IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 25TH FEBRUARY 2011 / 6TH PHALGUNA 1932 WP(C).No. 3240 of 2011(D) ----------------------------------- PETITIONER: -------------------- DR KANNAN RAJENDRAN, AGED 25 YEARS, S/O.P.RAJENDRAN, 37/1228, SREERAGAM, RAGAMALLIKAPURAM, KOTTAPURAM, THRISSR-680 004. BY ADVS. SRI.T.RAMPRASAD UNNI, SRI.RAHUL VENUGOPAL. RESPONDENTS: ------------------------ 1. THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS SECRETARY. 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM- 695 001. 3. THE TRAVANCORE COCHIN COUNCIL OF MODERN MEDICINE, RED CROSS ROAD, THIRUVANANTHAPURAM-695 035, REPRESENTED BY ITS REGISTRAR. R1 BY GOVERNMENT PLEADER SHRI.SANDESH RAJA. R2 BY ADV.SHRI.ALEXANDER THOMAS, SC. R3 BY ADV.SRI.N.RAGHURAJ, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 3240 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of February, 2011 J U D G M E N T Petitioner is the holder of a degree of Bachelor of Medicine and Bachelor of Surgery obtained from the University of Calicut. Pursuant to the notification issued by the Kerala Public Service Commission inviting applications for direct recruitment to the post of Assistant Surgeon in the Health Services Department, the petitioner submitted an application. But his candidature has been cancelled by the Public Service Commission on the ground that the petitioner does not possess the prescribed qualifications as on the last date for submitting applications. The petitioner is challenging the same. 2. According to the petitioner, the petitioner has all the requisite qualifications as on the last date stipulated for submitting applications. The reason stated by the PSC in Ext.P3 is that the last date for submitting applications were 18.08.2010, and the petitioner obtained the registration with the Travancore Cochin Medical Council only on 28.08.2010, subsequent to the last date prescribed for submitting applications. The contention of the petitioner is that he submitted his application for registration on 10.08.2010 and the petitioner cannot be found fault with for the delay of the Council in issuing the registration. The petitioner submits W.P.(C) No.3240 of 2011 -2- that once it is proved that the petitioner has a registration at the time of interview that would be sufficient in those circumstances. 3. The Standing Counsel for the PSC submits that the issue involved in this writ petition is squarely covered by a Division Bench decision of this Court in W.A. No.2730/2009 and, therefore, there is no merit in the contentions of the petitioner. I have considered the rival contentions in detail. 4. I am satisfied that the issue is squarely covered by the Division Bench decision of this Court in W.A. No.2730/2009. That was a case where the recruitment was to the post of Junior Public Health Nurse, Grade II, for which post also, registration with the Kerala Nurses and Midwives Council was a requisite qualification. The Division Bench found that the stand of the PSC that the registration which is a requisite qualification, obtained after the last date for submitting applications cannot be accepted as sufficient, cannot be found fault with. Accordingly, following that Division Bench decision, I dismiss this writ petition. S. SIRI JAGAN JUDGE KRK