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2025 Supreme(Online)(Ker) 33255
IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. Muhamed Mustaque, J
KERALA PUBLIC SERVICE COMMISSION – Appellant
Versus
DR. PRAVISH V. – Respondent
OP(KAT) Nos.454 and 460 of 2018 & 462 of 2019
For the Appellants/Petitioners:
For the Respondents:
The court ruled that registration with any Dental Council is sufficient, and challenges before the Tribunal were rendered infuctuous due to elapsed time and appointments.
Headnote:In the context of OP(KAT) Nos.454 and 460 of 2018 & 462 of 2019, the Kerala Public Service Commission contested the Tribunal's order mandating valid candidature acceptance based solely on state dental council registration. The applicants faced rejection for lacking necessary qualifications, namely, registration with the Kerala Dental Council. The Tribunal deemed that registration with any Dental Council sufficed, prompting the KPSC to appeal. Notably, the court refrained from granting relief, concluding that decisions from the Tribunal had become infuctuous due to the elapsed time and recent appointments. The final ruling resolved to dispose of the petitions affirming the infuctuous status of the applicants' challenges.
| Table of Content |
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| 1. candidature acceptance mandates only state dental council registration. (Para 2 , 3 , 4) |
| 2. challenges were rendered infuctuous due to time passage. (Para 5) |
A. Muhamed Mustaque, J.
Spoke.
2. The above cases are filed at the instance of the Kerala Public Service Commission challenging the respective orders of the Tribunal directing them to accept the candidature of the applicants as valid, observing that the registration with a State Dental Council alone is mandatory.
3. In O.P. (KAT) No. 454 of 2018, the applicant/1st respondent has applied for the post of Dental Mechanic Grade-II in the Health Department. She possesses a Dental Mechanic certificate from Vinayaka Mission’s Sankaracharya Dental College, Salem, Tamil Nadu. The last date for submitting application was 14.12.2016 and at that time, she did not possess registration with Kerala Dental Council. She got registration with Kerala Dental Council only on 09.11.2017. In other two cases, the applicants/1st respondent are having registration with the Karnataka State Dental Council.
4. The qualifications prescribed by the statute include registration with the State Dental Council. The Kerala Public Service Commission rejected their applications stating that they did not possess necessary qualifications. The Tribunal allowed the Original Applications holding that registration with any Dental Council is sufÏcient. Challenging the said orders, KPSC has approached this Court.
5. The matter was admitted and interim stay was also granted in all the cases. In respect of all reported vacancies, appointments were made by the KPSC. None of them were arrayed as parties in these cases. Further, we also find merit in the argument of KPSC.
We leave the question of law open. As due to the passage of time, no relief can be granted to the applicants before the Tribunal, especially the appointments were made during the course of litigation and none of the appointees are before us. Accordingly, these original petitions are disposed of holding that the challenge made by the applicants before the Tribunal have become infuctuous.
