Dr. Asha R Nair @ Dr Ashna R Nair vs State Of Kerala on 24 June, 2025

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Kerala High Court

Dr. Asha R Nair @ Dr Ashna R Nair vs State Of Kerala on 24 June, 2025

The petitioner is an applicant for the post of Medical Officer (Ayurveda) in the Department of Indian System of Medicine under the State Government. She is a differently abled person, categorized as having mental illness, specifically chronic bipolar mood disorder. A disability certificate has been issued, classifying her disability at 50%. She claims entitlement to the post of Medical Officer under the quota for persons with disabilities. It has come to light that the Government had not identified the said post for reservation under the disability category and therefore, the Tribunal refused to interfere with the matter.

2. The learned counsel for the petitioner, relying on Section 34 of the Rights of Persons with Disabilities Act, 2016, argued that reservation is mandatory and hence, the Kerala Public Service Commission cannot advise appointment from the rank list in OP(KAT) No.195 of 2025 4 2025:KER:45426 violation of the statutory provision.

3. However, we are unable to accept this argument. We are of the view that in order to claim reservation, prior identification of the post for such reservation is mandatory. In the absence of such identification, the petitioner cannot assert a claim for reservation as a matter of right. If any remedy is available, it is open to the petitioner to move the Government to undertake the exercise for identifying the post for reservation.

With the above observations, this Original petition is dismissed.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sd/- JOHNSON JOHN, JUDGE.




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 OP(KAT) No.195 of 2025              5




                                                     2025:KER:45426


                     APPENDIX OF OP(KAT) 195/2025

PETITIONER ANNEXURES        :

Annexure-A1              A TRUE COPY OF THE NOTIFICATION FOR THE
                         POST   OF  MEDICAL   OFFICER    (AYURVEDA),

CATEGORY 125/2023 DATED 15.7.23. Annexure-A2 A TRUE COPY OF THE RELEVANT PAGE OF THE ADMISSION TICKET ISSUED BY THE KPSC REGISTER NUMBER S1001386.

Annexure-A3 A TRUE COPY OF THE GO(P)NO. 7/2022/SJD DATED 28.10.22 WITH THE RELEVANT PAGES OF SUITABILITY LIST WITH NONINCLUSION OF MENTALLY ILL CATEGORY.

Annexure-A4 A TRUE COPY OF THE PROVISIONAL RANK LIST NO.03/2024/ROE DATED 17.7.24.

Annexure-A5 A TRUE COPY OF THE AYURVEDA DEGREE CERTIFICATE DATED 18.6.2012 ISSUED BY THE UNIVERSITY OF CALICUT.

Annexure-A6 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION WITH TRAVANCORE-COCHIN COUNCIL OF INDIAN SYSTEM OF MEDICINE ISSUED BY ITS REGISTRAR ON 05.04.17 ( REGISTER NO 12551).

Annexure-A7 A TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY PANKAJAKASTURI AYURVEDA MEDICAL COLLEGE BY ITS EXECUTIVE DIRECTOR NO.PAMC/ADM/118/14 DATED 08.12.14. Annexure-A8 A TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY VELAYUDAN VAIDYAN MEMORIAL VAIDYASALA BY ITS CHIEF MEDICAL OFFICER DATED 04/10/2016.

Annexure-A9 A TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY GOVT. AYURVEDA HOSPITAL, AYOOR, DATED 11.04.19 BY ITS CHIEF MEDICAL OFFICER.

Annexure-A10 A TRUE COPY OF THE CERTIFICATE OF DISABILITY ISSUED BY THE MEDICAL BOARD, GENERAL HOSPITAL, THIRUVANATHAPURAM NO.C2-7058/2018/GHT DATED 13.7.08. Annexure-A11 A TRUE COPY OF ONE AND SAME CERTIFICATE ISSUED BY THE SUPERINTENDENT DISTRICT HOSPITAL MAVELIKKARA DATED 7/8/2024.

OP(KAT) No.195 of 2025 6

2025:KER:45426 Annexure-A12 A TRUE COPY OF THE FUNCTIONALITY CERTIFICATE ISSUED ON 18.6.24 BY THE DISTRICT HOSPITAL, MAVELIKKARA. Annexure-A13 A TRUE COPY OF THE RELEVANT PAGES OF FINAL RANKED LIST NUMBER 9/2025/SS VLL CAT NO 125/2023 PUBLISHED W.E.F 4.01.2025.

Annexure -A14 A TRUE COPY OF THE ORDER DATED 11.12.2024 BY THE HON'BLE TRIBUNAL IN OA NO. 1462 OF 2024.

Annexure-A15 A TRUE COPY OF THE RELEVANT PAGES OF THE EXPERT COMMITTEE MINUTES DATED 16/3/2023.

Annexure-A16             A TRUE COPY OF THE RELEVANT PAGES OF THE
                         GAZETTE      NOTIFICATION        MCI     34/
                         (41)/2019/MED/112862     DATED    14.05.2019

ISSUED BY BHARATIYA AYURVIGYAN PARISHAD WITH ENGLISH TRANSLATION.

Annexure-A17             A TRUE COPY OF THE RELEVANT PAGES OF THE
                         OFFICIAL      MEMORANDOM      NO.     ADMIN-
                         1/DR/PWD/2021 DATED 18.3.2023.
Annexure-A18             A TRUE COPY OF THE JUDGMENT IN WP(C)
                         NO.5011 OF 2025 DATED 17/2/2025.
Annexure-A19             A TRUE COPY OF THE NOTIFICATION NO.A2-

260-2024/AYUSH DATED 20.3.2025. Exhibit-P1 A TRUE COPY OF THE OA NO. 407/2025 ALONG WITH ANNEXURES A1 TO A18 FILED BEFORE KAT.

Exhibit-P2 A TRUE COPY OF THE MA NO.583/2025 ALONG WITH ANNEXURE A19 PRODUCED BEFORE THE HON'BLE KAT.

Exhibit-P3 A TRUE COPY OF THE ORDER BY THE KAT IN OA 407/2025 DATED 27.03.2025.

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