IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 WA.No. 1809 of 2011() --------------------- AGAINST THE JUDGEMENT IN WPC.18593/2011 Dated 10/08/2011 .................... APPELLANT: -------------- MANJU R., D/O RAJARAM, H. NO. 28, CHAITHRAM, PREM NAGAR, KARAMANA, THIRUVANANTHAPURAM BY ADV. MR. CIBI THOMAS RESPONDENTS: --------------- 1. KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM REP. BY ITS SECRETARY - 695001 2. THE CHAIRMAN, KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM - 695001 3. STATE OF KERALA REP. BY THE SECRETARY, DEPARTMENT OF HEALTH, SECRETARIAT, THIRUVANANTHAPURAM - 695 001 R1 AND R2 BY MR. P.C. SASIDHARAN, STANDING COUNSEL R3 SENIOR GOVERNMENT PLEADER MS. MEERA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 01/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MANJULA CHELLUR, Ag. C.J. & P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ C.M.Appl. No. 1028 of 2011 and W. A. No. 1809 Of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 1st day of December, 2011 JUDGMENT Manjula Chellur, Ag.C.J. C.M. Appln. No. 1028 of 2011 : This is an application to condone the delay of 61 days in filing the Writ Appeal. Delay is condoned 2. Heard the learned counsel for the appellant, the learned standing counsel appearing for the Kerala Public Service Commission and the learned Government Pleader appearing for the 3rd respondent. With the consent of all the parties, the matter is heard and disposed of on merits. 3. It is not in dispute that the appellant herein was an applicant to the post of Assistant Surgeon in Health Service Department. She appeared for an OMR test for the selection to the post of Assistant Surgeon, which came to be conducted on 25.09.2010. Depending upon the performance of the candidates, the rank list has to be prepared, including all the candidates. The rank list brought into force on 13.01.2011 by including 2144 candidates. Till 14.06.2011, total number of candidates, W.A No. 1809 of 2011 :2: to whom advice came to be given were 377. The appellant herein approached the learned Single Judge with a grievance that her name was not found in the rank list announced on 13.01.2011. 4. From the defence taken by the Commission before the learned Single Judge, we note, that on 26.11.2010, an intimation came to be made to the appellant herein to appear for verification of the original documents, as indicated in the notification and the date was fixed as 06.12.2010. Admittedly, the appellant though appeared was not able to produce any of the original documents for verification. According to the Commission, till 13.01.2011, there was time for the appellant to produce the original MBBS certificate to prove her basic qualification, which was required for the post of Assistant Surgeon. As she did not produce the document till 13.01.2011, her name did not figure in the rank list. The learned Judge, after observing said fact, and also fact even as on the date of disposal of the writ petition the appellant did not produce the original MBBS certificate, was justified in saying that in the absence of the original MBBS certificate, basic qualification for considering her to the post of Assistant Surgeon, her name cannot figure in the rank list. Aggrieved by the said judgment of the learned Single Judge the appellant is before us. W.A No. 1809 of 2011 :3: 5. According to the learned counsel for the appellant, as on the date of submitting application for the post of Assistant Surgeon, she was pursuing post graduation in Ophthalmology, therefore, she had submitted her MBBS certificate to the College, where she was pursuing her post graduation and hence, she was unable to secure the said certificate by 06.12.2010. Though, she contended that only a week's time was granted from 06.12.2010 to submit the said original document, we find no material to substantiate the said contention. On the other hand, till 13.01.2011, we note that, no such attempt came to be made by the appellant for producing the original MBBS certificate. Even otherwise, the learned Single Judge observed that, even as on the date of disposal of the writ petition, no such certificate was placed before the learned Single Judge. 6. When the candidates were expected to submit their applications by on-line, at that time question of submitting any documents for verification would not arise. In the present case, as the applications were submitted by on-line, they are required to produce the documents for verification before the rank list would be prepared. Therefore, the appellant was called upon to produce original MBBS certificate for verification, but she was unable to produce the same. We find from the appeal papers, no such certificate is forthcoming even as on today. W.A No. 1809 of 2011 :4: 7. In view of the above discussion and reasoning, we are of the opinion that, the judgment of the learned Single Judge does not warrant any interference. Accordingly, the Writ Appeal is dismissed. Sd/- MANJULA CHELLUR, Ag. CHIEF JUSTICE Sd/- P. R. RAMACHANDRA MENON, JUDGE kmd