Kerala High Court
B.R. Biju vs Kerala Public Service Commission on 26 March, 2019
Bench: K.Vinod Chandran, V.G.Arun
WP(C).No. 7590 of 2007 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 26TH DAY OF MARCH 2019 / 5TH CHAITHRA, 1941
WP(C).No. 7590 of 2007
PETITIONER:
B.R. BIJU, S/O.N.RAMACHANDRA PILLAI,
ANANDA BHAVAN, NEAR BLOCK OFFICE, ANCHAL, KOLLAM
DISTRICT.
BY ADVS.
SRI.R.BINDU (SASTHAMANGALAM)
SRI.PRASANTH M.P
RESPONDENTS:
1 KERALA PUBLIC SERVICE COMMISSION,
HEAD OFFICE, PATTOM, THIRUVANANTHAPURAM,REPRESENTED
BY ITS SECRETARY.
2 STATE OF KERALA, REPRESENTED BY THE
SECRETARY TO GOVERNMENT, GENERAL EDUCATION
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM.
BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC
SR.G.P SRI A.J VARGHESE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Vinod Chandran, J.
The petitioner in the above Writ Petition challenge the rejection of application for the post of Organizer for Sports (in schools) in the Education Department. The qualification prescribed was a Bachelor in Physical Education and a minimum of ten years experience as a Physical Education Teacher preferably in a High School (Government or aided).
The petitioner has a degree in Physical Education and has also experience of about 14 years. But, however he does not have 10 years experience after acquisition of the graduate qualification.
2. We have heard the learned counsel for the petitioner and the learned Standing Counsel for the Kerala Public Service Commission.
3. The learned Standing Counsel specifically refers to Part II Rule 10 (ab) KS & SSR which speaks of the prescription of qualification of experience to be specifically, one gained after acquiring the basic qualification prescribed for the post. In such circumstances, the petitioner's prayer WP(C).No. 7590 of 2007 3 cannot be sustained. The Writ Petition would stand dismissed. No costs.
Sd/-
K.VINOD CHANDRAN, JUDGE Sd/-
V.G.ARUN, JUDGE cms WP(C).No. 7590 of 2007 4 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.JAWAHAR LAL GUPTA & THE HONOURABLE MR.JUSTICE CYRIAC JOSEPH THURSDAY ,THE 14TH DAY OF NOVEMBER 2002 / WA.No. 1892 of 2002 AGAINST THE ORDER/JUDGMENT IN OP 5658/1999 of HIGH COURT OF KERALA DATED 17-06-2002 APPELLANT/S:
M.O.VARGHESE CHENGANNUR.
BY ADVS.
SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH RESPONDENT/S:
1 STATE OF KERALA CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM.
2 THE DISTRICT EXECUTIVE OFFICER KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD,, ALAPUZHA.
BY ADVS.
WP(C).No. 7590 of 2007 5GOVERNMENT PLEADER SMT.I.SHEELADEVI SCKMTWF BOARD SRI.V.V.SURENDRAN THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 14.11.2002, ALONG WITH WP(C).7590/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR.JUSTICE K.T.SANKARAN TUESDAY ,THE 15TH DAY OF JANUARY 2008 / WP(C).No. 1017 of 2006 PETITIONER/S:
DR.S.JAYASREE DEPARTMENT OF CONSERVATIVE DENTISTRY,, DENTAL COLLEGE, KOZHIKODE.
BY ADV. SRI.T.G.RAJENDRAN RESPONDENT/S:
1 STATE OF KERALA SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT,, SECRETARIAT, THIRUVANANTHAPURAM.
2 THE DIRECTOR OF MEDICAL EDUCATION THIRUVANANTHAPURAM.
3 THE PRINCIPAL DENTAL COLLEGE WP(C).No. 7590 of 2007 6 KOZHIKODE.
4 THE DEPARTMENTAL PROMOTION COMMITTEE (HIGHER), HEALTH AND FAMILY WELFARE, DEPARTMENT, THIRUVANANTHAPURAM.
BY ADVS.
GOVERNMENT PLEADER SRI.T.C.SURESH MENON THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.01.2008, ALONG WITH WP(C).7590/2007, WA.1835/2007, WP(C).16769/2006, WP(C).15276/2006, WP(C).35512/2005, WP(C).33468/2005, WP(C).33463/2005, WP(C).31184/2005, WP(C).29748/2005, WP(C).5510/2004, WA.1893/2002, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE P.R.RAMAN & THE HONOURABLE MR.JUSTICE V.K.MOHANAN MONDAY ,THE 17TH DAY OF SEPTEMBER 2007 / WP(C).No. 5510 of 2004 PETITIONER/S:
DR.GEORGE PHILIP ORAL AND MAXILLOFACIAL SURGERY, GOVERNMENT DENTAL, COLLEGE, KOTTAYAM.
BY ADV. SRI.K.T.SHYAMKUMAR WP(C).No. 7590 of 2007 7 RESPONDENT/S:
1 STATE OF KERALA SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT,, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
2 THE DIRECTOR OF MEDICAL EDUCATION DIRECTORATE OF MEDICAL EDUCATION,, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM 3 DRMANOJ JOSEPH MICHAEL LECTURER ORAL AND MAXILLOFACIAL SURGERY, GOVERNMENT DENTAL, COLLEGE, KOZHIKODE BY ADVS.
