IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 23RD SEPTEMBER 2010 / 1ST ASWINA 1932 WP(C).No. 18401 of 2010(A) -------------------------- PETITIONER(S): --------------- SMT.GRACE GEORGE THANDIAKKAL, ASSISTANT SURGEON, TALUK HEAD QUARTERS HOSPITAL, CHALAKUDY, RESIDING AT THANDIYEKKAL HOUSE, NEAR POLICE STATION, CHALAKUDY, THRISSUR. BY ADV. SRI.A.D.SHAJAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT, HEALTH SERVICES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE SECRETARY, KPSC, PATTOM, THIRUVANANTHAPURAM. 4. UNDER SECRETARY, SECRET SECTION, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. ADV.ALEXANDER THOMAS, SC GOVT. PLEADER SHRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 18401 of 2010 ================== Dated this the 23rd day of September, 2010 J U D G M E N T Pursuant to Ext.P2 notification inviting applications for the post of Assistant Surgeon in the Health Services Department of the Government of Kerala, the petitioner applied. The last date for submitting applications was 31.10.2007. The qualifications for the post were; 1. Degree in Modern Medicine or equivalent qualification 2. Permanent Registration in Class A of Modern Medicine with Travancore Cochin Medical Council. At the time of submitting the application, the petitioner had only provisional registration from the Medical Council and not permanent registration. The petitioner produced the certificate of provisional registration. Based on the same, the petitioner's candidature was processed and he was selected and appointed to the post. Subsequently, invoking Rule 3(c) of the Kerala State and Subordinate Service Rules, show cause notice was issued to the petitioner directing her to show cause why her name should not be removed from the rank list and her advice should not be cancelled, on the ground that the petitioner did not have the prescribed qualification as on the last date for submitting applications. The petitioner submitted her objections. w.p.c.18401/10 2 After considering the same, by Ext.P14, it was cancelled. It is under the above circumstances, the petitioner has filed this writ petition. 2. The reason stated in Ext.P14 for cancelling the petitioner's advice is that the petitioner did not have the second qualification of permanent A Class registration with the Travancore Cochin Medical Council as on the last date for submitting applications. The petitioner's permanent registration certificate has been produced by the petitioner as Ext.P5. That shows that the petitioner got permanent registration only on 22.1.2008. The last date for submitting applications as per Ext.P2 was 31.10.2007. Therefore, clearly as on the last date for submitting applications, the petitioner did not have the second qualification prescribed in the notification inviting applications. Therefore, I do not find any infirmity in the action of the PSC in issuing Ext.P14 order directing removal of her name from the rank list and cancelling the advice of the petitioner to the post in question. Therefore, there is no merit in the writ petition and accordingly, the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.18401/10 3