IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 WP(C).No. 24739 of 2011(N) -------------------------- PETITIONER : --------------------- BINSA HASSAN, AGE 24 YRS., D/O.T.K.MOHAMMED HASSAN THURUTHYEL (H), PIRAVAM P.O., PINCODE-686663, ERNAKULAM DISTRICT. BY ADVS. SMT.AYSHA YOUSEFF SMT. MOLLY JACOB SRI. JOBI A. THAMPI SMT. RABIA BEEGUM SMT. ARATHI KARUNAKARAN RESPONDENT(S): ------------------------- 1. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY TO GOVERNMENT THULASHI HILLS, PATTAM PALACE P.O., TRIVADRUM-695004, 2. DIRECTOR OF INDIAN SYSTEM OF MEDICINE, KERALA, TRIVANDRUM, THIRUVANTHAPURAM P.O. - 695001. 3. STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT HEALTH AND FAMILY WELFARE, SECRETARIAT, TRIVANDRUM-695001 R1 BY ADV. SRI. P.C. SASIDHARAN, SC R3 BY GOVT. PLEADER SMT. SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 24739 of 2011(N) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : PHOTOCOPY OF THE PROVISIONAL CERTIFICATE ISSUED BY THE CALICUT UNIVERSITY FOR BACHELOR OF AYURVEDA MEDICINE AND SURGERY (BAMS). EXT.P1(a) : COPY OF EXT.P1 PROVISIONAL CERTIFICATE. EXT.P2 : COPY OF THE PROVISIONAL REGISTRATION CERTIFICATE ISSUED BY THE COUNCIL OF INDIAN SUSTEM OF MEDICINES. EXT.P3 : PHOTOCOPY OF THE NOTIFICATION DTD. 26.6.2007 PUBLISHED IN THE KERALA GAZETTE BY THE 1ST RESPONDENT. EXT.P4 : PHOTOCOPY OF THE BANK LIST PUBLISHED BY THE PUBLIC SERVICE COMMISSION FOR THE POST OF MEDICAL OFFICER (AYURVEDA) / ASST. INSURANCE MEDICAL OFFICER (AYURVEDA). EXT.P5 : PHOTOCOPY OF THE NOTIFICATION PUBLISHED BY THE 1ST RESPONDENT IN THE KERALA GAZETTE DTD. 12.8.2011 INVITING APPLICATIONS FOR THE POST OF MEDICAL OFFICER (AYURVEDA) / ASST. INSURANCE MEDICAL OFFICER (AYURVEDA). EXT.P6 : PHOTOCOPY OF THE PRINT OUT OF THE ONLINE APPLICATION SUBMITTED BY THE PETITIONER ON 11.9.2011 IN THE PRESCRIBED FORMAT. EXT.P7 : COPY OF THE KERALA PUBLIC SERVICE COMMISSION RULES OF PROCEDURE. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 24739 OF 2011 ----------------------------------------------------------- Dated this the 23rd September, 2011. JUDGMENT The petitioner has filed this writ petition challenging the action of the Kerala Public Service Commission ('KPSC' for short) in issuing a fresh notification calling for applications for selection and appointment to the post of Medical Officer (Ayurveda)/Assistant Insurance Medical Officer (Ayurveda) even before the expiry of the period of an earlier rank list published on 15-6-2009. 2. The petitioner has passed Bachelor of Ayurvedic Medicine and Surgery and now she is undergoing internship. She would be eligible to be considered for selection to the notified post only after she successfully completes her internship and obtains an A class registration with the Travancore Cochin Medical Council. Admittedly the petitioner does not have the above qualification. 3. According to the petitioner, the validity of the present list that was published on 15-6-2009 is up to 15-6-2012 and, therefore, the action of the PSC in issuing the present notification is arbitrary and liable to the set aside. WPC 24739/2011 2 4. Adv. P.C.Sasidharan who appears for the first respondent relies on Rule 13 of the Public Service Commission Rules of Procedure (Kerala) to submit that the validity of a list is normally one year, subject to extension, for a maximum period of three years. He also places reliance on a Bench decision of this Court reported in Public Service Commission v. Pylo (1986 KLT 46) to contend that Board has got the discretion to issue a fresh notification at any time after the expiry of the initial period of one year, the said function being essentially managerial in nature. The correctness of the reasons which prompted the decision-maker to take one course of action instead of the other, is according to the Bench not a matter of concern for judicial review. For the above reasons, it is contended that this writ petition is devoid of merits and is liable to be dismissed. 5. The petitioner is not a person who is qualified to apply for selection pursuant to the present notification. Therefore, she has no reason to be aggrieved by the issue thereof. I notice that no candidate who has been ranked in the earlier notification dated 15-6-2009 has questioned the decision. Apart from the above, in view of the authoritative pronouncement of the Division Bench, the decision to publish a fresh notification being essential in the realm WPC 24739/2011 3 of exercise of managerial powers, the wisdom of the KPSC is not liable to be called in question under Art.226 of the Constitution, I do not find any reason to interfere with the impugned action. This writ petition fails and is accordingly dismissed. K. SURENDRA MOHAN Judge jj