Kerala High Court
Vijin.S.S vs Dr. Prem. P.V on 21 November, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
OP(KAT)NO.190 of 2021 1 2024:KER:87373
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
THURSDAY, THE 21ST DAY OF NOVEMBER 2024 / 30TH KARTHIKA, 1946
OP(KAT) NO. 190 OF 2021
AGAINST THE ORDER DATED IN OA NO.1695 OF 2020 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/2ND APPLICANT IN OA:
VIJIN.S.S., AGED 27 YEARS
S/O. SASIDHARAN,
RESIDING AT VIPIN NIVASM ADUMANKADU,
PARASUVAIKKAL PO, PARASSALA,
THIRUVANANTHAPURAM-695 008.
BY ADVS.
KALEESWARAM RAJ
APARNA NARAYAN MENON(K/385/2021)
CHINNU MARIA ANTONY(K/3363/2022)
THULASI K. RAJ(K/000814/2015)
RESPONDENTS/APPLICANTS 1,3,4 AND RESPONDENTS IN OA:
1 DR. PREM. P.V., AGED 29 YEARS
S/O. PARAMARTHA LINGAM,
RESIDING AT M.R.BHAVAN, TC 20/2537,
KARAMANA PO, THIRUVANANTHAPURAM,
KERALA-695 002.
2 DR.ATHULYA RAVEENDRAN, AGED 31 YEARS
D/O. RAVEENDRAN,
RESIDING AT VALIYATTIL HOUSE,
OP(KAT)NO.190 of 2021 2 2024:KER:87373
CHITTOOR, PUTHUPERIYARAM PO,
IDUKKI DISTRICT.
3 DR.MEERA JOHNSON, AGED 30 YEARS
D/O. JOHNSON PAUL,
RESIDING AT THRIPATHI NAGAR, 153,
SAKTHIKULANGARA PO,
KOLLAM (DIST) 691581 KERALA.
4 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695 001, KERALA.
5 DIRECTOR OF MEDICAL EDUCATION
DIRECTORATE OF MEDICAL EDUCATION,
MEDICAL COLLEGE PO, THIRUVANANTHAPURAM, KERALA.
6 KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY SECRETARY, PATTOM P.O.,
THIRUVANANTHAPURAM-695 004, KERALA.
BY SMT.NISHA BOSE, SR.GP
SRI.P.C.SASIDHARAN, SC
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY
HEARD ON 21.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(KAT)NO.190 of 2021 3 2024:KER:87373
A.MUHAMED MUSTAQUE & P.KRISHNA KUMAR, JJ
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OP(KAT)NO.190 of 2021
----------------------------
Dated this the 21st day of November, 2024
JUDGMENT
A.Muhamed Mustaque.J The petitioner belongs to Hindu Nadar community. He applied for the post of Assistant Professor in Forensic Medicine. A notification was issued prescribing qualification of Assistant Professor in Forensic Medicine. The prescribed qualifications are MD(Forensic Medicine)/DNB (Forensic Medicine) and a three years teaching experience as per the Medical Council of India (MCI), now the National Medical Commission. It is further stipulated that in the absence of candidates in the above qualification, candidates possessing MBBS Degree from a recognized University will be considered. The notification was issued on 24.9.2018. The last date was on 24.10.2018. Admittedly, the petitioner did not possess M.D. Degree. The petitioner acquired an MD Degree in the year 2022. The Kerala Public Service Commission (PSC) did not advise candidates who had possessed only an MBBS Degree. Obviously, taking note of the Medical Council of India Regulations (MCI OP(KAT)NO.190 of 2021 4 2024:KER:87373 Regulations) mandate, since there were no candidates, PSC issued a subsequent notification as per Ext.P8 prescribing the qualification only as MD(Forensic Medicine)/DNB (Forensic Medicine) with three years teaching experience, and there is no further rider to consider the candidates with MBBS Degree. Any way, as of now, the candidates, pursuant to Ext.P8 might have been appointed after a due selection process. Merely, because in the earlier notification the stipulation that the candidates with MBBS Degree will be considered does not create a right to such candidates who aspire for public appointment. The PSC's stand is that in the light of the MCI Regulations they cannot be advised any candidate contrary to the MCI Regulations. This stand of the PSC cannot be termed as arbitrary or illegal. Therefore, there is no scope for interference to the orders of the Tribunal.
The Original Petition is accordingly dismissed.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE Sd/-
P.KRISHNA KUMAR, JUDGE dlk/21.11.
OP(KAT)NO.190 of 2021 5 2024:KER:87373 APPENDIX OF OP(KAT) 190/2021 PETITIONER'S EXHIBITS & ANNEXURES EXHIBIT P1 THE TRUE COPY OF ORDER OF THE KERALA ADMINISTRATIVE TRIBUNAL IN OA NO.1695/2020 DATED 3.12.2020.
EXHIBIT P2 THE TRUE COPY OF THE ORIGINAL APPLICATION NO.1695/2020 ALONG WITH ANNEXURES A1 TO A9. ANNEXURE A1 TRUE COPY OF NCA NOTIFICATION (NCA-HINDU NADAR & VISWAKARMA) (CATEGORY NO.148/2018 DATED 24.9.2018).
ANNEXURE A2 TRUE COPY OF NOTIFICATION (NCA-ST) (CATEGORY NO.148/2018) DATED 24.9.2018.
ANNEXURE A3 TRUE COPY OF NCA NOTIFICATION (NCA-
LC/AI/SC/OBC, MUSLIM) (CATEGORY NO.142-145) DATED 24.9.2018.
ANNEXURE A4 THE TRUE COPY OF NOTIFICATION OF RANK LIST NO.613/19/OLE FOR CATEGORY NO.147/2018 DATED 3.12.2019.
ANNEXURE A5 TRUE COPY OF NOTIFICATION OF RANK LIST NO.612/19/OLE FR CATEGORY NO.146/2018 DATED 3.12.2019.
ANNEXURE A6 TRUE COPY OF NOTIFICATION OF RANK LIST NO.581/19/OLE FOR CATEGORY NO.148/2018 DATED 3.12.2019.
ANNEXURE A7 TRUE COY OF NOTIFICATION OF RANK LIST NO.125/2020/OLE FOR CATEGORY NO.142/2018 DATED 12.3.2020.
ANNEXURE A8 TRUE COPY OF GO(RT) NO.94/2020/H&FWD DATED 27.6.2020.
ANNEXURE A9 TRUE COPY OF REPRESENTATION SUBMITTED BY APPLICANTS TO THE HON'BLE CHIEF MINISTER DATED 15.7.2020.
OP(KAT)NO.190 of 2021 6 2024:KER:87373 EXHIBIT P3 TRUE COY OF NOTIFICATION DATED 11.6.2015 ISSUED BY THE 6TH RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE RANK LIST TO THE POST OF ASSISTANT PROFESSOR IN FORENSIC MEDICINE (CAT NO.156/2015) PUBLISHED ON 9.8.2017. EXHIBIT P5 THE TRUE COPY OF THE ORDER IN OA(EKM) 291/2018 & CONNECTED CASES DATED 8.11.2019 OF THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL.
EXHIBIT P6 TRUE COPY OF ORDER IN OA NO.1287/2020 DATED 24.5.2021 OF THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL.
EXHIBIT P7 TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRINCIPAL CUM CHEIF SUPERINTENDENT OF JORHAT MEDICAL COLLEGE & HOSPITAL, JORHAT, ASSAM DATED 28.6.2021.
EXHIBIT P8 TRUE COPY OF NOTIFICATION DATED 14.7.2021 ISSUED BY THE 6TH RESPONDENT.