The High Court cannot interfere with the Tribunal's findings unless there is a manifest error or a grave breach of legal principles.

Anil K. Narendran, J.

The applicant in O.A.(EKM)No.715 of 2024 on the file of the Kerala Administrative Tribunal, Additional Bench, Ernakulam, has filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India , seeking an order to set aside Ext.P4 order dated 12.08.2024 of the Tribunal in that original application, which was one filed by the petitioner- applicant, invoking the provisions under Section 19 of the Administrative Tribunals Act , 1985, seeking an order to set aside Annexure A7 notification dated 21.05.2024 issued by the 2^nd respondent Kerala Public Service Commission, publishing the short list containing the register numbers of candidates who are found provisionally eligible to be call for interview, subject to the verification of original documents, for selection to the post of Assistant Professor in Anaesthesiology (Category No.343/2023) in Medical Education Department; an order directing the 2^nd respondent Public Service Commission and the 3^rd respondent Director, Medical Education Department to shortlist the applicant, making him eligible for further process of selection pursuant to Annexure A2 notification dated 16.10.2023 published by the 2^nd respondent Public Service Commission; and to declare that the experience acquired by the applicant, as evidenced by Annexure A5 experience certificate dated 16.05.2024 issued by the Superintendent, District Hospital, Palakkad, Annexure R5(a) experience certificate dated 24.05.2024 issued by the Superintendent, Government Women & Children Hospital, Palakkad, and Annexure R5(b) certificate dated 24.05.2024 issued by the Superintendent, Taluk Head Quarters Hospital, Alathur, are equivalent to the qualification criteria stipulated in Annexure A2 notification.

2. The Tribunal, by Ext.P4 order dated 12.08.2024, dismissed the original application on a finding that the petitioner- applicant does not have the qualification prescribed by the National Medical Commission, and therefore, no relief can be granted. Paragraphs 6, 7 and also the last paragraph of Ext.P4 order read thus;

‘6. The qualifications required for the post are as follows:

"7. Qualifications: 1. MD/MS/DNB in Anaesthesiology

2. One Year Experience as Senior Resident in Anaesthesiology in a NMC Recognised Medical College after acquiring Post Graduate Degree, 3. Permanent Registration under Kerala State Medical Council (TCMS)/Council for Modern Medicine."

7. The applicant had produced all those certificates obtained by him from the General Hospital, Palakkad, Government Women and Children Hospital, Palakkad, and in the Taluk Headquarters Hospital, Alathur. The PSC has, in paragraph 17 of the reply statement, stated that the applicant does not possess the required essential qualification, mainly experience as Senior Resident in Anaesthesiology for a period of one year in a NMC recognized Medical College after acquiring the Post Graduate Degree. The Annexure A5 series of certificates would only show the experience of the applicant in Government hospitals; but not in a NMC recognised Medical College.

Therefore, even without going into the contentions relating to the uploading of documents, it is clear that the applicant does not have the qualification prescribed by the NMC. Therefore, no relief can be granted to the applicant. The Original Application is accordingly dismissed.’

3. Challenging Ext.P4 order dated 12.08.2024 of the Tribunal in O.A.(EKM)No.715 of 2024, the petitioner-applicant is before this Court in this original petition.

4. We heard arguments of the learned counsel for the petitioner-applicant,