Kerala High Court
The Kerala Public Service Commission vs Jeslin Joseph on 17 January, 2023
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
OP(KAT) NO. 77 OF 2022
AGAINST THE ORDER IN OA (EKM) 206/2021 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/RESPONDENT:
1 KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY,
KERALA PUBLIC SERVICE COMMISSION,
PATTOM, THIRUVANANTHAPURAM - 695 004, KERALA
BY ADVS.
P.C.SASIDHARAN
SAMSUDIN PANOLAN
LIRA A.B.
RESPONDENT/APPLICANTS & RESPONDENT:
1 MANJUSHA LAKSHMI M.
AGED 29 YEARS
D/O. SATHYANATHAN, VAYAKKAPURATH THAZHATH VEEDU,
MOKAVOOR, MARAKKATTUNILAM ROAD,
ERANHIKKAL P. O., KOZHIKODE,
KERALA - 673303.
2 KRISHNA N. ,AGED 26 YEARS
W/O. ANSHID C. K., D/O. BALAKRISHNAN A. P.,
KRISHNA HOUSE, MANALODY, NILAMBUR
P. O., MALAPPURAM, KERALA - 679329.
3 HAJARA PADINHAREKUNNATH
AGED 27 YEARS
W/O. SALEEL KANHIRAN,
D/O. ABDUL LATHIEF PADINHAREKUNNATH,
PALLIYALIL HOUSE, PERIYAMBALAM,
PULIKKAL P. O., MALAPPURAM, KERALA - 673637.
OP(KAT)Nos. 77, 59,64 & 212 of 2022
2
*ADDL.R4 KERALA UNIVERSITY OF HEALTH SCIENCES (KUHS),
REPRESENTED BY ITS REGISTRAR,
MULAMKUNNATHUKAVU,THRISSUR.
(ADDITIONAL RESPONDENT NO.4 IS IMPLEADED AS PER
ORDER DATED 08/4/22 IN OP(KAT) NO.77/22.)
BY ADVS.
P.K.IBRAHIM
SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH
SCIENCES
SREEJI K.B.(K/000212/2017)
FATHIMA FIDHA(K/000368/2021)
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR ADMISSION ON 09.01.2023, ALONG WITH OP(KAT).59/2022,
64/2022 AND CONNECTED CASES, THE COURT ON 17.01.2023
DELIVERED THE FOLLOWING:
OP(KAT)Nos. 77, 59,64 & 212 of 2022
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
OP(KAT) NO. 59 OF 2022
AGAINST THE ORDER IN OA (EKM) 140/2021 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/RESPONDENT NO.1:
THE KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY,
KERALA PUBLIC SERVICE COMMISSION, PATTOM,
THIRUVANANTHAPURAM - 695004, KERALA.
BY ADV P.C.SASIDHARAN
RESPONDENT/APPLICANT & RESPONDENT NO.2:
1 JESLIN JOSEPH,AGED 30 YEARS
D/O. SRI. JOSEPH K.C, KALLARAKKAL HOUSE,
KRISHNANKOTTA P.O, THRISSUR, KERALA - 680733.
2 THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HIGHER EDUCATION (B) DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
*ADDL.R3 KERALA UNIVERSITY OF HEALTH SCIENCES (KUHS),
REPRESENTED BY ITS
OP(KAT)Nos. 77, 59,64 & 212 of 2022
4
REGISTRAR,MULAMKUNNATHUKAVU,THRISSUR.
ADDITIONAL RESPONDENT NO.3 IS IMPLEADED AS PER
ORDER DATED 08/4/22 IN OP(KAT) 59/2022.
BY ADVS.
T.G.SUNIL (PRANAVAM)
SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH
SCIENCES
J.OM PRAKASH
C.X.ANTONY BENEDICT
T.G.MANOJ
T.G.SANTHOSH
T.G.MAHESH
EMMANUAL SANJU
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR ADMISSION ON 09.01.2023, ALONG WITH OP(KAT).77/2022 AND
CONNECTED CASES, THE COURT ON 17.01.2023 DELIVERED THE
FOLLOWING:
OP(KAT)Nos. 77, 59,64 & 212 of 2022
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
OP(KAT) NO. 64 OF 2022
AGAINST THE ORDER IN OA (EKM) 147/2021 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/RESPONDENT NO.4:
THE KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY, KERALA PUBLIC
SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM-
695004, KERALA.
BY ADV P.C.SASIDHARAN
RESPONDENT/S:
*1 DHANYASREE NAIR (DELETED)
AGED 28, D/O.M.P. BALAN, VNRA 100, VALLIKATTIL,
MEKKAD P.O., ANGAMALLY-683589.
*R1 IS DELETED FROM THE PARTY ARRAY AS PER ORDER
DATED 4/3/2022 IN OP(KAT)64/2022.
2 NEETHU JOSE, AGED 29 YEARS
W/O. SAJAN C.C., KANJIRATHINGAL HOUSE,
KOTTAPADY P.O., THRISSUR, KERALA-680505.
3 HUSNA AMEENA P.K., AGED 29 YEARS
D/O. ABDUL JABBAR P.K. KAITHOTT HOUSE,
VATTOLI BAZAR P.O., KOZHIKODE,
KERALA-673612.
4 STATE OF KERALA,
DEPARTMENT OF HEALTH AND FAMILY WELFARE,
OP(KAT)Nos. 77, 59,64 & 212 of 2022
6
SECRETARIAT, THIRUVANANTHAPURAM-695001,
REPRESENTED BY ITS PRINCIPAL SECRETARY, KERALA.
