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2026 Supreme(Online)(Ker) 5297

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ
DR.FATHIMATH NASEEHA.M.F – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.T.C.GOVINDASWAMY, SMT.KALA T.GOPI, SHRI.KAILESH T. GOPI, SMT.NISHITHA BALACHANDRAN
For the Respondents: SHRI.S.GANESH, SC, KERALA UNIVERSITY OF HEALTH SCIENCES, SHRI.P.SREEKUMAR (SR.), SHRI.P.C.SASIDHARAN (SR.), SC, FOR KERALA PUBLIC SERVICE COMMISSION, SRI.A.J.VARGHESE SR. GP

Table of Content
1. challenges were made regarding jurisdictional authority of the tribunal. (Para 2 , 5 , 7 , 9 , 11)
2. applicants sought remedies against non-inclusion of qualifications. (Para 3)
3. court examined allegations of arbitrary non-inclusion of qualifications. (Para 4 , 6 , 8 , 10 , 19)

JUDGMENT

Anil K. Narendran, J.

The petitioners are the applicants in O.A.(EKM)No.595 of 2025 on the file of the Kerala Administrative Tribunal at Thiruvananthapuram (Additional Bench, Ernakulam), an original application filed under Section 19 of the Kerala Administrative Tribunals Act, 1985 , seeking the following reliefs:

“(i) Declare that the non-feasance on the part of the respondents to consider the qualification of Postgraduate Diploma in Netra Roga Vigyan (Ayurveda) (Diploma in Ophthalmology) for appointment to the post of Medical Officer (Netra) in the Department of Indian Systems of Medicine, as notified in Annexure A1 notification dated 30.12.2024 issued by the 4th respondent Kerala Public Service Commission, is arbitrary, discriminatory, contrary to law and unconstitutional;

(ii) Declare that the non-inclusion of the qualification of Postgraduate Diploma in Netra Roga Vigyan (Ayurved

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