The Administrative Tribunal holds jurisdiction over applications from aspirants qualified for recruitment, as recruitment extends beyond current government employees, permitting challenges to qualification criteria even before the recruitment process begins.

Headnote:(A) Administrative Tribunals Act, 1985 - Sections 15 and 19 - Jurisdiction of Administrative Tribunal - Dismissal of Original Application for lack of jurisdiction due to applicants not being in government service - Court held that the Tribunal has jurisdiction to entertain applications from aspirants qualified for recruitment, as recruitment is not limited to in-service candidates. (Paras 8, 10, 19)

(B) Jurisdiction and maintainability - The court ruled that qualifications and methods of appointment can be challenged before the recruiting process starts if deemed unworkable or illegal, allowing aspirants to approach the Tribunal for redress. (Paras 19, 20)

Facts of the case:
Applicants challenged a Tribunal's order dismissing their application regarding qualifications for the post of Lab Assistant (Dialysis) under the Medical Education Service, arguing the experience criteria were unworkable due to limited sanctioned posts.

Findings of Court:
The court declared that the Original Application was maintainable, thereby setting aside the Tribunal's order.

Issues: Whether the Tribunal had jurisdiction to hear an application from aspirants not currently under government service regarding the qualifications for a civil service post.

Ratio Decidendi: The court determined that potential applicants can contest qualification criteria, framing it as a matter concerning recruitment under Section 15(1)(a) of the Act.

Result: Original Application upheld, Tribunal's dismissal set aside.

JUDGMENT

Murali Purushothaman, J.

The Original Petition (KAT) is filed challenging the order dated 18.11.2022 in O.A No.1945 of 2022 of the Kerala Administrative Tribunal, Thiruvananthapuram whereby the Tribunal dismissed the Original Application as not maintainable holding that it does not have jurisdiction over the subject matter of the Original Application.

2. The petitioners were the applicants in the Original Application. They were aspirants for the post of 'Lab Assistant (Dialysis)' coming under the Medical Education Service of the State.

3.The qualification and method of appointment to the post of Lab Assistant (Dialysis) was fixed as per G.O(Ms) No.249/1982/H&FWD dated 25.10.1982. By Annexure-A1 Government Order dated 06.12.2021, the Government amended the qualification and method of appointment to the said post. The qualification prescribed as per Annexure-A1 is, (i) Diploma in Dialysis Technology/Post Graduate Diploma in Dialysis Technology from a recognised Medical College/ Institution approved by the Government of Kerala/Kerala Paramedical Council or Bachelor Degree in Dialysis Technology from a recognized University. The experience criteria prescribed in Annexure-A1 provides for 'a working experience of not less than two years in the dialysis Department of Medical College for Diploma in Dialysis Technology/Post Graduate Diploma in Dialysis Technology holders'.

4. The petitioners state that they possess the qualification prescribed in Annexure-A1. However, regarding the requirement of work experience from Medical Colleges, they state that there are only 27 sanctioned posts across nine Medical Colleges in Kerala, while more than 1,500 students have completed courses in Dialysis Technology and it is therefore impossible for all these students to get work experience from Medical Colleges, making the requirement unworkable and illegal in light of the legal principle Lex non cogit ad impossibilia (the law does not compel the doing of impossibilities). The petitioners state that they have work experience from other approved institutions, which is equivalent to the work experience from Medical Colleges in all respects. Accordingly, the petitioners submitted Annexure-A3 representation before the Secretary to Government, Health and Family Welfare Department, the 2^nd respondent highlighting the aforementioned grievance. Since no action was taken thereon, the petitioners approached this Court by filing a Writ Petition under Article 226 of the Constitution of India for direction to quash the experience criteria prescribed in Annexure-A1 Government Order and for direction to the 2^nd respondent to pass fresh order fixing new experience criteria. A prayer was also sought to direct the 2^nd respondent to consider and pass orders on Annexure-A3 representation within a time frame.

5. The Registry of this Court noted a defect asking the petitioners 'to verify whether the matter relates to Kerala Administrative Tribunal'. The learned counsel for the petitioners answered that the writ petition is maintainable before this Court. Being not satisfied with the reply, the matter was posted before the Bench and the learned Single Judge by Annexure- A4 order dated 27.09.2022 upheld the defect noted by the Registry and the writ petition was returned to be filed before the appropriate forum. Accordingly, the petitioners filed the aforesaid Original Application before the Tribunal seeking the following reliefs:-

“ii) to call for the original records leading to Annexure A1/G.O.(MS) No.235/2021 H&FWD dated 06.12.2021 and quash the same.

ii) To pass appropriate order directing the 2^nd respondent to consider and pass service and order on Anexure A3 representation after affording an opportunity of being heard to the applicants advice the applicants.”

6. The Tribunal, by Ext. P2 order dated 18.11.2022, dismissed the Original Application. The order of the Tribunal reads as follows:- “The applicants are seeking amendment of the qualifications to the

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2024 Supreme(Online)(Ker) 86709

The Administrative Tribunal holds jurisdiction over applications from aspirants qualified for recruitment, as recruitment extends beyond current government employees, permitting challenges to qualification criteria even before the recruitment process begins.

Cases Referred (3)