5 PRINCIPAL SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,
THIRUVANANTHAPURAM-695001, KERALA.
6 KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE P.O., THRISSUR-680596,
REPRESENTED BY ITS REGISTRAR, KERALA.
7 INDIRA GANDHI NATIONAL OPEN UNIVERSITY,
KALOOR, KOCHI, ERNAKULAM-682017,
REPRESENTED BY ITS VICE CHANCELLOOR, KERALA.
BY SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF
HEALTH SCIENCES
BY ADV K.MOHANAKANNAN
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR ADMISSION ON 09.01.2023, ALONG WITH OP(KAT).77/2022 AND
CONNECTED CASES, THE COURT ON 17.01.2023 DELIVERED THE
FOLLOWING:
OP(KAT)Nos. 77, 59,64 & 212 of 2022
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
OP(KAT) NO. 212 OF 2022
AGAINST THE ORDER IN OA (EKM) 202/2021 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/RESPONDENT NO.4:
KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY,
KERALA PUBLIC SERVICE COMMISSION, PATTOM,
THIRUVANANTHAPURAM-695004, PIN - 695004
BY ADV P.C.SASIDHARAN
RESPONDENT/APPLICANTS & RESPONDENT NOS.1 TO 3 & 5:
1 ROSHNI ANN JOSEPH
AGED 31, D/O JOSEPH K A, KUNNILETHU RO-JOS,
ETTICHUVADU P O, RANNY-689675,
PATHANAMTHITTA, PIN - 689675
2 STATE OF KERALA
DEPARTMENT OF HEALTH AND FAMILY WELFARE,
SECRETARIAT,
THIRUVANANTHAPURAM-695001,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
PIN - 695001
3 PRINCIPAL SECRETARY
DEPARTMENT OF HIGHER EDUCATION,
THIRUVANANTHAPURAM-695001, PIN - 695001
4 KERALA UNIVERSITY OF HEALTH SCIENCES
MEDICAL COLLEGE P O, THRISSUR 680596,
OP(KAT)Nos. 77, 59,64 & 212 of 2022
8
REP. BY ITS REGISTRAR, PIN - 680596
5 INDIRA GANDHI NATIONAL OPEN UNIVERSITY
KALOOR, KOCHI, ERNAKULAM 682017,
REP. BY ITS VICE CHANCELLOR,
KERALA, PIN - 682017
BY ADVS.
SANDEEP T.GEORGE
GOVERNMENT PLEADER
SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH
SCIENCES
SRI.MOHANAKANNAN K., SC, IGNOU
SREEVALSAKRISHNAN P K
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 09.01.2023, ALONG WITH OP(KAT).77/2022 AND
CONNECTED CASES, THE COURT ON 17.01.2023 DELIVERED THE
FOLLOWING:
OP(KAT)Nos. 77, 59,64 & 212 of 2022
9
A.K. JAYASANKARAN NAMBIAR & MOHAMMED NIAS C.P., JJ
......................................................
OP(KAT)Nos. 77, 59,64 & 212 of 2022
.................................................................
Dated this the 17th day of January, 2023
JUDGMENT
Mohammed Nias.C.P., J.
The Kerala Public Service Commission (PSC) is aggrieved by the order in OA Nos.206/2021, 240 of 2021, 147 of 2021 and 202 of 2021 of the Kerala Administrative Tribunal, Ernakulam Bench, whereby, the original applications preferred by the party respondents were allowed holding them to be eligible to apply for the post of Optometrist Grade II in the Health Services Department pursuant to the notification dated 14.11.2018 as category No.217/2018.
2. The short facts leading to the original petitions are as follows:-
The Kerala Public Service Commission ('PSC' for short) invited applications from the qualified candidates for appointment to the OP(KAT)Nos. 77, 59,64 & 212 of 2022 10 post of Optometrist Grade II in the Health Services Department prescribing the following qualifications:
"Qualifications (1) Pass in Pre-degree with Physics, Chemistry and Biology OR Physics, Chemistry and Mathematics as optional subjects or equivalent qualification (2) Diploma in Ophthalmic Assistant Course (2 years) conducted by the Medical Colleges in Kerala or equivalent qualification."
3. The party respondents/applicants before the Tribunal were graduates in BSc Optometry Course from the Universities recognised by the University Grants Commission (UGC). The PSC issued a communication dated 22.12.2020 to the applicants requiring them to upload the TC/Course Certificate from the institutions in which they underwent the BSc Optometry course within five days and also to get the same verified from the local office of the PSC. It further stipulated that in case the BSc Optometry Course was undertaken under the Distance Education Scheme, then the Government Order enabling the acceptability/equivalence of the course was also to be produced. The PSC thereafter finding that the documents requested for by them were not produced, rejected the applications on three grounds namely that the documents sought for OP(KAT)Nos. 77, 59,64 & 212 of 2022 11 by them were not produced, the internship of the BSc Optometry Course was not completed before the last date of the application and thirdly the BSc Optometry Course undergone under the Open/Distance Education Course was not acceptable and consequently rejected the applications of those included in the ranked list for selection. The orders of rejection were challenged before the Tribunal by the applicants contending that they had the requisite qualification of BSc Optometry which is a higher/superior qualification to that of Diploma in Ophthalmic Assistant Course.
