Divya Jayachandran v. State of Kerala and Others (OP(KAT) No.87/2020)

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** **&** **THE HONOURABLE MR. JUSTICE GOPINATH P.** **TUESDAY, THE 23RD DAY OF JUNE 2020 / 2ND ASHADHA, 1942** ## **OP(KAT).No.87 OF 2020** **AGAINST THE ORDER IN OA (EKM) 2828/2017 DATED 10-01-2020 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONER/APPLICANT IN OA:** **DIVYA JAYACHANDRAN, AGED 28 YEARS D/O.JAYACHANDRAN, JAYA NIVAS, THUMPOLY, ALAPPUZHA NORTH P.O., ALAPPUZHA DISTRICT-688007.** **BY ADVS. SRI.J.OM PRAKASH SRI.T.G.SUNIL (PRANAVAM) SHRI.NEVIL ZACHARIA MATHEW SHRI.AKHIL SANTHOSH SHRI.K.S.VISHNU MADHAV SHRI.MEERA M. SMT.FATHIMA IBRAHIM SRI.C.X.ANTONY BENEDICT** ## **RESPONDENTS/RESPONDENTS IN OA:** **1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** OP(KAT) No.87/2020 -:2:- - **2 THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM-695004.** - **3 THE SECRETARY, KERALA STATE PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM-695004.** - **4 THE TRAVANCORE COCHIN COUNCIL OF INDIAN SYSTEMS OF MEDICINE, REPRESENTED BY ITS REGISTRAR, RED CROSS ROAD, THIRUVANANTHAPURAM-695035.** **R1 BY ADV.SRI. P.N. SANTHOSH- SR. G.P. SRI.P.C.SASIDHARAN, SC FOR R2 AND R3 SRI.N.RAGHURAJ FOR R4** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 15-06-2020, THE COURT ON 23-06-2020 DELIVERED THE FOLLOWING:** OP(KAT) No.87/2020 -:3:- ## **J U D G M E N T** Dated this the 23[rd] day of June, 2020 ## _**Shaffique, J.**_ The Original Petition is filed challenging order dated 10/1/2020 in OA (EKM) No.2828/2017. The application was filed by the petitioner herein challenging the action of Kerala Public Service Commission (KPSC) denying her an opportunity to attend the interview for selection to the post of Medical Officer (Siddha) pursuant to a Gazette notification dated 10/3/2016. 2. The qualification for the aforesaid post as per the notification was Degree in Siddha Medicine of a recognized University or equivalent qualification and “A” Class registration in Part A with the Travancore Cochin Medical Council. The last date of submitting the application was 13/4/2016. According to the petitioner, she had the aforesaid qualification as well as registration as on 13/4/2016. In order to apply for the Postgraduate Course Entrance test in Tamil Nadu, she cancelled the said registration with Travancore Cochin Medical Council on OP(KAT) No.87/2020 -:4:- 8/8/2016 and obtained the registration with Tamil Nadu Siddha Medical Council on 28/9/2016. She attended the online examination conducted by KPSC on 27/7/2017. But when documents were verified on 30/10/2017, it was noticed that she did not have the required registration. Petitioner filed an application before the Tamil Nadu Siddha Council to cancel her registration, which was cancelled on 2/11/2017. She applied for registration again with the Travancore Cochin Medical Council and obtained a registration on 4/11/2017. According to her, PSC verified her registration certificate and she apprehended that she may not be called for interview. Accordingly, application was filed before the Tribunal _inter alia_ seeking for a declaration that she is eligible to be considered for selection to the aforesaid post and for a direction to the KPSC to call her for the interview. 3. Before the Tribunal, KPSC took up a contention that the applicant was included in the main list of the short list published on 22/9/2017 taking into account her credentials as she was having the requisite registration. The applicants were called for one time verification of original documents, but the petitioner did not turn up on the scheduled date. The commission issued a OP(KAT) No.87/2020 -:5:- letter calling upon her to appear on 30/10/2017. She did not produce the registration certificate at that time and she was given time to produce the certificate on or before 15/11/2017. On 14/11/2017, she produced a certificate dated 4/11/2017 which was issued after the last date of submission of the application ie on 13/4/2016. It is submitted that the certificate dated 20/8/2015, which the petitioner had earlier, was cancelled on 8/8/2016 itself and therefore the same had no relevance which apparently means that petitioner did not have the registration as on the last date of application. The Tribunal after considering the respective contentions held that the valid certificate which the petitioner has produced was issued on 4/11/2017 which does not relate back to the date of issuance of the earlier certificate dated 20/8/2015 which the petitioner possessed. Therefore, it has to be presumed that the petitioner was not having a valid registration as on the last date of application. Even according to the petitioner, her registration was cancelled on 8/8/2016 and therefore the Tribunal dismissed the application. 4. Learned counsel for the petitioner would however submit that her registration certificate dated 20/8/2015 which OP(KAT) No.87/2020 -:6:- was valid as on the last date of application had to be cancelled on account of the fact that she had to appear for an entrance examination in Tamil Nadu where she had to obtain a registration with the Tamil Nadu Siddha Medical Council. When she had produced certificate dated 4/11/2017, it necessarily indicates that her earlier certificate was valid as on the date of application. 