IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 8090 of 2009(E) ------------------------- PETITIONER(S): --------------- CHANDRALEKHA.G.,AGED 28, W/O. MANOJKUMAR, SREENILAYAM,PUZHAVATHU MURI, CHENGANACHERRY. BY ADV. SRI.PHILIP M.VARUGHESE SRI.V.AJITH KUMAR SMT.M.S.SHAMLA SMT.SHERINA MEERAN RESPONDENT(S): --------------- KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 8090 of 2009 --------------------------------------------------- Dated this the 3rd day of April, 2009 JUDGMENT The petitioner is having the qualification of B.H.M.S. from the Mahatma Gandhi University and she had also completed the prescribed period of House Surgeoncy. 2. The PSC as per Notification dated 26.03.2007 invited applications for appointment to the post of Medical Officer in the department of Homeopathic/Insurance Medical Service. The last date for receipt of application prescribed by the Notification was on 02.05.2007 (Ext.P1). 3. The qualification prescribed for the post of Medical Officer is: BHMS Degree awarded by any University in the State of Kerala. OR A Diploma in Homoeopathy issued by the Government of Kerala. OR Any other Degree or Diploma in Homoeopathy declared equivalent to the above provided all such qualifications are included in the second schedule of the Homoeopathy Central Council Act, 1971. (Central Act 59 of 1973). Apart from that the candidate should have successfully completed the House Surgency/Internship and should have 'A' class registration with the Registrar of Medical Council, Kerala. wpc/8090/2009 2 4. She was awarded the Degree Certificate from the University dated 8.8.2007 which is evidenced as Ext.P2. The result of the examination was announced by the University on 05.05.2007. Thereafter, she had undergone the post-examination internship and thereafter, the University awarded the Degree. Ext.P3 is the copy of the Certificate of Provisional Registration and Ext.P4 is the Certificate issued by the Principal regarding the successful completion of House Sergeoncy. 5. As per Ext.P5, she was invited to appear for an interview. Pursuant to Ext.P5, she approached the authorities with the required certificates for attending the interview, but she was not allowed to participate in the interview since she was not having the required qualification as on the last date for receipt of application namely on 09.05.2007 (even though initially it was fixed as 02.05.2007). By the Notification, the last date for receipt of application was fixed on 2.5.2007. As 2.5.2007 was a holiday for the Postal Department, the last date for receipt of application was extended to 9.5.2007. Under these circumstances, the petitioner has approached this Court, seeking for a direction to the respondents to consider her claim. wpc/8090/2009 3 6. In the counter affidavit filed by the respondents it is pointed out that going by the notification the candidate should have acquired the qualification as on the last date for receipt of the application. It is submitted that ‘A’ class Registration with the Registrar of Medical Council, Kerala is an essential qualification for the post of Medical Officer (Homoeo) as per the notification dated 28.3.2007. The petitioner has registered under Travancore Cochin Medical Councils Act only on 18.6.2007, which is after the last date, i.e.9.5.2007. Since, the petitioner did not possess the required qualification, she was not allowed to participate in the interview. 7. It is also pointed out that even going by Ext.P4 Certificate the petitioner completed 12 months internship only on 31.5.2007, which is also after the last for receipt of application. Successful completion of intership being one of the essential qualifications it should have been acquired before the last date. 8. The learned counsel appearing for the petitioner submitted that it will be revealed from Ext.P4 that she was relieved after the internship only on 31.5.2007. Since the last date for receipt of the application is in the same month then it should be deemed that the petitioner acquired the qualification after the last date. wpc/8090/2009 4 9. Admittedly, the petitioner completed the successful internship only on 31.5.2007. If the argument of the petitioner is accepted then the last date for the receipt of the application should be stretched to 31.5.2005 which is not at all possible. The registration under the Registrar of Medical Council is also on a later date, after the last date of application. All the required qualifications should have been fulfilled as on the last date of receipt of application. In that view of the matter, the Writ Petition is dismissed. T.R.RAMACHANDRAN NAIR, JUDGE bps