They had applied for the post and took the written test and were included in the probability list. It is after their inclusion in the probability list that they were asked to upload the certificates, which they did through their profile for one time verification of the documents as mentioned above. During the pendency of the original applications, the PSC had brought into force the ranked list for the post of Optometrist Grade II with effect from 29.4.2021.
4. The petitioner - PSC contended before the Tribunal that the applicants did not upload the certificates sought for by them to prove that the qualification possessed by them and that it was one acquired through a regular course of study, or through the Distance/Correspondence/Open Course. It is further contended by OP(KAT)Nos. 77, 59,64 & 212 of 2022 12 the petitioners that as per Rule 10(1)(ii) of the Part II KS & SSR, it had decided to accept the BSc Optometry decree course obtained through the regular course of study as higher qualification. It is also their contention that TC/ Course certificate produced by the applicants did not make it clear whether the course they undertook was part of a regular study as practical and internship was integral part of the course. For these reasons the rejections the rejection of the applications were sought to be sustained.
5. The applicants had filed a rejoinder to the reply statement reiterating that they were fully qualified and that all of them had undergone regular course of study from the Universities recognised by the UGC. The Tribunal after considering the rival submissions, and materials on record considered the short question as to whether the rejection by the PSC was illegal or not held in favour of the applicants..
6. It held that it is not in dispute that the qualification of BSc Optometry of four years duration was a superior qualification as provided under Rule 10(a)(ii) of Part II KS & SSR and it was made applicable in the selection. It was further undisputed that the PSC had decided to accept the above qualification acquired through a OP(KAT)Nos. 77, 59,64 & 212 of 2022 13 regular course of study as a superior qualification by treating it as a qualification sufficient for the post. The Tribunal after considering the communications sent by the PSC requiring the applicants to produce the certificates found since all the applicants had acquired qualification through the regular course of study, as evidenced from the course certificate/TC, they were not required to produce any Government Order that proving the equivalency/ acceptability of the degrees obtained by the applicants. The Tribunal further found that the Universities concerned as a matter of fact endorsed the fact that the applicants had acquired the BSc Optometry qualification through a regular course of study. In as much as the applicants possessed the requisite qualification, BSc Optometry through a regular course of study which admittedly is a superior qualification and which was made applicable to the selection process as aforesaid the applicants were found entitled to succeed and the orders impugned in the original applications were set aside and the PSC was directed to issue appropriate addendum notification including the applicants in the rank list, in accordance with their marks and also a further direction, after inclusion in the rank list for further advice and appointment there from in accordance with their ranking and working out the rotation and the turns by the PSC. This order of the tribunal is impugned in these original petitions. OP(KAT)Nos. 77, 59,64 & 212 of 2022 14
7. We heard Sri.P.C.Sasidharan, the learned standing counsel for the PSC, Sri.P.K.Ibrahim, Sri.T.G.Sunil, Sri.Sandeep T. George, the learned counsel appearing for the respondents/applicants, Sri.P.Sreekumar, learned standing counsel for the Kerala University of Health Sciences (KUHS), Sri. Mohanakannan.K., the learned standing counsel for IGNOU.
8. After hearing the learned counsel in all sides and perusing the pleadings and records the following admitted facts emerge. The fact that the BSc Optometry qualification obtained through a regular course of study is treated as a higher qualification for the selection in question is not disputed by the petitioner. The candidates were requested to produce, TC/Course certificate from the University or from the institute from which the qualification was acquired only to prove that they had undertaken a regular course of study and that was done by the applicants. Since the applicants had acquired the qualification through a regular course of study there was no further requirement for the applicants to produce any Government Order as it was applicable only to those who underwent the Open/Correspondence Course. The requirement of those who undertook the Distance Education course to produce the documents OP(KAT)Nos. 77, 59,64 & 212 of 2022 15 were not applicable or relevant to the applicants before the Tribunal and as such the reasons in the impugned order cannot stand. The Tribunal in our view was fully justified in concluding that the applicants had undergone a regular course of study and that BSc Optometry Degree was considered as a valid qualification, the rejection was unwarranted.
9. This Court at the time of admission passed a detailed order on 8.4.2022 directing the Kerala University of Health Sciences (KUHS) Thrissur to be impleaded in the writ appeal for the specific purpose of requesting the Universities concerned, Bharathiar and Alagappa to provide such materials regarding the respective BSc courses in Optometry run by the Universities so that the expert academic body of KUHS may examine all these materials including the course contents, syllabus, curriculum of the BSc course in Optometry, run by those Universities and to compare the same with the syllabus, course contents, curriculum of the two year Diploma course in Ophthalmic Assistants run by the Medical Colleges in Kerala and to take a considered decision as to whether or not each of the BSc Degrees granted can be treated as a higher qualification which per-supposes the acquisition of the lower qualification of Diploma in Ophthalmic Assistant within the meaning Rule10(a)(ii) of OP(KAT)Nos. 77, 59,64 & 212 of 2022 16 KS &SSR Part II. The petitioner - PSC was also directed to give their remarks to the Registrar, Kerala State Health Sciences (KUHS).
