IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 WP(C).No. 2748 of 2009(B) ------------------------- PETITIONER(S): --------------- DR.NIMI AGED 28 YEARS, W/O. J.RAJESH KUMAR S-37.SANKAR NAGAR, KOLLAM, AND NOW AT "ISHWAREEYAM" TC-79/2676,KAILAS NAGAR, VENPALAVTTAM, ANAYIRA PO, THIRUVANANTHAPURAM. BY ADV. SRI.H.HAMZA ROWTHER SRI.V.K.PEERMOHAMED KHAN RESPONDENT(S): --------------- 1. SECRETARY TO GOVERNMENT DEPARTMENT OF INDIAN SYSTEMS OF MEDICINES/ INSURANCE MEDICAL SERVICES, SECRETARIATE, THIRUVANANTHAPURAM. 2. SECRETARY, KERALA PUBLIC SERVICE COMMISSION PATTOM PO, THIRUVANANTHAPURAM. 3. THE REGISTRAR TRAVANCORE-COCHIN MEDICAL COUNCILS RED CROSS ROAD, THIRUVANANTHAPURAM-35. 4. THE REGISTRAR KARNATAKA STAE AYURVEDIC AND UNANI PRACTITIONERS BOARD, DHANVATARI ROAD, BANGALORE 560 009. ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R2 BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 2748 of 2009 --------------------------------------------------- Dated this the 23rd day of March, 2009 JUDGMENT The petitioner is an applicant to the post of Medical Officer (Ayurveda) in the Department of Indian Systems of Medicines/Insurance Medical Services under the State of Kerala. Ext.P3 is a Notification published in the Gazette dated 26.06.2007. The qualifications prescribed as per Ext.P3 are that the candidates should have the Degree or Diploma in Ayurveda from a recognised University or equivalent qualification and the candidates should have the 'A' class registration with the council of Indigenous Medicine of the state. 2. The petitioner is having the academic qualification of BAMS with first class marks in the examination held in May, 2003. This is evidenced by Ext.P1. She has registered her name in the statutory register of the Karnataka Ayurvedic and Unani Practioner's Board, Bangalore vide registration No.16513 dated 11.08.2004. Ext.P2 is the said certificate. The petitioner had the training in the Ayurvedic Hospital namely Poonthottam Ayurveda Asramam at Cherpulassery, Palakkad. wpc: 2748 of 2009 2 3. The petitioner had attended the written examination and subsequently she was issued a call letter to attend the interview with the originals of the records on 7.11.2008 as per Ext.P5 intimation. Accordingly, petitioner had attended the interview and the officers of the 2nd respondent attended the interview, required the petitioner to produce the certificate of registration made on or before the date 01.08.2007 with the Travancore-Cochin Medical Council. 4. The petitioner thereafter approached the 3rd respondent for registering her name and she submitted a requisition on 10.11.2008. Later, she obtained a 'No objection' certificate (Ext.P7) and accordingly 4th respondent cancelled the registration of the petitioner in the register of the Karnataka State Ayurvedic and Unani Practioner's Board. Subsequently, the 3rd respondent registered her name as per registration No.9831 dated 22.11.2008 (Ext.P9). Petitioner submitted the said certificate before the Public Service Commission. The petitioner seeks for a direction to the 2nd respondent to select her and included her in the rank list published for the notified post. wpc: 2748 of 2009 3 5. A counter affidavit has been filed on behalf of the Public Service Commission. It is stated that qualification required, apart from the academic qualification is 'A' class registration with the council of Indigenous Medicine of the State. It is submitted that the same is strictly in accordance with the Special Rules framed for the post as per G.O.(P) No.93/2005/H&FWD dated 05.04.2005. The registration with the Travancore Cochin Medical Council is an essential qualification as per the Special Rules. It is therefore, clear from the facts noted above that as on the last date of receipt of application namely 01.08.2007 the petitioner was not having registration with the 3rd respondent. 6. The learned counsel for the petitioner submitted that as the petitioner was having registration with the Karnataka State Ayurvedic and Unani Practioner's Board, the 4th respondent herein, the same could have been accepted even though the registration with the 3rd respondent is given later. The said argument cannot be accepted in the light of the provisions contained in the Special Rules and Notification. The wpc: 2748 of 2009 4 registration with the Travancore Cochin Medical Council is only from 22.11.2008 that is after the last date of receipt of application. It is well settled that a candidate should have the qualification for the post as on the last date of receipt of the application. Since the same is absent, the application of the petitioner cannot be accepted as valid. Therefore, none of the reliefs pointed in the writ petition is granted. The Writ Petition is dismissed. T.R.RAMACHANDRAN NAIR, JUDGE bps