Point of Law: If prospectus fixes an eligibility criteria which offends Article 14, it cannot be said it will hold good for everyone to participate in same manner as provided under prospectus without amendment.

JUDGMENT :

(A. Muhamed Mustaque, J.)

1. These cases are being disposed of by a common judgment. The appellants came before us challenging the non-grant of an interim order. We thought that the entire matter could be disposed of. Accordingly, the writ petitions were tagged with the appeals. The dispute pertains to admission for the Post Graduate Ayurveda courses 2022 under the service quota for Medical Officers. The point of law that arises for consideration is, after the publication of the final list of candidates in the service quota, whether one of the eligibility criteria can be rectified/changed or not. We shall answer this question after adverting to the facts.

2. There is a two-tier process for admission to the Post Graduate courses in Ayurveda. At the first level, the candidates have to clear the National Testing Agency (NTA) exam. Whereas, at the second level, one has to make an application in terms of the prospectus on Post Graduate courses in Ayurveda. The test is conducted much prior to the preparation of the prospectus. For the academic year 2022-23, NTA conducted the test on 15/10/2022 and published the result on 9/11/2022. The Government of Kerala released the prospectus for admission to the PG courses on 29/12/2022. Pursuant to the prospectus, the Commissioner for the Entrance Examinations invited applications for admission on 4/1/2023. The last date for submitting completed applications was 9/1/2023. On 18/1/2023, a provisional list of service quota candidates was published. On 19/1/2023, the final list of service quota candidates was published. The Government, based on an interim order, dated 25/1/2023, in the writ petition filed by Dr.Sivaprasadan V., passed an order on 25/1/2023 itself, changing the upper age limit of the Medical Officer quota candidates. This resulted in recasting the list of the final service quota candidates. The final service quota list was published on 27/1/2023. Dr.Seema Sebastian and Dr.Shyly Raju, who were higher in the order of seniority prior to the recasting of the service quota candidates came before this Court in W.P.(C).Nos.3521/2023 and 3768/2023 aggrieved by the recasting of the list of service quota candidates as they have been placed below Dr.Sheeja S. and Dr.Sivaprasadan V.

3. The reason for recasting the list was that, while fixing the upper age limit of Medical Officer quota candidates, the Government overlooked the retirement age of officers appointed on or after the first day of April 2013, the date on which the National Pension Scheme was implemented in the State. The relevant clause in the prospectus reads thus:

5(B)(2). Service candidates:- In the case of candidates coming under Clause 7 (E) and (F), the upper age limit will be fixed in such a way that service quota candidate if admitted to the Post Graduate course on completion of such course, should have at least 7 years of service left before the date of superannuation in their respective Departments. The upper age limit of the teachers quota candidates will be 50 as on 31-07-2022. The upper age limit of the Medical Officer quota candidates will be 46 reckoned as on 31-07-2022.

4. As seen from the above, the candidates who are aspiring for admission should have at least 7 years of service left before the date of superannuation. The upper age limit of the teachers’ quota was fixed at 50 years, taking note of the retirement age of teachers. After three years of undertaking studies, a candidate should have at least minimum 7 years of service left to obtain admission under such a quota. This was for the reason that these candidates are eligible for full salary during the period of 3 years of study. Prior to 1/4/2013, the age of retirement of the Medical Officer was 56 years. Therefore, it was fixed at 46. Now there are two categories of Medical Officer quota employees in this State; those who entered into employment prior to 1/4/2013 and; those who entered into employment on or after 1/4/2013.

5. What factored in fixing th