After completing the exercise as directed by this Court, KUHS has filed a memo enclosing the report. The relevant portions are extracted hereunder:-
"Report of the meeting of the expert committee Constituted for comparison of Curriculum, syllabus etc; of BSc Optometry of Bharatiar University, Alagappa University and Indira Gandhi National Open University, with that of the Diploma in Ophthalmic Assistants Courses conducted by the Medical Colleges in Kerala xxxxx The Committee examined the syllabus of the following courses in detail
1. BSc Optometry of Bharatiar University
2. BSc Optometry of Alagappa University
3. BSc (Hons) in Optometry and Ophthalmic Techniques of IGNOU
4. Diploma in Ophthalmic Assistants Courses conducted by the Medical Colleges in Kerala On detailed scrutiny, the committee has the opinion that the BSc Optometry courses of Alagappa and Bharatiar University are higher degree as compared to BSc (Hons) in Optometry and Ophthalmic Techniques of IGNOU and Diploma in Ophthalmic Assistants courses conducted by the Medical Colleges in Kerala The reasons are:
1. The BSc Optometry courses of Alagappa and Bharatiar University have a Specified duration and internship (3 years and 1 year)
2. Vaster syllabus with more subjects, depth in subjects, more papers and newer subjects etc., Eg: BSc Optometry of Bharatiar University have 29 theory and 10 practicals and BSc Optometry of Alagappa university 31 theory and 17 OP(KAT)Nos. 77, 59,64 & 212 of 2022 17 practicals compared to the courses to BSc (Hons) in Optometry and Ophthalmic Techniques of INGOU which have 14 Theory and 14 Practicals and Diploma in Ophthalmic Assistants courses conducted by the Medical Colleges in Kerala which have 4 theory and 2 practicals.
3. The qualifications of examiners conducting the exam and the qualifications of teachers taking the classes are specified in the Bharatiar and Alagappa University courses but not specified in the IGNOU.
4. The Clinical/Practical training is completely supervising and sequential in BSc Optometry courses of Alagappa and Bharatiar University but it is not so in the IGNOU Course. In case of Diploma in Ophthalmic Assistants courses conducted by the Medical Colleges in Kerala, it is partial (1 year)
5. The teaching learning methodology for BSc Optometry course of Alagappa and Bharatiar University is classroom/Hospital based/ Clinical based/ practical lab based whereas in BSc (Hons) Optometry and Ophthalmic Techniques of IGNOU is tele communication/Occational contact/Online/distance mode and non-continuous i.e. the student can appears in final paper in the final year without studying basics.
6.BSc Optometry courses of Alagappa and Bharatiar university have project work and Viva, whereas the BSc (Hons) in Optometry and ophthalmic Techniques of IGNOU / Diploma in Ophthalmic Assistants course have only assignments
7. Medical subject like Pediatrics Optometry, Microbiology, Pathology, Ocular Anatomy, Ocular Physiology, systematic diseases etc; addressed poorly in BSc (Hons) in Optometry and Ophthalmic Techniques of IGNOU / Diploma in Ophthalmic Assistants course.
Conclusion The committee came to the following conclusion
1. The BSc Optometry courses of Alagappa and Bharatiar university is higher compared to Diploma in Ophthalmic Assistants courses conducted by the Medical Colleges in Kerala.
2.BSc (Hons) in Optometry and Ophthalmic Techniques of IGNOU course is not considered as higher course compared to Diploma in Ophthalmic Assistants courses conducted by the Medical Colleges in Kerala as its education mode is distance."
OP(KAT)Nos. 77, 59,64 & 212 of 2022 18 On a perusal of the report extracted above it can be seen that the expert body was of definite opinion that the course undertaken in IGNOU cannot be considered as a higher qualification compared to the Diploma in Ophthalmic Assistant Courses conducted by the Medical Colleges in Kerala as its education mode is Distance. As stated above the PSC had only taken a decision to permit the BSc Optometry Course conducted in the regular mode as an equivalent qualification and it has been its consistent stand throughout. The learned counsel for the appellants in OP(KAT) 64 of 2022 and OP(KAT) 212 of 2022 tried to justify the degrees obtained from IGNOU by bringing to our notice the public notice dated 7.9.2022 issued by the UGC referring to the Regulations 22 of the University Grants Commission (Open and Distance Learning Programmes and Online Programmes) Regulations, 2020, stipulated as follows:-
"PUBLIC NOTICE Equivalence of degree obtained through ODL and Online mode with degree obtained through conventional mode The Regulation 22 of the University Grants Commission (Open and Distance Learning Programmes and Online Programmes) Regulations, 2020 stipulates as under.
"Equivalence of qualification acquired through Conventional or Open and Distance Learning and Online modes:- Degrees at undergraduate and postgraduate level in conformity with UGC notification on Specification of Degrees, 2014 and post graduate diplomas awarded through Open and Distance Learning mode and/or Online mode by Higher Educational Institutions, recognised by the OP(KAT)Nos. 77, 59,64 & 212 of 2022 19 Commission under these regulations, shall be treated as equivalent to the corresponding awards of the Degrees at undergraduate and postgraduate level and post graduate diplomas offered through conventional mode."
This is for information of the general public, students and other stakeholders."
As stated in the notice, as it can only apply from the date of the public notice or at the most from the date of the Regulations 2020, obviously it cannot apply to the applicants in OP(KAT)64 of 2022 and OP(KAT)212 of 2022 as their graduation and the date of applying under the notification were much prior to the public notice and the Regulations.
On a perusal of the report extracted above and for the reasons mentioned above, we are of the firm opinion that the order and directions of the Tribunal cannot be faulted at all with respect to the applicants in OA No.140 of 2021 from which OP(KAT) 59 of 2022 arises and in OA No.206 of 2021 from which OP(KAT) 77 of 2022 arises. The challenge against them has to fail. As regards the applicants in OA No.147 of 2021 from which OP(KAT) 64 of 2022 arises and in OA 202 of 2021 from which OP(KAT) 212 of 2022 arises, the applicants had graduated from IGNOU and the rejection of their application by the petitioner has to be sustained for the reasons mentioned above.
