The court established that mandatory registration with an absent state council is discriminatory, directing registration and participation in selection without such a requirement.

JUDGMENT

Dated this the 6^th day of February, 2026 The petitioners, who have acquired their educational qualifications as Dialysis Technician from Educational Institutions outside Kerala, have filed this writ petition seeking the following reliefs:

“i) Issue a writ of certiorari or any other appropriate writ order or direction, quashing Ext.P12 notification, to the extent it prescribes registration with the 3^rd respondent as mandatory, as the same is discriminatory, illegal and arbitrary. ii) Issue a writ of certiorari or any other appropriate writ order or direction, quashing any government or executive order in force based on which the qualifications under Ext.P12 notification, to the extent it prescribes registration with the 3^rd respondent as mandatory, is prescribed.

iii) Issue a writ of certiorari or any other appropriate writ order or direction, quashing Ext.P12 notification, to the extent it restricts candidates with experience from private institutions from applying, when the corresponding post in DME allows the same vide Ext.P14.

iv) Issue a writ of certiorari or any other appropriate writ order or direction, quashing Ext.P15 order restricting registration of the petitioners and similarly placed persons with the 3^rd respondent.

iv.(a) Issue a writ of certiorari or any other appropriate writ order or direction, quashing Ext.P26 order as illegal unjust and arbitrary.

iv.(b) Issue a writ of certiorari or any other appropriate writ order or direction, quashing Ext.P27 to the extent it prescribes registration with the 3^rd respondent as mandatory for the post of Dialysis Technician Gr.II, as the same is discriminatory, illegal and arbitrary.

iv.(c) Direct the respondents to include the petitioners in the rank list to be published pursuant to Ext.P12 notification, according to their merit, and issue advise and appointment, as and when their turn arises.”

2. In short, the grievance of the petitioners is that the respondents are insisting that the petitioners should have registration in Tamil Nadu where they have studied, for the purpose of registering themselves under the Kerala Paramedical Council and for appointment to various Courses notified by the Kerala Public Service Commission. According to the petitioners, a State Paramedical Council has not been constituted in Tamil Nadu.

3. I have heard the learned counsel for the petitioners, the learned Government Pleader representing respondents 1 and 2, respective Standing Counsel appearing for respondents 3 and 4, the learned counsel appearing for respondents 5 to 9.

4. The Standing Counsel for Kerala Public Service Commission took a preliminary objection that as the petitioners are challenging the provisions for obtaining appointment under the Health Service of the Government of Kerala, the petitioners have to move the Kerala Administrative Tribunal, Thiruvananthapuram for any relief in this regard.

5. From the pleadings, I find that the petitioners had already approached the Kerala Administrative Tribunal filing O.A.(EKM) No.39 of 2024 in the Kerala Administrative Tribunal, Thiruvananthapuram seeking relief in the matter. The Kerala Administrative Tribunal took the view that the challenge cannot be entertained by the Tribunal. In the afore circumstances, I find that it would be harsh to drive away the petitioners to the Tribunal again.

6. The crux of the issue is that a State Paramedical Council has not been constituted in the State of Tamil Nadu and the Kerala Paramedical Council will not give registration to the petitioners unless they have got registration under the Paramedical Council, Tamil Nadu. In effect, the petitioners are denied the benefit of their hard work and studies and they are not in a position to apply for any job.

7.