SMT.M.U.VIJAYALAKSHMI SRI.K.JAJU BABU (SR.) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.09.2007, ALONG WITH WP(C).7590/2007, WA.1835/2007, WP(C).16769/2006, WP(C).15276/2006, WP(C).1017/2006, WP(C).35512/2005, WP(C).33468/2005, WP(C).33463/2005, WP(C).31184/2005, WP(C).29748/2005, WA.1893/2002, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.S.RADHAKRISHNAN & THE HONOURABLE MR.JUSTICE V.K.MOHANAN MONDAY ,THE 17TH DAY OF SEPTEMBER 2007 / WP(C).No. 31184 of 2005 PETITIONER/S:
DR.A.RABI DEPARTMENT OF ORAL AND MAXILLOFACIAL SURGERY,, WP(C).No. 7590 of 2007 8 GOVERNMENT, DENTAL COLLEGE, THIRUVANANTHAPURAM.
BY ADVS.
SRI.JIBU P THOMAS SRI.T.C.SURESH MENON RESPONDENT/S:
1 STATE OF KERALA SECRETARY TO HEALTH AND FAMILY WELFARE (B), DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.
2 THE DIRECTOR OF MEDICAL EDUCATION DIRECTORATE OF MEDICAL EDUCATION, MEDICAL, COLLEGE, THIRUVANANTHAPURAM.
3 THE DEPARTMENTAL PROMOTION COMMITTEE (HIGHER) OFFICE OF THE KERALA PUBLIC SERVICE, COMMISSION, PATTOM, THIRUVANANTHAPURAM.
4 DR.P.SURESH BABU SENIOR LECTURER DEPARTMENT OF ORAL AND MAXILLOFACIAL SURGERY,, GOVERNMENT DENTAL COLLEGE, KOTTAYAM.
BY ADVS.
GOVERNMENT PLEADER SRI.K.B.PRADEEP SRI.MURALI PURUSHOTHAMAN SRI.O.V.RADHAKRISHNAN (SR.) SRI.P.M.BENZIR SRI.V.A.MUHAMMED SRI.V.K.RADHAKRISHNAN NAIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.09.2007, ALONG WITH WP(C).7590/2007, WA.1835/2007, WP(C).16769/2006, WP(C).15276/2006, WP(C).1017/2006, WP(C).35512/2005, WP(C).33468/2005, WP(C).33463/2005, WP(C).29748/2005, WP(C).5510/2004, WA.1893/2002, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT WP(C).No. 7590 of 2007 9 THE HONOURABLE MR.JUSTICE S.SIRI JAGAN SATURDAY ,THE 01ST DAY OF DECEMBER 2007 / WP(C).No. 33324 of 2004 PETITIONER/S:
C.R.SOBHANA AGED 43 YEARS, ASSISTANT PROFESSOR, DEPARTMENT OF ORAL AND MAXILLOFACIAL SURGERY, DENTAL COLLEGE, THIRUVANANTHAPURAM, (RESIDING AT AISWARYA, HOUSE NO.9/15767(2), CHAKKALAMUKKU, SREEKARYAM).
BY ADV. SRI.V.A.MUHAMMED RESPONDENT/S:
1 STATE OF KERALA THE SECRETARY TO GOVERNMENT, DEPARTMENT OF, HEALTH & FAMILY WELFARE, SECRETARIAT,, TRIVANDRUM.
2 THE DIRCTOR OF MEDICAL EDUCATION TRIVANDRUM.
3 DR. C.B. SOUMITHRAN PROFESSOR AND HEAD, DEPARTMENT OF ORAL AND MAXILLORACIAL, SURGERY, DENTAL COLLEGE, THIRUVANANTHAPURAM.
BY ADV. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.12.2007, ALONG WITH Con.Case(C).1204/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.S.RADHAKRISHNAN WP(C).No. 7590 of 2007 10 & THE HONOURABLE MR.JUSTICE V.K.MOHANAN MONDAY ,THE 17TH DAY OF SEPTEMBER 2007 / WP(C).No. 33468 of 2005 PETITIONER/S:
DR.SURESH BABU DEPARTMENT OF ORAL AND MAXILLOFACIAL SURGERY,, GOVERNMENT DENTAL COLLEGE, KOTTAYAM,, RESIDING AT `TEJUS', TC 59/1555, KALIPPANKULAM, ROAD, MANACAUD JUNCTION, THIRUVANANTHAPURAM-, 695 009.
BY ADVS.
SRI.MURALI PURUSHOTHAMAN SRI.DEEPU LAL MOHAN SRI.O.V.RADHAKRISHNAN (SR.) SRI.P.M.BENZIR RESPONDENT/S:
1 STATE OF KERALA THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY, WELFARE (B) DEPARTMENT, GOVERNMENT SECRETARIAT,, THIRUVANANTHAPURAM.
2 THE DIRECTOR OF MEDICAL EDUCATION DIRECTORATE OF MEDICAL EDUCATION,, MEDICAL COLLEGE, THIRUVANANTHAPURAM.
3 DEPARTMENTAL PROMOTION COMMITTEE (HIGHER), O/O. KERALA PUBLIC SERVICE COMMISSION,, PATTOM, THIRUVANANTHAPURAM.
4 DR.A.RABI SENIOR LECTURER DEPARTMENT OF ORAL AND MAXILLOFACIAL SURGERY,, GOVERNMENT DENTAL COLLEGE, THIRUVANANTHAPURAM.
BY ADVS.
SMT.M.R.VALSA SRIK.B.PRADEEP SRI.LEJU T.BALAN SRI.T.C.SURESH MENON SRI.V.K.RADHAKRISHNAN NAIR WP(C).No. 7590 of 2007 11 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.09.2007, ALONG WITH WP(C).31184/2005, WP(C).19029/2005, WP(C).5510/2004, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT [ WP(C) 7590/2007 ,WA.1892/2002 ,WP(C).1017/2006 ,WP(C).5510/2004 ,WP(C).31184/2005 ,WP(C).33324/2004 ,WP(C).33468/2005 ] Sd/-
K.VINOD CHANDRAN JUDGE Sd/-
V.G.ARUN JUDGE