OP(KAT)Nos. 77, 59,64 & 212 of 2022 20 In the light of the above, the Original Petitions (KAT) 59 of 2022 and 77 of 2022 are dismissed and Original Petitions (KAT) 64 of 2022 and 212 of 2022 are allowed.
Sd/- A.K. JAYASANKARAN NAMBIAR, JUDGE Sd/- MOHAMMED NIAS C.P. JUDGE dlk/9.1.2023 OP(KAT)Nos. 77, 59,64 & 212 of 2022 21 APPENDIX OF OP(KAT) 59/2022 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE O.A (EKM) NO. 140 OF 2021 WITH ITS ANNEXURES.
ANNEXURE A1 A TRUE COPY OF THE NOTIFICATION IN RESPECT OF CATEGORY NO. 217/18 PUBLISHED AS PER EXTRAORDINARY GAZETTE DATED 14.11.2018 RETRIEVED FROM THE OFFICIAL WEB SITE OF THE KERALA PUBLIC SERVICE COMMISSION.
ANNEXURE A2 A TRUE COPY OF THE DEGREE CERTIFICATE DATED 11.11.2011 ISSUED BY THE ALAGAPPA UNIVERSITY, TAMIL NADU.
ANNEXURE A3 A TRUE COPY OF THE TRANSFER CERTIFICATE DATED 23.12.2020 ISSUED BY THE LOTUS BAUSCH & LOMB INSTITUTE OF OPTOMETRY. ANNEXURE A4 A TRUE COPY OF THE TRANSCRIPT OF RECORD DATED 07.05.2015 ISSUED BY THE LOTUS BAUSCH & LOMB INSTITUTE OF OPTOMETRY. ANNEXURE A5 A TRUE COPY OF THE LIST OF RELEVANT PROGRAMMES OFFERED BY THE ALAGAPPA UNIVERSITY RETRIEVED FROM THE OFFICIAL WEB SITE.
ANNEXURE A6 A TRUE COPY OF GO(MS) NO. 272/2018/HEDN DATED 13.11.2018 ISSUED BY GOVERNMENT OF KERALA, HIGHER EDUCATION(B) DEPARTMENT. ANNEXURE A7 A TRUE COPY OF THE PRINT OUT OF THE UPDATED LIST OF UNIVERSITIES APPROVED BY THE UGC.
ANNEXURE A8 A TRUE COPY OF THE APPLICATION DATED 17.11.2018 SUBMITTED BY THE APPLICANT IN RESPECT OF CATEGORY NO. 217/18.
ANNEXURE A9 A TRUE COPY OF THE PRINT OUT OF THE OP(KAT)Nos. 77, 59,64 & 212 of 2022 22 ADMISSION TICKET OF THE APPLICANT IN RESPECT OF CATEGORY NO. 217/18.
ANNEXURE A10 A TRUE COPY OF THE NOTIFICATION DATED 18.03.2020 ISSUED BY KERALA PUBLIC SERVICE COMMISSION.
ANNEXURE A11 A TRUE COPY OF THE LETTER NO.GR6- 2/50002/2018-KPSC DATED 22.12.2020 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION.
ANNEXURE A12 A TRUE COPY OF THE LETTER NO. GR6- 2/50002/2018-KPSC PART (1) DATED 05.01.2021 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION.
EXHIBIT P2 TRUE COPY OF MISCELLANEOUS APPLICATION. EXHIBIT P3 TRUE COPY OF THE REPLY STATEMENT FILED ON COMMISSION.
EXHIBIT P4 TRUE COPY OF THE REJOINDER FILED BY THE APPLICATION ALONG WITH ANNEXURES. ANNEXURE A13 A TRUE COPY OF CERTIFICATE DATED 25.03.2021 ISSUED BY THE REGISTRAR, ALAGAPPA UNIVERSITY.
ANNEXURE A14 A TRUE COPY OF CERTIFICATE DATED 19.03.2021 ISSUED BY THE PRINCIPAL, LOTUS BAUSCH & LOMB INSTITUTE OF OPTOMETRY (ANNEXURES A13 AND A14 ARE PRODUCED ALONG WITH THE REJOINDER DATED 05.04.2021).
EXHIBIT P5 TRUE COPY OF THE TRIBUNAL ORDER DATED 02.12.2021 IN O.A (EKM) NO. 140/2021. OP(KAT)Nos. 77, 59,64 & 212 of 2022 23 APPENDIX OF OP(KAT) 64/2022 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE OA(EKM) NO.147/2021 WITH ITS ANNEXURES.
ANNEXURE A1 TRUE COPY OF THE RELEVANT PAGES OF THE PROGRAM GUIDE OF B.SC (HONS) OPTOMETRY OF IGNOU.
ANNEXURE A2 TRUE COPY OF THE DEGREE CERTIFICATE FOR OPTOMETRY TO THE 1ST APPLICANT ISSUED BY IGNOU DATED 14/08/2014.
ANNEXURE A3 TRUE COPY OF THE CERTIFICATE DATED 11/01/2021 ISSUED BY THE 5HT RESPONDENT TO THE 1ST APPLICANT.
ANNEXURE A4 TRUE COPY OF THE ELIGIBILITY CERTIFICATE DATED 19/06/2015 ISSUED BY THE 3RD RESPONDENT.