5. Learned counsel also placed reliance on the judgment of Apex Court in _**S.G.Vaisakhan and another v Kerala Public Service Commission and Another**_ (2017 3 KLT online 2182 (SC) and a Division Bench judgment of this Court in _**Kerala Public Service Commission v. Jaimon**_ (2019 (3) KLT 65). In _**Vaisakhan's case**_ (supra), the Apex Court was considering the question whether the candidates who had applied to the post of Police Constable Driver in Armed Police Battalion require to have current and valid driving licence from the date of application till the entire selection process is completed. Their applications were rejected on the ground that during the written test, they did not have current and valid driving licence, since the period expired. The Apex Court observed that on the other relevant dates, such as, the last date for receipt of application and even during the OP(KAT) No.87/2020 -:7:- practical test, the appellants had current and valid licences. Hence, the appeal filed by the applicants were allowed and KPSC was directed to advise the State Government accordingly. In _**Jaimon's case**_ (supra), the qualification prescribed for appointment to the post of Assistant Motor Vehicle Inspector was that the candidate should have a current valid driving licence. The note further prescribed that the candidate should possess a current driving licence throughout all the stages of selection process as on the last date of application, the test, interview etc,. The PSC did not consider the application of the candidate on the ground that he did not possess a current driving licence which authorised him to drive heavy goods vehicle and heavy passenger motor vehicles as on the date of OMR test. It was found that the candidate's licence to drive heavy passenger motor vehicle and heavy goods motor vehicle had expired after 3 years from 23/2/2012 and were renewed only from 17/8/2015. Therefore, he did not possess a current driving licence as on the date of OMR test ie 30/4/2015. Accordingly it was held that _**Vaisakhan's case**_ (supra) does not apply to the facts on hand and the order passed by the Tribunal directing PSC to consider OP(KAT) No.87/2020 -:8:- the candidate was set aside. In _**Vaisakhan's case**_ (supra), the Apex Court did not consider the legality of the issue and observed that since the candidate had licence as on the last date of application and even during practical tests, though he did not have valid driving licence as on the date of written test, the same is not material. Apparently, _**Vaisakhan's case**_ (supra) has been decided on its own facts. Here we are concerned with a qualification criteria as per special rules where the candidate should be registered with Travancore Cochin Medical Council. It is true that she had a registration on the last date of receipt of application. But that registration had been cancelled on 8/8/2016. The reason for such cancellation is not germane for consideration. Once a registration has been cancelled, the candidate cannot derive any benefit from the cancelled registration. It is not like a driving licence which gets expired since the period for which it has been issued will be over. Driving licence can be renewed after paying a renewal fee which is not the instance in respect of a registration under the Travancore Cochin Medical Council. The valid certificate now available with the petitioner is issued only on 4/11/2017 which apparently OP(KAT) No.87/2020 -:9:- means that she did not have the registration as on the last date of the receipt of application. 6. Viewed in that angle, the Tribunal was justified in rejecting her prayer. We do not find any ground to interfere with the same. ## OP(KAT) is dismissed. Rp **Sd/A.M.SHAFFIQUE JUDGE Sd/GOPINATH P. JUDGE** OP(KAT) No.87/2020 -:10:- ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF OA (EKM) NO.2828/2017 FILED BY THE PETITIONER BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, ADDL. BENCH, ERNAKULAM DATED 1.12.2017.** **EXHIBIT P1-A1 TRUE COPY OF THE NOTIFICATION ISSUED BY THE 3RD RESPONDENT DATED 10.3.2016.** **EXHIBIT P1-A2** **TRUE COPY OF THE APPLICATION DATED 23.3.2016.** **EXHIBIT P1-A3 TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 20.8.2015 ISSUED BY THE REGISTRAR, TRAVANCORE MEDICAL COUNCIL FOR INDIAN SYSTEMS OF MEDICINE.** **EXHIBIT P1-A4 TRUE COPY OF THE NOTIFICATION DATED 22.9.2017.** **EXHIBIT P1-A5** **TRUE COPY OF THE PROSPECTUS ISSUED BY THE DIRECTOR OF TAMIL NADU STATE.** **EXHIBIT P1-A6 TRUE COPY OF THE ENDORSEMENT OF CANCELLATION ON THE REGISTRATION CERTIFICATE OF THE APPLICANT DATED 8.8.2016.** **EXHIBIT P1-A7 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUE TO THE APPLICANT DATED 28.9.2016 BY THE REGISTRAR TAMIL NADU SIDDHA MEDICAL COUNCIL.** **EXHIBIT P1-A8 TRUE COPY OF THE BIRTH CERTIFICATE DATED 19.8.2017.** **EXHIBIT P1-A9 TRUE COPY OF THE LETTER 23.10.2017 ISSUED BY THE 2ND RESPONDENT.** OP(KAT) No.87/2020 -:11:- **EXHIBIT P1-A10 TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE REGISTRAR DATED 4.11.2017.** **EXHIBIT P1-A11 TRUE COPY OF THE RECORD KEPT BY THE P.S.C. AFTER VERIFICATION OF THE CERTIFICATES OF THE APPLICANT ON 14.11.2017.** **EXHIBIT P1-A12 TRUE COPY OF THE REPRESENTED DATED 16.11.2017. EXHIBIT P1-A13 TRUE COPY OF THE RANKED LIST NO.133/18/OLE ISSUED BY THE 3RD RESPONDENT (AS PER IN M.A.(EKM) NO.613/2018).** **EXHIBIT P2 TRUE COPY OF REPLY STATEMENT DATED FILED BY RESPONDENTS 1 & 2 IN O.A.(EKM) NO.2828/2017. EXHIBIT P3 TRUE COPY OF ORDER DATED 10.01.2020 OF THE KERALA ADMINISTRATIVE TRIBUNAL, ADDITIONAL BENCH, ERNAKULAM IN O.A. (EKM) 2828/2017.**