IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 WP(C).No. 4616 of 2005(Y) ------------------------- PETITIONER: ------------ DR.SATHISH CHANDRA, CHANDRODAYAM, KILIKOLLOOR, KOLLAM-691 004. BY ADV. SRI.G.SHRIKUMAR SRIS.SUKUMAR SRIJACOB CHANDY (VELIYATH) RESPONDENTS: ------------- 1. THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE TRAVANCORE-COCHIN MEDICAL COUNCIL (COUNCIL OF MODERN MEDICINE), REPRESENTED BY ITS REGISTRAR. BY ADV. SRI.N.RAGHURAJ, SC, TCMC & KNMC FOR R2 SRI.ALEXANDER THOMAS,SC,KPSC FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2- WP(C).No. 4616 of 2005 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF PROVISIONAL REGISTRATION CERTIFICATE DATED 20.12.2000 EXT.P2: TRUE COPY OF RELEVANT PORTION OF NOTIFICATION PUBLISHED IN THE KERALA GAZETTE DATED 18.12.2001 EXT.P3: TRUE COPY OF LETTER DATED 04.02.2002 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT EXT.P4: TRUE COPY OF ADMISSION TICKET EXT.P5: TRUE COPY OF NOTICE OF INTERVIEW DATED 22.7.2004 EXT.P6: TRUE COPY OF APPLICATION DATED 1.11.2002 SUBMITTED BY THE PETITIONER TO DEPUTY SECRETARY OF EXAMINATION OF PSC EXT.P7: TRUE COPY OF COMMUNICATION DATED 19.01.2005 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER EXT.P8: TRUE COPY OF CERTIFICATE OF PERMENENT REGISTRATION. /TRUE COPY/ P.A. TO JUDGE V.GIRI,J. ------------------------- W.P ( C) No.4616 of 2005 -------------------------- Dated this the 20th June, 2008 J U D G M E N T Petitioner completed his MBBS Degree from the Calicut University in the year 2000 and registered his name with the Travancore-Cochin Medical Council on 20.12.2000. Exhibit P1 Provisional Registration Certificate evidences the said fact. Public Service Commission issued Exhibit P2 notice dated 18.12.2001 inviting applications for the post of Assistant Surgeon in the Health Services. Last date for submission of application was 13.2.2002. Petitioner submits that there was a declared Government employees strike from 6.2.2002 and therefore he was not able to produce the Permanent Registration Certificate issued by the Travancore -Cochin Medical Council along with the application. But petitioner had submitted his application along with necessary documents including Exhibit-P1 Provisional Registration Certificate. Admittedly petitioner was called for the written test which W.P ( C) No.4616 of 2005 2 according to him, he performed well and was invited for interview. Petitioner did not have a Permanent Registration Certificate on the date of the application. Though he possessed the said certificate - Exhibit P8 dated 26.3.2002 - at the time of interview and written test, the non-inclusion of the petitioner in the rank list was challenged in the writ petition. 2. A counter affidavit has been filed on behalf of the 1st respondent. 3. I heard learned counsel for the petitioner Mr.G.Shrikumar and learned standing counsel for the Public Service Commission Mr.Alexander Thomas. 4. Sri.Shrikumar contends that the actual issuance of certificate of Permanent Registration got delayed only because of reasons beyond the control of the petitioner. Though there is a provision in the notification that the Permanent Registration of Travancore-Cochin Medical Council is one of the qualifications to be possessed on the date of the application, in this case, apart from the fact that petitioner was provisionally registered as evidenced by W.P ( C) No.4616 of 2005 3 Exhibit-P8, there is nothing which stood in the way of eligibility to be permanently registered in the Travancore- Cochin Medical Council prior to the last date of the application. Therefore, once Exhibit-P8 Permanent Registration Certificate was produced before the Public Service Commission at the time of interview, it is relatable to the completion of the petitioner's internship immediately after the acquisition of the MBBS Degree. PSC ought to have accepted Exhibit-P8 as sufficient in terms of the notification it is contended. 5. Learned standing counsel for the PSC submits that permanent registration of the Travancore-Cochin Medical Council is one of the qualifications prescribed in the notification and the notification also prescribes that the qualifications must have been possessed by the applicant on the last date of application. Reference is made to the judgment of the Supreme Court in Mehaboob Razool Vs. Public Service Commission [1995 (2) KLT 718] & Ms. Rekha Chaturvedi Vs. University of Rajasthan and Others [1993(1) JT SC 220]. W.P ( C) No.4616 of 2005 4 6. I would have considered the contentions on merits, but for the the fact that the list is already exhausted and new rank list has also come into force. But I am not in a position to outrightly reject the contention raised by the petitioner. I do not think it is necessary to proceed to consider the contentions on merits. Accordingly, the writ petition is closed. (V.GIRI, JUDGE) ma W.P ( C) No.4616 of 2005 5 W.P ( C) No.4616 of 2005 6