ANNEXURE A5 TRUE COPY OF THE POST GRADUATION CERTIFICATE FOR OPTOMETRY ISSUED BY 3RD RESPONDENT DATED 28/04/2018.
ANNEXURE A6 TRUE COPY OF THE DEGREE CERTIFICATE FOR OPTOMETRY TO THE 2ND APPLICANT ISSUED BY IGNOU DATED 08/08/2013.
ANNEXURE A7 TRUE COPY OF THE CERTIFICATE DATED 11/01/2021 ISSUED BY THE 5TH RESPONDENT TO THE 2ND APPLICANT.
ANNEXURE A8 TRUE COPY OF THE DEGREE CERTIFICATE FOR OPTOMETRY TO THE 3RD APPLICANT ISSUED BY IGNOU DATED 25/02/2014.
ANNEXURE A9 TRUE COPY OF THE CERTIFICATE DATED 11/01/2021 ISSUED BY THE 5TH RESPONDENT TO THE 3RD APPLICANT.
ANNEXURE A10 TRUE COPY OF THE LETTER OF UNIVERSITY GRANTS COMMISSION OF FEBRUARY 1992. OP(KAT)Nos. 77, 59,64 & 212 of 2022 24 ANNEXURE A11 TRUE COPY OF THE LETTER DATED 29/08/2014 ISSUED BY THE GOVERNMENT OF INDIA, MINISTRY OF HEALTH AND FAMILY WELFARE. ANNEXURE A12 TRUE COPY OF GOVERNMENT ORDER NO.272/2018/HEDN DATED 13/11/2018. ANNEXURE A13 TRUE COPY OF THE NOTIFICATION DATED 19/12/2018 FOR CATEGORY NO.217/2018. ANNEXURE A14 TRUE COPY OF THE VERIFICATION CERTIFICATE ISSUED BY THE 4TH RESPONDENT DATED 26/08/2020 TO THE 1ST APPLICANT. ANNEXURE A15 TRUE COPY OF THE VERIFICATION CERTIFICATE ISSUED BY THE 4TH RESPONDENT DATED 11/01/2021 TO THE 2ND APPLICANT. ANNEXURE A16 TRUE COPY OF THE VERIFICATION CERTIFICATE ISSUED BY THE 4TH RESPONDENT DATED 22/09/2020 TO THE 3RD APPLICANT. ANNEXURE A17 TRUE COPY OF THE PRINT OUT SHOWING THE MESSAGE OF THE 4TH RESPONDENT ISSUED TO THE 1ST APPLICANT.
ANNEXURE A18 TRUE COPY OF THE PRINT OUT SHOWING THE MESSAGE OF THE 4TH RESPONDENT ISSUED TO THE 2ND APPLICANT.
ANNEXURE A19 TRUE COPY OF THE PRINT OUT SHOWING THE MESSAGE OF THE 4TH RESPONDENT ISSUED TO THE 3RD APPLICANT.
ANNEXURE A20 TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT DATED 05/01/2021 TO THE 1ST APPLICANT.
ANNEXURE A21 TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT DATED 05/01/2021 TO THE 2ND APPLICANT.
ANNEXURE A22 TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT DATED 05/01/2021 TO THE 3RD APPLICANT.
ANNEXURE A23 TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT TO THE 1ST APPLICANT OP(KAT)Nos. 77, 59,64 & 212 of 2022 25 DATED 15/02/2020.
ANNEXURE A24 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE APPLICANTS DATED 20/08/2020.
ANNEXURE A25 TRUE COPY OF THE RECEIPT EVIDENCING THE SUBMISSION OF REPRESENTATION.
EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE COMMISSION.
EXHIBIT P3 TRUE COPY OF THE REPLY STATEMENT FILED BY THE COMMISSION.
OP(KAT)Nos. 77, 59,64 & 212 of 2022 26 APPENDIX OF OP(KAT) 212/2022 PETITIONER'S ANNEXURES Annexure A1 RUE COPY OF THE RELEVANT PAGES OF THE PROGRAM GUIDE OF BSC(HONS.) OPTOMETRY OF IGNOU .
Annexure A2 TRUE COPY OF THE DEGREE CERTIFICATE FOR OPTOMETRY TO THE 1ST APPLICANT ISSUED BY IGNOU DATED 14.08.2014 Annexure A3 TRUE COPY OF THE CERTIFICATE OF FACE TO FACE STUDY DATED 11.01.2021 ISSUED BY THE 5TH RESPONDENT TO THE 1ST APPLICANT Annexure A4 TRUE COPY OF THE ELIGIBILITY CERTIFICATE DATED 27.06.2015 ISSUED BY THE 3RD RESPONDENT TO THE 1ST APPLICANT.
Annexure A5 TRUE COPY OF THE POST-GRADUATION CERTIFICATE FOR OPTOMETRY ISSUED BY 3RD RESPONDENT DATED 03.12.2018 TO THE 1ST APPLICANT .
Annexure A6 TRUE COPY OF THE DEGREE CERTIFICATE FOR OPTOMETRY TO THE 2ND APPLICANT ISSUED BY IGNOU DATED 08.08.2013 Annexure A7 TRUE COPY OF THE CERTIFICATE OF FACE TO FACE STUDY DATED 11.01.2021 ISSUED BY THE 5TH RESPONDENT TO THE 2ND APPLICANT .
