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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ALEXANDER THOMAS, VIJU ABRAHAM, JJ.
Kerala Public Service Commission – Petitioner
Versus
Ananthan A.V. S/o Vikraman Pillai G. – Respondent
O.P. (KAT) No. 22 of 2022
Decided On : 09-03-2022
Constitution of India, 1950 - Articles 226 and 227 - Rehabilitation Council of India Act, 1992 - Section 2(b), 2(k), 2(n) 11, 13, 13(2), 19, 20, 23(1) - Rehabilitation professionals - Rights of persons possessing qualifications included in Schedule to be enrolled - Recognition of qualifications granted by University, etc. in India for re-habilitation professionals - Original Petition has been filed under Articles 226 and 227 of Constitution of India to impugn Ext.P-5 final order rendered by Kerala Administrative Tribunal, in instant Original Application, O.A. - Sole petitioner in instant O.P. is 1st respondent (Kerala Public Service Commission) - 1st respondent in this O.P. is sole applicant in O.A. and respondents 2 and 3 in O.P. have been arrayed as respondents 2 and 3 in O.A. - Whether abovesaid decisions at Annexures, would have only prospective effect from date of its issuance or same would relate back, is a matter which will have to be decided on basis of text and tenor of respective orders - Whether applicant possesses all requisite prescribed qualification for abovesaid post, in terms of prescriptions in selection notification.
Finding of the Court:
Tribunal has adequately protected interest of PSC and other candidates, by specifically ordering that inclusion of applicant in ranked list as per Annexure A-12, shall not affect advices of candidates already made by petitioner - In other words, advices of candidates included in Annexure A-12 ranked list, made by PSC upto date of rendering of impugned Ext.P-5 final order of Tribunal, shall not be disturbed - So issue relating to consideration of advice of applicant, consequent to his inclusion in ranked list, will not in any manner, prejudicially affect candidates already advised by PSC - So, necessary safeguards have also been made by Tribunal - In light of abovesaid aspects, we do not find any grounds to reach a conclusion different from one rendered by Tribunal in facts and circumstances of this case - In view of delay in matter, it is ordered that petitioner will comply with directions of Tribunal at Ext.P-5, without any further delay, at any rate, within three weeks from date of receipt of a certified copy of this judgment.
Result: Original Petition dismissed.
JUDGMENT :
ALEXANDER THOMAS, J.
1. The aforecaptioned Original Petition has been filed under Articles 226 and 227 of the Constitution of India to impugn Ext.P-5 final order dated 17.11.2021 rendered by the Kerala Administrative Tribunal, Thiruvananthapuram Bench in the instant Original Application, O.A. No. 1968/2020. The sole petitioner in the instant O.P. is the 1st respondent (Kerala Public Service Commission). The 1st respondent in this O.P. is the sole applicant in the O.A. and respondents 2 and 3 in the O.P. have been arrayed as respondents 2 and 3 in the O.A.
2. Heard Sri. P.C. Sasidharan, learned Standing Counsel for the Kerala Public Service Commission appearing for the petitioner in the OP/R1 in the O.A. Sri. K.K. Sethukumar, learned counsel appearing for R1 in the OP/applicant in the O.A. Sri. B. Unnikrishna Kaimal, learned Senior Government Pleader appearing for R2 herein and Sri. P. Sreekumar, learned Standing Counsel for the Kerala University of Health Sciences appearing for R3 herein.
3. The 1st respondent herein will be referred as the original applicant/applicant, for convenience. The Kerala Public Service Commission will be referred as PSC, for convenience. The applicant has filed the instant Ext.P-1 original application, O.A. No. 1968/2020 before the Kerala Administrative Tribunal, Thiruvananthapuram Bench, with the following prayers:
(b) Issue an order or direction directing the 1st respondent to call and allow the applicant to the interview proposed to be held on 17.12.2020.
(c) To declare that the Master of Science (Speech and Hearing) of the University of Mysore, is equivalent to the Master of Audiology and Speech Language Pathology course conducted by the Kerala University of Health Sciences.
(d) To declare that the applicant is qualified for the post of Audiology and Speech Pathologist in the Department of Medical Education Service, who is having Master's Degree, Master of Science (Speech and Hearing) of the University of Mysore, which is equivalent to the Master's Degree, Master of Audiology and Speech Language Pathology course conducted by the Kerala University of Health Sciences, as prescribed in Annexure-A4 notification in the Department of Medical education Service.
(e) To grant such other reliefs which the applicant may seek from time to time and this Hon'ble Tribunal may deem fit to be granted to the circumstances.”
4. The order under challenge in the above O.A. was the impugned Annexure-A11 rejection order and the consequential decision taken by the PSC to reject the candidature of the applicant for the post of Audiologist and Speech Pathologist and the consequential decision to exclude him from the ranked list in question. The Tribunal, after hearing both sides, has rendered the impugned Ext.P-5 final verdict in the instant O.A. on 17.11.2021, wherein it has been held that the Kerala University of Health Sciences has taken a decision, as per Annexure-A5, to treat the applicant's Annexure-A1 M.Sc. degree in Speech and Hearing, awarded by the University of Mysore, as equivalent to the Masters Degree in Audiology and Speech Language Pathology awarded by the Kerala University of Health Sciences and that, consequently, the State Government has also issued Annexure-A13 G.O. (Rt.) No. 2050/2021/H&FWD dated 22.09.2021, ordering that the abovesaid M.Sc. degree of the applicant awarded by the Mysore University, be treated as equivalent to the abovesaid Masters Degree awarded by the Kerala University of Health Sciences (KUHS). The Tribunal further held that the abovesaid decision of the KUHS, as per Annexure-A5 dated 12.02.2020 rendered by the KUHS and Annexure-A13 G.O. dated 22.09.2021 issued by the State Government, is declaratory and clarificatory and would relate back to the time of acquisition of Annexure-A1 M.Sc. degree secured by the a
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