ASSISTANT PROFESSOR IN PERIODONTICS. Annexure A11 TRUE COPY OF THE ADMISSION TICKET ISSUED BY THE 2ND RESPONDENT TO THE APPLICANT. Annexure A12 TRUE COPY OF THE MESSAGE FORWARDED TO THE APPLICANT IN HER PROFILE BY THE 2ND RESPONDENT.
OP(KAT) Nos.454 & 460 of 2018 & 462 of 2019 -10- 2025:KER:49475 Annexure A13 TRUE COPY OF THE MESSAGE FORWARDED TO THE APPLICANT WHEREBY SHE WAS DIRECTED TO APPEAR WITH THE ORIGINAL DOCUMENTS FOR THE OTR VERIFICATION, BY THE 2ND RESPONDENT. Annexure A14 TRUE COPY OF THE SHORT LIST PUBLISHED BY THE PUBLIC SERVICE COMMISSION FOR THE INTERVIEW WITH RESPECT TO THE SELECTION TO THE POST OF ASSISTANT PROFESSOR IN PERIODONTICS. Annexure A15 TRUE COPY OF THE NOTIFICATION DATED 12.03.2009 INVITING APPLICATION FOR THE POST OF SENIOR LECTURER IN ORAL MEDICINE AND RADIOLOGY (CATEGORY NO.43/2009). Annexure A16 TRUE COPY OF THE NOTIFICATION PUBLISHED IN THE KERALA GAZETTE DATED 15.11.2013 RELATING TO CATEGORY NOS.425/2013 TO 429/2013. Annexure A17 TRUE COPY OF THE NOTIFICATION PUBLISHED IN THE KERALA GAZETTE DATED 14.06.2013 RELATING TO CATEGORY NOS.135/2016 AND 136/2016. EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE 2ND RESPONDENT DATED 09.10.2017.
EXHIBIT P3 TRUE COPY OF THE MISCELLANEOUS APPLICATN WITH ANNEXURES Annexure MA18 TRUE COPY OF THE REPRESENTATION, SUBMITTED BY THE APPLICANT THROUGH E-MAIL, TO THE CHAIRMAN, KERALA PUBLIC SERVICE COMMISSION, ON 19.05.2017 AND THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, ON 06.06.2017. Annexure MA19 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE APPLICANT THROUGH E-MAIL TO THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION ON 6/6/2017.
EXHIBIT P4 TRUE COPY OF MISCELLANEOUS APPLICATION WITH ANNEXURES Annexure A18 TRUE COPY OF THE REPRESENTATION DATED 10.06.2017 SUBMITTED BY THE APPLICANT BEFORE THE 2ND RESPONDENT.
Annexure A19 TRUE COPY OF THE LETTER NO.GR.VI(1)14026/15/GW DATED 11.07.2017 OF THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF MISCELLANEOUS APPLICATOIN WITH ANNEXURES Annexure MA20 TRUE COPY OF THE NOTIFICATION NO.924/2017/SSVII AGAINST CATEGORY NO.158/2016 PUBLISHED BY THE 2ND RESPONDENT. EXHIBIT P6 TRUE COPY OF THE ORDER DATED 13.10.2017 IN O.A.(EKM)NO.994/2017.