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2018 Supreme(Ker) 103
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.R.RAMACHANDRA MENON, DEVAN RAMACHANDRAN, JJ.
Dr. Aparna Dileep and Others – Petitioners
Versus
Kerala Public Service Commission, Pattom and Others – Respondents
O.P.(KAT) No.8 of 2018
Decided On : 08-01-2018
For the Petitioner: Sri. C. Rajendran, Sri. B.K. Gopalakrishnan, Advs.
For the Respondent: Sri. P.C. Sasidharan, SC, KPSC, Senior Government Pleader, Sri. P.N. Santhosh, Sri. P. Sreekumar, SC, Sri. Thomas Abraham, SC
Headnote:
The Uttar Pradesh Higher Education Services Commission Act, 1980- Section 13(4) -If the eligibility to apply based on the equivalent/higher qualification was not mentioned in the notification, consideration of such qualification by the PSC at a later stage can never be given effect to-The Rules of the game could not be changed after commencement of the game-It would be a case of unforeseen vacancies which could not be conceived under S.12(2). S.12(2) conceives of a vacancy which is existing on the date the vacancy is to be advertised and which is likely to be caused in future but constricted for a period ending in the ensuing academic year in question
Statement of facts:
Interference declined by the Kerala Administrative Tribunal with regard to the relief sought for to declare that completion of 'internship' is not a condition precedent for awarding permanent degree in BAMS and to permit the applicants to submit their applications for the post of Medical Officer (Ayurveda) pursuant to Annexure A3 notification, is the subject matter of challenge in this original petition.
Finding of the court:
The petitioners are still to be awarded the Degree and are yet to obtain 'A' class registration pursuant to successful completion of the course, which includes the internship as well, they can never be regarded as qualified candidates as on the last date for submitting the applications, as notified-Ext.P2 verdict passed by the Tribunal is perfectly within the four walls of law and is not assailable under any circumstances.
Result: Original Petition dismissed
Ramachandra Menon, J.
Interference declined by the Kerala Administrative Tribunal with regard to the relief sought for to declare that completion of 'internship' is not a condition precedent for awarding permanent degree in BAMS and to permit the applicants to submit their applications for the post of Medical Officer (Ayurveda) pursuant to Annexure A3 notification, is the subject matter of challenge in this original petition.
2. Heard Sri.C.Rajendran, the learned counsel appearing for the petitioners at length.
3. The petitioners sought to apply to the post of Medical Officer (Ayurveda) pursuant to Annexure A3 notification. Admittedly, as on the last date of notification, i.e., on 17.01.2018, they had not obtained the Degree to satisfy the requirement of 'A' class registration, but according to them, they had already completed the course and have been issued Ext.P1 provisional certificate by the University. The petitioners have also been given 'provisional registration' as borne by Annexure A2 issued by the Travancore-Cochin Medical Council and this being the position, it is contended that they come within the purview of Annexure A3 notification, for which completion of internship could never be insisted as a criterion/yardstick. Apprehending adverse orders/proceedings at the hands of the PSC, the applicants approached the Tribunal with the following prayers:
“(i). To call for the records leading to Ext.P2 and set aside the same and allow the OA.
(ii). To issue a direction to the first respondent to accept the applications of the petitioners for the post of Medical Officer (Ayurveda)/Assistant Insurance Medical Officer (Ayurveda) in the Department of the Indian System of Medicines.
(iii). To issue a direction to the first respondent to issue a fresh notification or addendum stating that candidates who have got provisional degree certificates in Ayurvedic issued by a recognised University and Provisional Registration Certificate issued by the Travancore Cochin Medical Council are also eligible for submitting their applications for the said post.
(iv). To declare that completion of internship is not a condition precedent for avoiding permanent degree in BAMS.
(v). to grant such other reliefs in the interest of justice.”
4. After hearing both the sides, the Tribunal held, as per Ext.P2 order, that the qualifications prescribed i.e., a Degree in Ayurveda awarded by a recognized University, as also 'A' class registration by the Travancore-Cochin Medical Council were satisfied by the applicants, but they had still to complete the 'internship' and only on completion of the internship, would they acquire the notified qualification. It was accordingly, that interference was declined holding that the applicants were not qualified and the O.A. came to be dismissed, which made the petitioners to approach this Court seeking immediate interference.
5. With regard to the eligibility of the petitioners, it is pointed out that the verdict passed by the Tribunal is not correct in view of Annexure A1 certificate. It is further stated that the completion of internship is not at all a must, to consider the qualification of the petitioners in view of the ruling rendered by a single Bench of this Court reported in Prasanth G.L. and others v. State of Kerala and others [2006 KHC 782] = [2006 (3) KLT 276]. Similarly, it is contended that Annexure A3 notification itself is defective, in so far as it has been issued in respect of 'anticipatory vacancies', which is not correct or sustainable in view of the law declared by the Apex Court in the decision reported in Kamlesh Kumar Sharma v. Yogesh Kumar Gupta and others [AIR 1998 SC 1021] = [1998 KHC 816]. The last submission made by the learned counsel for the petitioners is with regard to the vagueness in respect of the vacancies and if the notification is vague, it is liable to be interdicted and a fresh notification is necessary, in view of the ruling rendered by a single Bench of this Court in W.P.(C)