Annexure A8 TRUE COPY OF THE LETTER OF UNIVERSITY GRANTS COMMISSION OF FEBRUARY 1992 Annexure A9 TRUE COPY OF THE LETTER DATED 29.08.2014 ISSUED BY THE GOVERNMENT OF INDIA, MINISTRY OF HEALTH AND FAMILY WELFARE Annexure A10 TRUE COPY OF GOVERNMENT ORDER-G.O.(MS) NO. 272/2018/HEDN DATED 13.11.2018 Annexure A11 TRUE COPY OF THE NOTIFICATION DATED OP(KAT)Nos. 77, 59,64 & 212 of 2022 27 19.12.2018 FOR CATEGORY NO. 217/2018 Annexure A12 TRUE COPY OF THE VERIFICATION CERTIFICATE ISSUED BY THE 4TH RESPONDENT DATED 07.09.2020 TO THE 1ST APPLICANT Annexure A13 TRUE COPY OF THE VERIFICATION CERTIFICATE ISSUED BY THE 4TH RESPONDENT DATED 08.09.2020 TO THE 2ND APPLICANT.
Annexure A14 TRUE COPY OF THE PRINT OUT SHOWING THE MESSAGE OF THE 4TH RESPONDENT ISSUED TO THE 1ST APPLICANT .
Annexure A15 TRUE COPY OF THE PRINT OUT SHOWING THE MESSAGE OF THE 4TH RESPONDENT TO THE 2ND APPLICANT Annexure A16 TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT DATED 05.01.2021 TO THE 2ND APPLICANT Annexure A17 TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT DATED 05.01.2021 TO THE 1ST APPLICANT Annexure A18 TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT TO DHANYASREE NAIR DATED 15.02.2020 Annexure A19 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE APPLICANTS DATED 20.08.2020 .
Annexure A20 TRUE COPY OF THE RECEIPT EVIDENCING THE SUBMISSION OF REPRESENTATION. .
ANNEXURE-R5(A) TRUE COPY OF THE MINUTES OF THE RELEVANT PAGES OF THE 49TH ACADEMIC COUNCIL MEETING OF IGNOU DATED 29.06.2009 ANNEXURE-R5(B) TRUE COPY OF THE DETAILS OF THE SYLLABUS OF IGNOU ANNEXURE-R5(C) TRUE COPY OF THE COMMUNICATION SENT BY OP(KAT)Nos. 77, 59,64 & 212 of 2022 28 THE GOVERNMENT OF INDIA TO THE DIRECTORATE OF MEDICAL EDUCATION, KERALA DATED 28.07.2014 .
Exhibit P1 TRUE COPY OF THE O.A. NO. 202 OF 2021 WITH ITS ANNEXURES.
Exhibit2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE COMMISSION Exhibit3 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 5TH RESPONDENT WITH ANNEXURES Exhibit P4 TRUE COPY OF M.A.NO.1382 OF 2021 IN OA NO. 202 OF 2021 Exhibit P5 TRUE COPY OF THE TRIBUNAL ORDER DATED 02.12.2021 IN O.A. NO. 202/2021.
OP(KAT)Nos. 77, 59,64 & 212 of 2022 29 APPENDIX OF OP(KAT) 77/2022 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE O.A.(EKM) NO.206 OF 2021 WITH ITS ANNEXURES.
ANNEXURE A1(a) TRUE COPY OF THE DEGREE CERTIFICATE DATED 24.11.2011 ISSUED BY BHARATHIAR UNIVERSITY TO THE 1ST APPLICANT FOR HAVING PASSED B.SC. OPTOMETRY.
ANNEXURE A1(b) TRUE COPY OF THE DEGREE CERTIFICATE DATED 14.11.2017 ISSUED BY BHARATHIAR UNIVERSITY TO THE 2ND APPLICANT FOR HAVING PASSED B.SC. OPTOMETRY.
ANNEXURE A1(c) TRUE COPY OF THE DEGREE CERTIFICATE DATED 14.11.2017 ISSUED BY BHARATHIAR UNIVERSITY TO THE 3RD APPLICANT FOR HAVING PASSED B.SC. OPTOMETRY.
ANNEXURE A2 TRUE COPY OF THE NOTIFICATION DATED 14.11.2018 (CATEGORY NO.217/2018) OF THE RESPONDENT.
ANNEXURE A3 TRUE COPY OF THE SHORTLIST PUBLISHED BY THE RESPONDENT DATED 18.03.2020.
ANNEXURE A4 TRUE COPY OF THE ADDENDUM NOTIFICATION DATED 10.06.2020 PUBLISHED BY THE RESPONDENT.
ANNEXURE A5 TRUE COPY OF THE COMMUNICATION DATED 22.12.2020 ISSUED BY THE RESPONDENT TO THE 1ST APPLICANT.
ANNEXURE A6(a) TRUE COPY OF THE COURSE COMPLETION CERTIFICATE DATED 09.05.2012 ISSUED BY THE MALABAR EYE HOSPITAL AND RESEARCH CENTRE, CALICUT TO THE 1ST APPLICANT. ANNEXURE A6(b) TRUE COPY OF THE TRANSFER CERTIFICATE DATED 09.05.2012 ISSUED BY THE MALABAR EYE HOSPITAL AND RESEARCH CENTRE, CALICUT TO THE 1ST APPLICANT.
