IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 WP(C).No. 31687 of 2006(V) -------------------------- PETITIONER: ------------ SURJITH KUMAR, S/O.PRABHAKARAN, AGED 29, S.N. NIVAS, MANAYIL KULANGARA, THIRUMOOLAVARAM, KOLLAM. BY ADV. SRI.C.S.MANILAL RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, TRIVANRUM. 2. THE PUBLIC SERVICE COMMISSION, KERALA, REPRESENTED BY ITS SECRETARY, PATTOM, TRIVANDRUM. 3. THE SECRETARY, PUBLIC SERVICE COMMISSION, KERALA, PATTOM, TRIVANDRUM. BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31687 of 2006 APPENDIX PETITIONER'S EXHIBITS EXT.P1- TRUE COPY OF THE RELEVANT PORTION OF the NOTIFICATION PUBLISHED BY THE 2ND RESPONDENT DATED 14.11.05 EXT.P2- TRUE COPY OF THE CERTIFICATE SHOWING THAT petitioner HAD PASSED THE MBBS ISSUED FROM DONETSK STATE MEDICAL UNIVERSITY IN UKRAINE EXT.P3- TRUE COPY OF CERTIFICATE SHOWING THAT PETITIONER HAD SUCCESSFULLY UNDERGONE HOUSE SURGENCY FOR ONE YEAR, ISSUED FROM DONETSK STATE MEDICAL UNIVERSITY IN UKRAINE EXT.P4- TRUE COPY OF SCREENING TEST RESULT DATED 8.4.05 ISSUED TO THE PETITIONER FROM NATIONAL BOARD OF EXAMINATIONS EXT.P5- TRUE COPY OF ADMISSION TICKET ISSUED TO petitioner BY PSC EXT.P6- TRUE COPY OF SHORT LIST OF PUBLISHED IN PSC BULLETIN DATED 1ST OF SEPTEMBER 2006. EXT.P7- TRUE COPY OF COMMUNICATION DATED 16.9.06 ISSUED TO PETITIONER BY SECRETARY, KPSC EXT.P8- TRUE COPY OF FINAL SELECT LIST HAD BEEN PUBLISHED BY THEPSC APPEARED IN PSC BULLETIN DATED 10.11.2006 EXT.P9- TRUE COPY OF CERTIFICATE DATED 5.5.05 ISSUED TO THE PETITIONER FROM MEDICAL COUNCIL OF INDIA. EXT.P10- TRUE COPY OF CERTIFICATE OF PROVISIONAL REGISTRATION DATED 16.5.05 ISSUED TO THE PETITIONER FROM TRAVANCORE- COCHIN MEDICAL COUNCILS. EXT.P11- TRUE COPY OF REGISTRATION CERTIFICATE DATED 7.7.06 ISSUED TO THE PETITIONER FROM MEDICAL COUNCIL OF INDIA EXT.P12- TRUE COPY OF REGISTRATION CERTIFICATE NO.35534 ISSUED TO THE PETITIONER BY TRAVANCORE COCHIN MEDICAL COUNCIL FOR MODERN MEDICINE. (TRUE COPY) P.A TO JUDGE V.GIRI, J ------------------- W.P.(C). 31687/2006 -------------------- Dated this the 8th day of February, 2008 JUDGMENT PSC issued Ext.P1 notification inviting applications for the post of Assistant Surgeon in the Health Department. Qualifications as noted in the said notification can be described as follows:- 1. An M.B.B.S Degree or equivalent qualification; 2. One year house surgency or experience of one year as Demonstrator or Tutor in a hospital; 3. Permanent registration obtained from the Travancore-Cochin Medical Council under the Travancore-Cochin Medical Council Act. There is a note beneath Clause(3). It is stated therein that, the incumbents having registration from other States or from the Central Medical Council also can apply. But before actually commencing service, the appointee should get permanent registration. W.P.(C).31687/2006 2 2. Petitioner had undergone his medical Eduction in Donetsk State Medical University in the State of Ukraine, as evidenced by Ext.P3. Apparently, petitioner had thereafter, subjected himself to the screening test for Indian Nationals with Foreign Medical Qualifications in March, 2005, and he passed the same. This was required to enable him to be registered with the Medical Council of India. Ext.P9 would show that the petitioner had also got himself registered provisionally with the Medical Council of India. The provisional registration certificate made it clear that the holder shall be entitled to practice medicine in the approved institution for the purpose of training and for no other purpose. Permanent registration by the Medical Council of India came about only on 7.7.2006 as evidenced by Ext.P3. Registration under the Travancore-Cochin Medical Practitioners Act was also obtained by the petitioner but only on 22.9.2006, as evidenced by Ext.P2. Petitioner was included in the short list, but ultimately he was found to be not qualified for the post and therefore, not included W.P.(C).31687/2006 3 in the final list, which has been challenged in this writ petition. 3. Counter affidavit has been filed by the respondent supporting its stand. 4. The short question is whether the petitioner was qualified in terms of the notification. The only dispute is regarding the absence of the petitioner's registration under the T.C. Act. No doubt, even a person who was not registered as on the date of last date of receipt of application in terms of the notification could apply provided he was registered in the Medical Council of Other States or from the Central Medical council, but such persons had to obtain a registration under the Travancore-Cochin Medical Practitioner's Act before joining duty. Thus, registration from the Medical Council of other States or from the Central Medical Council, which will enable a person to be considered for appointment, should be a permanent registration. But W.P.(C).31687/2006 4 it is admitted that in so far as the the petitioner is concerned, he could get a permanent registration under the Travancore-Cochin Medical Practitioner's Act only on 22.9.2006, well after the last date for receipt of application in terms of Ext.P1. 5. Learned counsel for the petitioner submits that a note in Ext.P1 notification enabling the persons registered in other States also to be treated as qualified should be literally construed. I am unable to accept the submission. Obviously the word 'State' is used in Ext.P1 notification as to mean, States in the Indian Union and not outside India. 6. PSC is, therefore, right in considering that the petitioner is not qualified in terms of the notification. Writ petition is bereft of merit and the same is dismissed. V.GIRI, Judge mrcs W.P.(C).31687/2006 5