IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 WP(C).No. 35626 of 2003(N) --------------------------------------- PETITIONER(S): ------------------------- MRS.SHINI ZACHARIA, W/O. ZACHARIA, 39/5246-A, PLATHOTTAM, PARAMBITHARA ROAD, PANAMPILLY NAGAR, P.O. COCHIN-36. BY ADV. MR.MATHEW JOHN (K) RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HEALTH SERVICES, TRIVANDRUM. 2. THE DIRECTOR OF MEDICAL EDUCATION, TRIVANDRUM. 3. THE PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, TRIVANDRUM. 4. THE MEDICAL COUNCIL OF INDIA, REPRESENTED BY ITS REGISTRAR, AIWAN-E, GALIB MARG, KOTLA ROAD, OPPOSITE MATA SUNDARI COLLEGE FOR WOMEN), NEW DELHI-110 002. R1 & R2 BY GOVT. PLEADER SMT.T.B.REMANI R3 & R4 ADV. MR.ALEXANDER THOMAS,SC,KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C) NO.35626/2003 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE NOTIFICATION DTD. 6.8.02. P2:- COPY OF THE MINIMUM QUALIFICATION FOR TEACHERS IN MEDICAL INSTITUTIONS REGULATIONS 1998. P3:- COPY OF THE GOVERNMENT ORDER G.O.(P) 145/2000/H&F. DTD. 16.6.2000. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.35626/2003-N ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 11th day of November, 2009 J U D G M E N T The petitioner herein is a Post Graduate in Micro Biology. She passed the same in the year 1988 with second class. She has also obtained M.Phil in 1997 from Mahatma Gandhi University. Ext.P1 is the notification issued by the P.S.C inviting applications for appointment in the post of Lecturers in Micro Biology. The petitioner is aggrieved by the qualification prescribed therein which has resulted in denial of an opportunity to her. The petitioner relies upon Ext.P2 notification issued by the Medical Council of India to show that the said prescriptions are applicable from 05/12/1998. The petitioner is also relying upon Ext.P3 which relates to the fixation of pay in various posts in Medical College service. 2. Even though the writ petition was admitted, the petitioner was not granted an interim order. Therefore, it is evident that the petitioner was not considered for selection as the petitioner was not qualified. 3. In the counter affidavit filed by the P.S.C, it is pointed out that the petitioner who possessed non-medical qualification cannot raise a claim for being appointed to the post reserved for medical candidate. Therefore, the W.P.(C). No.35626/2003 -:2:- petitioner cannot have any grievance pursuant to the selection. 4. By afflux of time, the challenge against Ext.P1 fails and therefore, the writ petition is dismissed. No costs. (T.R. Ramachandran Nair, Judge.) ms