Harilal.P.K. v. Kerala Public Service Commission

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH FRIDAY, THE 20TH DAY OF DECEMBER 2013/29TH AGRAHAYANA, 1935 OP(KAT).No. 4653 of 2013 (Z) ----------------------------- AGAINST THE ORDER/JUDGMENT IN OA 2252/2013 of KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM DATED 04.10.2013 PETITIONER(S)/PETITIONER:

------------------------------------------------ HARILAL.P.K., AGED 30 YEARS S/O.KARUNAKARAN. P.K., PONNRASSERI HOUSE MOOKUTHALA P.O., MALAPPURAM DISTRICT - 679 574. BY ADV. SMT.SANDHYA RAJU RESPONDENT(S)/RESPONDENTS:

---------------------------------------------------- 1.

KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, THULASI HILLS PATTOM PALACE P.O., PATTOM THIRUVANANTHAPURAM - 695 004.

2.

THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE CIVIL STATION, MALAPPURAM - 679 001.

3.

THE REGISTRAR KERALA NURSES AD MIDWIVES COUNCIL, RED CROSS ROAD THIRUVANANTHAPURAM - 695 035.

BY SRI.P.C.SASIDHARAN, SC, KPSC SRI.NOBLE MATHEW, SR.GOVERNMENT PLEADER THIS OP (KAT) HAVING COME UP FOR ADMISSION ON 20-12-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(KAT).No. 4653 of 2013 (Z) ----------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 : COPY OF THE MEMORANDUM OF O.A.2252/13. EXHIBIT P2 : COPY OF THE ORDER IN O.A.NO.2252/2013 BEFORE THE KAT, THIRUVANANTHAPURAM.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL //True Copy// PA to Judge.

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THOTTATHIL B.RADHAKRISHNAN & BABU MATHEW P.JOSEPH, JJ.

.................................................................... OP(KAT) No.4653 of 2013 .................................................................... Dated this the 20th day of December, 2013.

J U D G M E N T

Thottathil B.Radhakrishnan, J.

Petitioner became qualified in Nursing from the State of Karnataka. Though he had registration under the Karnataka Council, as on the last date of receipt of applications as per Annexure-A1 notification of the Public Service Commission, he did not possess certificate of registration with the Kerala Nurses and Midwives Council as Nurse. That requirement is a mandatory one in terms of the prescribed qualifications. The last date of receipt of applications was 08.09.2010. Admittedly, registration was granted to the petitioner by the Kerala Nurses and Midwives Council as Nurse only thereafter. In this view of the matter, the Tribunal was justified in saying that the applicant has been rightly weeded out by the PSC in the last round of verification. We find no legal infirmity or jurisdictional error in the order of the Tribunal warranting interference under Articles 226 and 227 of the Constitution of India.

OP(KAT)4653/13 -2This original petition fails.

In the result, this original petition is dismissed. (THOTTATHIL B.RADHAKRISHNAN, JUDGE) (BABU MATHEW P. JOSEPH, JUDGE) jg