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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Basant Balaji, J.
Geethu – Petitioner
Versus
Secretary, Kerala Public Service Commission – Respondent
W.P. (C) No. 43778 of 2023
Decided On : 09-01-2024
(A) Constitution of India - Article 226 - Writ Petition seeking extension of time for applying for the post of Medical Officer Panchakarma - Petitioners are final-year MD students whose exams are delayed - Court held that cut-off dates for applications must be strictly adhered to, and extensions cannot be granted, as it would lead to an unending process. (Paras 1-6)
(B) Precedent - The court distinguished the current case from OP (KAT) No. 507 of 2023, emphasizing that the facts are entirely different and the previous judgment cannot be applied as a precedent. (Paras 3-3)
Facts of the case:
Petitioners are final-year MD students whose exams are delayed, seeking an extension for applying for a post due to the timing of their results.
Findings of Court:
The court found that the cut-off date for applications must be strictly followed and cannot be extended.
Issues: The main issue was whether the court could extend the application deadline set by the 1st respondent.
Ratio Decidendi: The court ruled that adherence to cut-off dates is essential to avoid an unending process and that the facts of the current case do not support the application of previous judgments as precedent.
Result: Writ Petition dismissed.
JUDGMENT :
Basant Balaji, J.
1. Petitioners’ are the final-year MD students in Ayurvedha colleges in Kerala. Normally, the final exams are conducted in November, and results will be published in December every year. But this year, the exams are scheduled to be conducted in February. In the meanwhile, a notification to the post Medical Officer has been announced by the 1st respondent, and the applications must reach on or before 31.01.2024. The results of the petitioners’ final exam will be published only during April 2024. Therefore, representations were submitted before the 1st respondent to extend the period for filing the application upto April 30th 2024.
2. It is also submitted that the Medical Officers test was conducted in 2010 and in 2017, and thereafter it is coming after the lapse of five years. Therefore, if the petitioners are not given an opportunity to submit their application, they will loose a chance and will have to wait for years for the next notification. Therefore, the petitioners seek the following reliefs:
2. Dispense with filing of the translation of vernacular documents.
3. To gent such other reliefs as this Honourable Court my deem just and fit in the circumstances of the case.”
3. The Counsel for the petitioners relies on a judgment of this Court in OP (KAT) No. 507 of 2023, wherein two young lady doctors who were undergoing Post-Graduation availed of maternity leave for six months and during the said period there was a notification for the post of Assistant Professor invited by the PSC. Taking into consideration, the various judgments of the Apex Court in respect of right to equality on the basis of gender, this Court allowed the Original Petition by making the interim order absolute. The facts of that case is entirely different, as in that case, the petitioners, who are lady doctors, were under maternity leave, and the Division Bench of this Court held that bearing a child and taking leave during the maternity period would not dis-entitled them from applying for the post, as the same would cause gender discrimination. The facts of this case as well as the facts stated in OP (KAT) No. 507 of 2023 are entirely different, and the same cannot be accepted as precedent for this case.
4. The petitioner has produced the notification as Ext.P12. A perusal of the same would show that the last date for submitting the application is 31.1.2024.
5. When the 1st respondent has issued a notification prescribing a particular cut-off date for submitting the application, the same cannot be extended by this court, under any circumstances. The cut-off date has to be strictly followed, as otherwise it will be an unending process if time is extended by this Court for one reason or another. The cut-off date is also meant for acquiring the minimum qualifications as on that date. Therefore, the petitioners’ request for extension of time for submitting applications till 30.04.2024 by extending the last date for submitting the application by the 1st respondent cannot be granted by this Court under Article 226 of the Constitution of India.
6. Therefore, this Writ Petition cannot be entertained and it is dismissed.
The court ruled that application deadlines set by authorities must be strictly adhered to, and extensions cannot be granted to avoid procedural chaos.
The eligibility for selection in recruitment processes must be determined as of the last date for application, and extensions cannot be granted based on sympathy.
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The eligibility of candidates for selection must be assessed as of the specified cut-off date, and compliance with notification requirements is mandatory.
Courts should defer to the wisdom of administrators in academic institutions and regulatory authorities in matters concerning academic policies, including admission criteria, unless shown to be plain....
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