IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 WP(C).No. 18593 of 2011(Y) ---------------------------------- PETITIONER(S): ----------------------- MANJU.R, D/O.RAJARAM, H.NO.28, CHAITHRAM, PREM NAGAR, KARAMANA, THIRUVANANTHAPURAM. BY ADV. SRI.CIBI THOMAS RESPONDENT(S): ------------------------ 1. KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM REP. BY ITS SECRETARY- 695 001. 2. THE CHAIRMAN, KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM-695 001. 3. STATE OF KERALA REP. BY THE SECRETARY, DEPARTMENT OF HEALTH, SECRETARIAT, THIRUVANANTHAPURAM-695 001. R1 & R2 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC R3 BY GOVT. PLEADER SMT.SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.18593/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE CERTIFICATE OF MBBS DEGREE ISSUED BY THE KANNUR UNIVERSITY. P2:- COPY OF THE INFORMATION OBTAINED BY THE PETITIONER FROM THE OFFICIAL WEBSITE OF THE PUBLIC SERVICE COMMISSION. P3:- COPY OF THE RELEVANT PAGES OF THE RANKED LIST FOR THE POST OF ASSISTANT SURGEON IN THE HEALTH SERVICE DEPARTMENT DT.D 13.1.2011. P4:- COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT BY THE PETITIONER DT.D 18.4.2011. P5:- COPY OF THE SSLC CERTIFICATE OF THE PETITIONER. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.18593 OF 2011 -------------------------------------------- Dated this the 10th day of August, 2011 JUDGMENT The petitioner was an applicant to the post of Assistant Surgeon in the Health Services Department. This Writ petition has been filed mainly with the following prayers: a) Issue a writ of certiorari calling for the records leading to Ext.P3 and modify the same including the name of the petitioner in the ranked list. b) Writ of mandamus or any appropriate writ order or direction, directing the respondents 1 and 2 to consider and pass orders on Ext.P4 representation expeditiously. c) To declare that the exclusion of petitioner's name in Ext.P3 ranked list for non-production of original MBBS degree certificate is not correct and is illegal 2. A counter affidavit has been filed in this Writ Petition on behalf of respondents 1 and 2. In the counter affidavit, it has been stated that pursuant to the notification dated 15.7.2010, an OMR test was conducted on 25.9.2010 and it was decided to finalise the ranked list for the post by including all the candidates who had appeared for the test. The W.P.(C) NO.18593 of 2011 2 ranked list was brought into force from 13.1.2011 by including 2144 candidates. A total of 377 candidates have so far been advised on 14.6.2011. It is further stated thereunder that prior to the publication of the ranked list, verification was carried out from 6.12.2010 to 13.12.2010. The petitioner was issued with a memo on 26.11.2010 requiring her to appear for verification with all original documents in support of her claim. Pursuant to the receipt of the same, she turned up for verification on 6.12.2010. However, she could not produce the MBBS certificate to prove her qualification. It is also stated thereunder that despite her failure to prove qualification for getting appointment against the said post, the petitioner was given an opportunity to produce the said certificate before publication of the ranked list. However, the petitioner had failed to produce the same before 13.1.2011 viz., the date on which the ranked list was published. Admittedly, even till today, the petitioner is not in a position to produce the MBBS certificate which is essential to prove her qualification. In fact, the learned counsel for the petitioner sought further time for the petitioner to produce the said certificate. Considering the fact that the respondents have already granted sufficient time to the petitioner for producing the MBBS certificate that too even after her failure to produce the same on the date fixed for verification and also considering W.P.(C) NO.18593 of 2011 3 the fact that even now, the petitioner is not in a position to produce the certificate proving her qualification for appointment, I am of the view that the petitioner is not entitled to the reliefs sought for in this Writ Petition. In that view of the matter, this Writ Petition is liable to fail. Accordingly, the Writ Petition is dismissed. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.18593 of 2011 4 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.18593 of 2011 5