IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 WA.No. 2141 of 2005 --------------------------------- AGAINST THE JUDGEMENT IN OP.23486/2000 Dated 08/07/2005 .................... APPELLANTS/RESPONDENTS 2 & 3: 1. THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, THRISSUR. BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC RESPONDENTS/PETITIONER & FIRST RESPONDENT: 1. G.ANILA DAS, W/O.SRINIVASAN, AGED 35 YEARS, RESIDING AT 43/265, SANKARANANDA ASHRAM ROAD, ERNAKULAM NORTH, COCHIN-18. 2. STATE OF KERALA, REPRESENTED BY SECRETARY, HEALTH DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.DENIZEN KOMATH SRI.A.J.VARGHESE SR.GOVT. PLEADER SRI.BENNY GERVACIS THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K.P.Balachandran, JJ. --------------------------------- W.A.No.2141 of 2005 --------------------------------- JUDGMENT Koshy, J. Kerala Public Service Commission invited applications for appointment to the post of Pharmacist in the Homeopathy Department vide Exhibit P3 gazette notification dated 27.10.1998. As per Exhibit P3, following qualifications were prescribed: “1. A pass in S.S.L.C. or equivalent. 2. A pass in the certificate course of Nurse-cum-Pharmacist (Homeopathy) run by Kerala Government or equivalent, or not less than three years' experience in dispensing medicine in Government Homeopathy Hospital/ Dispensary or in Dispensary run by registered 'A' Class Homeo Medical Practitioner.” The respondent is a registered medical practitioner in Homeopathy. She is a Diploma Holder in WA 2141/05 2 Homeopathic Medicine and Surgery (DHMS). Exhibit P1 is the certificate issued on 18.9.1985 by the Board of Government Examinations in Homeopathic Medicine and Surgery, Government of Kerala. Exhibit P2 is the Registration Certificate issued by the Council of Hoemopathic Medicine, Kerala certifying the respondent as a registered medical practitioner. 2. It is the contention of the Public Service Commission that as per Exhibit P3, the qualifications required are a pass in S.S.L.C. or equivalent and a pass in the certificate course of Nurse-cum-Pharmacist (Homeopathy) run by Kerala Government or equivalent, or not less than three years' experience in dispensing medicine in Government Homeopathy Hospital/Dispensary or in Dispensary run by registered 'A' Class Hoemo Medical Practitioner. It is also contended that Diploma in Hoemopathic Medicine and Surgery cannot be equated to a certificate course of Nurse-cum- Pharmacist (Homeopathy). The respondent is a WA 2141/05 3 registered medical practitioner. Exhibit P10 is the experience certificate. It shows that the respondent has got more than three years experience in compounding and dispensing of Homeo medicines. We are of the opinion that the respondent was eligible as per Exhibit P3 notification. In this connection, we also refer to another Division Bench decision of this Court in W.A.No.1844/02 dated 18.9.2002. In the above circumstances, we see no ground to interfere in the impugned judgment. Therefore, the appeal is dismissed. (J.B.Koshy, Judge) 22nd October, 2008 (K.P.Balachandran, Judge) tkv