IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 1ST JUNE 2007 / 11TH JYAISHTA 1929 OP.No. 1383 of 2003(M) ---------------------------------- PETITIONERS: --------------------- 1. HARESSH KUMAR M.R., KADUKKARA PUTHEN VEEDU, TC 42/1451M SREE VARAHAM, VALLAKKADAVU, THIRUVANANTHAPURAM-8. 2. K.MURUGAN, THOPUVILA PUTHEN VEEDU, KUNNATHUKAL, KARAKONAM P.O., THIRUVANANTHAPURAM. 3. SUDHEESH KUMAR, ROHINI, VENGODU, PANACHAMOODU P.O., NEYYATINKARA, THIRUVANANTHAPURAM. 4. V.M.MUJEEB RAHMAN, ARAVAYALKUZHY HOUSE, NIRAPPIL, PARAYAMUTTAM P.O., NEDUMANGAD, THIRUVANANTHAPURAM. BY ADV. SRI.K.P.DANDAPANI RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, MEDICAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 3. THE DIRECTOR OF MEDICAL EDUCATION, OFFICE OF THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC for R2 SRI.(Dr.).K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR BY GOVERNMENT PLEADER SRI. P. NANDAKUMAR for R1 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 01/06/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO.1383/2003 M ORDER ON I.A.NO.1592, 12422/2003 AND CMP.NO.2383/2003 IN OP.NO.1383/2003 DISMISSED 01.06/2007 SD/- K.BALAKRISHNAN NAIR, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF NATIONAL TRADE CERTIFICATE ISSUED IN FAVOUR OF THE 1ST PETITONER. EXT.P2: COPY OF NATIONAL TRADE CERTIFICATE ISSUED IN FAVOUR OF THE 2ND PETITIONER. EXT.P3: COPY OF NATIONAL TRADE CERTIFICATE ISSUED IN FAVOUR OF THE 3RD PETITIONER. EXT.P4: COPY OF NATIONAL TRADE CERTIFICATE ISSUED IN FAVOUR OF THE 4TH PETITIONER. EXT.P5: COPY OF NOTIFICATION, VIDE NO.R&A1(3) 15741/99/GV PUBLISHED IN GAZETTE DTD. 8/06/99. EXT.P6: COPY OF THE RANK LIST SFOR THE POST OF REHABILITATION TECHNICIAN GR.II IN THE MEDICAL EDUCATION DEPARTMENT. EXT.P7: COPY OF GOVERNMENT ORDER, VIDE NO.G.O.MS.NO.296/71/HEALTH DTD. 20/09/1971 ISSUED BY GOVT. OF KERALA. EXT.P8: COPY OF SHOW CAUSE NOTICE NO.R1A(2)25941/2001/GW DTD. 22/05/2003 ISSUED BY THE 2ND RESPONDENT TO THE 4TH PETITIONER. EXT.P9: COPY OF ORDER G.O.(MS) NO.286/73/HEALTH DTD.1/12/1973 OF THE 1ST RESPONDENT. EXT.P10: COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM. EXT.P11: COPY OF COMMUNICATION DTD. 17/09/2003 FROM THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM TO THE PETITIONER. /TRUE COPY/ Kss K.BALAKRISHNAN NAIR, J. ----------------------------------------- O.P. NO. 1383 OF 2003-M ----------------------------------------- JUDGMENT The petitioners were candidates who applied for the post of Rehabilitation Technician Grade II (Prosthetics). Though, they were included in the rank-list, they were not advised. Feeling aggrieved by the delay in advising them, this Original Petition was filed. During the pendency of the O.P., they were served with Ext.P11 and similar show- cause notices, proposing to remove them from Part II of the rank-list of candidates containing the second alternative qualification. The second alternative qualification is Trade Certificate in Prosthetics (I.T.I.). But, the petitioners were having Trade Certificate in Carpentry (I.T.I.). Ext.P5 notification also specifies the qualification as Trade Certificate in Prosthetics (I.T.I.). So, the petitioners do not have the notified qualification and therefore, they are not entitled to be included in the rank-list or considered for appointment. In the result, the Original Petition fails and it is dismissed. 1st June, 2007. K.BALAKRISHNAN NAIR, JUDGE. Nm/ 2 K.BALAKRISHNAN NAIR,J. ------------------------------------ O.P. NO.1383/2003-M ------------------------------------ JUDGMENT 1.6.2007.