The main legal point established in the judgment is that the selection process based solely on the performance at the qualifying M.B.B.S. Examination is not permissible and is violative of the principles of natural justice and the equality clause in Article 14 of the Constitution of India.

Kamat, J.

Dr. J. Mohan of ENT Department, Medical College, Trivandrum, filed O.P. No. 1943 011992 for relief quashing (Ext. P3 - rank list) issued by the Kerala Public Service Commission (respondent No.l) and a direction to adopt interview performance as the criterion leading to a direction to issue advice in his favour as rank No.l. As a consequence he also prayed for quashing of ranking Dr. K. Ramachandran (respondent No.3) as No.l In an illegal manner. This was in relation to the post of Assistant Professor in ENT Department by special recruitment as per Rule 17-A of the Kerala Stale and Subordinate Services Rules. Dr. Mohan and Dr. Ramachandran were the only two candidates before the Commission for selection.

2. By the impugned judgment dated March 26,1992, the learned single judge quashed the rank-list selecting Dr. Ramachandran and directed Public Service Commission to make selection according to law and in the light of the judgment. The Kerala Public Service Commission has preferred W.A. No. 605 of 1992 to justify selection of Dr. Ramachandran wholly. Dr. Mohan has preferred W.A.No. 585 of 1992 contending that performance at oral interview alone and not any other performance would be

permissible for consideration, alternatively also contending that on average of M.B.B.S. marks and interview marks if combined for average would entitle him to selection. Dr. Ramachandran by preferring W.A. No. 800 of 1992 has a grievance regarding direction to the Public Service Commission to make selection afresh. Therefore, these three appeals arise out of one impugned judgment.

3. Dr. S. Harikrishnan filed O.P. No. 8351 of 1992 against Rank-list (Ext. P10 page 34) prepared by the Kerala Public Service Commission (respondent No. 1) for the posts of Tutor/Lecturer in Ophthalmology in the Medical Education Department, wherein he has been shown at Serial No. 12 instead of being at serial No. 1, obviously bye-passing the method of;- election to be based on written test and interview, by taking into account the marks (percentage) in the qualifying examination, M.B.B.S. illegally. In view of Writ Appeals, this O.P. is referred to be heard along with them by the referring judgment dated 27-1-1993.

4. The common feature is that in both the proceedings marks (percentage performance) in the qualifying examination - M.B.B.S. have been taken into consideration as the basis of selection to the extent of totally ignoring performance in the subsequent selection process. The common contention is that this is not permissible on facts, in law and is also violative of the principles of natural justice.

5. Relevant facts and pleadings in both these proceedings would be as hereunder:

a) Dr. Mohan and Dr. Ramachandran, both Tutors of ENT Department applied for the post of Assistant Professor in reply to Notification dated 15-2-1991- Special Recruitment - S.C. and S.T. under rule 17-A of K.S.S. Rules. Requirement was MS (ENT) as specified in the Notification (Ext. PI to O.P.). Both were interviewed on 15-1-1992. Their documents were verified. The Rank-list was published on 29-1-1992 showing Dr. Ramachandran holding rank No.l and Dr. Mohan as rank No.2. There being only two candidates for the post, written test was not held.

At the interview, Dr. Mohan secured 15 out of 20 marks whereas Dr. Ramachandran secured 12 out of 20 marks. Marks at the M.B.B.S. Examination (qualifying examination as M.S. Degree has no marking system) where Dr. Mohan secured 56% whereas Dr. Ramachandran secured 62% were considered and consequently the ranking was made out.

The Commission contended that performance at M.B B.S. is not unrelated to the selection process.

B) Dr. Harikrishnan along with others applied for the post of Tutor in Opthalmology in reply to Notification dt.17-7-1990 of Kerala Public Service Commission. The petition gives details of his qualifications and service experience' undisputedly. He appeared for written test on 18-4-1991 and interview on 28-4-92. In the r