IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 WP(C).No. 31624 of 2009(W) -------------------------- PETITIONER(S): --------------- 1. DR.K.S.SHAIK ANWAR, KOPPILLY HOUSE, ANSAR LANE, ALUVA, ERNAKULAM. 2. DR. SUBI N.H. NOORAMKULANGARA HOUSE, PUTHENPALLI POST, GURUVAYUR, THRISSUR-680103. BY ADV. SRI.P.C.SASIDHARAN SRI.M.H.HUBAISE RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY,. AYURVEDA MEDICAL EDUCATIO, DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. DIRECTOR OF AYURVEDA MEDICAL EDUCATION, OFFICE OF THE DIRECTOR OR AYURVEDA MEDICAL EDUCATION, THIRUVANANTHAPURAM. 3. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. ANU SIVARAMAN SC FOR PASC SRI. ALEXANDER THOMAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.31624 OF 2009 (W) -------------------------------------------------- Dated this the 6th day of November, 2009 J U D G M E N T Ext.P1 is a notification issued by the PSC for appointment to the post of Tutor(Rog Nidhana). The qualifications prescribed in the notification reads as under. “Qualifications. 1. A first or second class degree in Ayurveda from any of the Universities in Kerala or any other Universities recognized by the Universities in Kerala. 2. `A' Class Registration with the Council of Indigenous Medicine of the State. Desirable : A post Graduate Degree in the concerned subject from any of the Universities in Kerala or any other University recognized by the Universities in Kerala.” 2. Petitioners being graduates in Ayurveda with `A' class registration, had applied for the post. Ext.P2 is the ranked list that was published by the PSC on 28.7.2009. Meanwhile recruitment rules were amended with effect from 4.8.2007, a copy of which is Ext.P6, by which the post of Tutor has been redesignated as Lecturer. Amended qualifications reads as under. WPC.No.31624/09 :2 : “1. A post Graduate Degree in Ayurveda in the concerned subject from any of the Universities in Kerala or from any other University recognized by any of the Universities in Kerala. In the absence of person with Postgraduate Degree in the concerned subject, person with Graduation will be considered.” 3. By Ext.P3 dated 14.9.2009, rank No.1 in Ext.P2 rank list was advised and was appointed with the designation `Lecturer' as per Ext.P4. Petitioners state that by Ext.P5 dated 30.4.2009, two vacancies were reported and that, in spite of the availability of the ranked list, candidates are not advised. It is in these circumstances the writ petition is filed contending that despite the change in the recruitment rules, the candidates should be advised from Ext.P2 ranked list. 4. This contention is raised on the basis that even in the amended rules degree holders are not excluded. However facts show that subsequent to the issuance of Ext.P1 notification and before the publication of the ranked list, the recruitment rules were amended and going by the amended rules Post Graduation is the qualification prescribed for the post. Only, in the absence WPC.No.31624/09 :3 : of Post Graduate degree holders, degree holders be considered. A reading of Ext.P5, by which two vacancies were reported itself show that these vacancies arose with effect from 28.6.2008, which is much later to the amendment to the special rules. Further, the proforma enclosed to Ext.P5 also shows that amended qualifications. If that be so, going by the dictum laid down in the Full Bench judgment reported in Mohanan V. Director of Homeopathy (2006(3) KLT 641), the vacancies, which arose subsequent to the amendment to the recruitment rules, can be filled up following the amended rules only. 5. Counsel for the petitioners relying on the amended special rules itself contended that degree holders are not totally excluded and therefore are still entitled to be advised. A reading of the special rules show that the qualification is Post Graduation and only in the absence of Post Graduation, graduates can be considered. Therefore it is the duty of the PSC to initiate recruitment process as per the amended rules and only in the absence of Post Graduates, Graduates like the petitioners who respond to such notification need be considered. WPC.No.31624/09 :4 : 6. True, as pointed out by the counsel for the petitioners, that even according to the Director, Lecturer is only a redesignated post and by Ext.P4 the first candidate in the ranked list has been appointed as Lecturer. It is obviously for the reason that the vacancy against which the appointment was made arose prior to 4.8.2007, when only the special rules were amended. Having regard to the above, I do not find any merit in the claim of the petitioners that they should be advised against the vacancies notified as per Ext.P5. Writ petition fails and is dismissed. (ANTONY DOMINIC) JUDGE vi/