OP(KAT)Nos. 77, 59,64 & 212 of 2022 30 ANNEXURE A7(a) TRUE COPY OF THE COURSE COMPLETION CERTIFICATE DATED 22.12.2020 ISSUED TO THE 2ND APPLICANT BY AL-SALAMA EYE RESEARCH FOUNDATION, PERINTHALMANNA. ANNEXURE A7(b) TRUE COPY OF THE TRANSFER CERTIFICATE DATED 08.06.2020 ISSUED TO THE 2ND APPLICANT BY AL-SALAMA EYE RESEARCH FOUNDATION, PERINTHALMANNA.
ANNEXURE A8(a) TRUE COPY OF THE COURSE COMPLETION CERTIFICATE DATED 10.07.2017 ISSUED TO THE 3RD APPLICANT BY RAYHAN COLLEGE AND HOSPITAL, EDAPPAL.
ANNEXURE A8(b) TRUE COPY OF THE TRANSFER CERTIFICATE DATED 16.11.2017 ISSUED TO THE 3RD APPLICANT BY RAYHAN COLLEGE AND HOSPITAL, EDAPPAL.
ANNEXURE A9(a) TRUE COPY OF THE COMMUNICATION DATED 05.01.2021 RECEIVED BY THE 1ST APPLICANT.
ANNEXURE A9(b) TRUE COPY OF THE COMMUNICATION DATED 05.01.2021 RECEIVED BY THE 2ND APPLICANT.
ANNEXURE A9(c) TRUE COPY OF THE COMMUNICATION DATED 05.01.2021 RECEIVED BY THE 3RD APPLICANT.
ANNEXURE A10(a) TRUE COPY OF THE REPRESENTATION DATED 20.01.2021 WITH POSTAL RECEIPT RECEIVED BY THE 1ST APPLICANT.
ANNEXURE A10(b) TRUE COPY OF THE REPRESENTATION DATED 20.01.2021 WITH POSTAL RECEIPT RECEIVED BY THE 2ND APPLICANT.
ANNEXURE A10(c) TRUE COPY OF THE REPRESENTATION DATED 20.01.2021 WITH POSTAL RECEIPT RECEIVED BY THE 3RD APPLICANT.
Exhibit P2 TRUE COPY OF THE REPLY STATEMENT FILED ON COMMISSION DATED 17.03.2021.
Exhibit P3 TRUE COPY OF THE REJOINDER TO THE REPLY OP(KAT)Nos. 77, 59,64 & 212 of 2022 31 STATEMENT FILED BY THE RESPONDENT ALONG WITH ANNEXURES.
ANNEXURE A11(a) TRUE COPY OF THE RTI APPLICATION DATED 07.04.2021 OF MR. SALEEL K. ANNEXURE A11(b) TRUE COPY OF THE REPLY DATED 27.04.2021 TO ANNEXURE A11(A) RTI APPLICATION. ANNEXURE A12 TRUE COPY OF THE COMMUNICATION DATED 28.04.2021 ADDRESSED TO ONE ABDUL LATHEEF (ANNEXURES A11(A) TO A12 ARE PRODUCED ALONG WITH THE REJOINDER DATED 10.06.2011).
Exhibit P4 TRUE COPY OF THE REJOINDER FILED BY THE APPLICANT ALONG WITH ANNEXURES.
ANNEXURE A13(a) TRUE COPY OF THE ADDENDUM NOTIFICATION DATED 10.06.2021 IN RESPECT OF THE RANK LIST.
ANNEXURE A13(b) TRUE COPY OF THE ADDENDUM NOTIFICATION DATED 10.06.2021 IN RESPECT OF THE PROBABILITY LIST.
ANNEXURE A14 TRUE COPY OF THE ORDER NO.EF4/106605/17/DHS DATED 09.08.2021 (ANNEXURES A13(A) TO A14 ARE PRODUCED ALONG WITH THE REJOINDER DATED 13.08.2021).
Exhibit P5 TRUE COPY OF THE MISCELLANEOUS APPLICATION DATED 10.09.2021 TO RECEIVE THE ADDITIONAL DOCUMENTS.
ANNEXURE A15(a) TRUE COPY OF THE CERTIFICATE ISSUED BY THE DEAN OF CENTRE FOR PARTICIPATORY PROGRAMME OF BHARATHIAR UNIVERSITY TO THE 1ST APPLICANT.
ANNEXURE A15(b) TRUE COPY OF THE CERTIFICATE ISSUED BY THE DEAN OF CENTRE FOR PARTICIPATORY PROGRAMME OF BHARATHIAR UNIVERSITY TO THE 2ND APPLICANT DATED 02.03.2021. ANNEXURE A15(c) TRUE COPY OF THE CERTIFICATE ISSUED BY THE DEAN OF CENTRE FOR PARTICIPATORY OP(KAT)Nos. 77, 59,64 & 212 of 2022 32 PROGRAMME OF BHARATHIAR UNIVERSITY TO THE 3RD APPLICANT DATED 01.03.2021. ANNEXURE A16 TRUE COPY OF THE RELEVANT PAGES OF THE LIST OF RECOGNIZED UNIVERSITIES PUBLISHED BY UGC (PAGES 1 AND 7).
ANNEXURE A17 TRUE COPY OF THE GOVERNMENT ORDER GO(MS) NO.264/2018/H.EDN. DATED 01.11.2018 (ANNEXURES A15(A) TO A17 ARE PRODUCED ALONG WITH M.A.(EKM) 1399/2021.
Exhibit P6 TRUE COPY OF THE TRIBUNAL ORDER DATED 02.12.2021 IN O.A.(EKM) NO.206/2021.