The bench held that fixing an outer age limit for entry to postgraduate medical courses does not constitute exclusion from education depriving fundamental rights. The court found the distinction between teachers and rural service candidates to be a valid policy decision.
The writ appeal filed by the appellant was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN
&
THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH
“C. R.”
THURSDAY, THE 23RD DAY OF OCTOBER 2014/1ST KARTHIKA, 1936
WA.No. 1484 of 2014 ( ) IN WP(C).22363/2014
AGAINST THE JUDGMENT IN WP(C) 22363/2014 of HIGH COURT OF KERALA DATED 10-10-2014
APPELLANT/PETITIONER IN THE WPC
DR.SHAJI KUTTY, AGED 47 YEARS, S/O.R.KRISHNANKUTTY, MEDICAL OFFICER GOVERNMENT HOMOEO DISPENSARY, SEETHATHODE PATHANAMTHITTA DISTRICT, RESIIDNG AT SHAHANA, MUKKOLA MULLOOR P.O., VIZHINJAM, THIRUVANANTHAPURAM.
BY ADVS. SRI.D.KISHORE
SMT.MINI GOPINATH
RESPONDENTS/RESPONDENTS IN THE WPC
BY SR. GOVERNMENT PLEADER SRI.P.I.DAVIS
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23-10-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
THOTTATHIL B. RADHAKRISHNAN & BABU MATHEW P. JOSEPH, JJ.
W. A. No.1484 of 2014
“C. R.”
Dated this the 23rd day of October, 2014
JUDGMENT
Thottathil B. Radhakrishnan, J.
Heard learned counsel for the appellant and the learned Government Pleader.
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clause 4.b is available only to teachers of Homoeopathy Medical Colleges apart from SC/ST candidates. The appellant, who is now aged more than 45 years, challenges the term of the prospectus fixing 45 years as on 01-01-2014 as the upper age limit. The learned single Judge dismissed that plea.
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that merely because the candidate has applied in terms of the prospectus, there is no question of estoppel building up against him. Reference was made to Bishambhar Dayal Chandra Mohan v. State of U.P. [(1982) 1 SCC 39] to say that discrimination may work out on the basis of the fact situation in hand. The decision of this Court in K.A.Babu and Ors. v. State of Kerala & Ors. [1987 (1) KLT 730] and that of the Orissa High Court in Ashok Kumar Mishra v. State of Orissa and Ors. (AIR 2012 Ori. 153) were referred to point out that exclusion from stream of education by fixing a cut-off limit, as to age, is unconstitutional.
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45 years of age limit is the fixed criterion that operates as far as all candidates are concerned. Relaxation is given up to five years for SC/ST candidates. That cannot be impeached because, that is a relaxation given in support of that weaker section of the society. Another relaxation of five years is granted only for teachers of Homoeopathic Medical Colleges. Adverting to the clauses which relate to reservation of seats among teachers working in Homoeopathic Medical Colleges, it can be seen that there are two groups of colleges which fall separately under clauses 5.4.a and 5.4.b of Ext.P2 prospectus. Clause 5.4.a deals with two seats reserved for teachers in the three private Homoeopathic Medical Colleges. 5.4.b deals with three seats for teachers working in Government Homoeopathic Medical Colleges. While making such reservation, the prospectus has also made a choice of the subjects and the zones from which a particular teacher could come for Post Graduate education with the support of such reservation. That is a need based reservation. The teachers of Homoeopathic Medical Colleges, Government and private, are taken as a homogeneous group for the
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purpose of relaxation of age limit. That is only in furtherance of the need based reservation made for teachers of Homoeopathic Medical Colleges. That is not basically a reservation in favour of somebody, but it is a reservation having regard to the need of the institutions, and such reservation will be guided by the policy of the Government in that regard. In their wisdom, the competent authority would not have provided any age relaxation for the rural service candidates. That again, is a matter of policy. Not only that, if one were to examine clause 5.5 of the prospectus, it would show that the prospects of future availability in service is also a concern addressed through that clause.
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be considered as an exclusion from education which will enable a person to carry on with an avocation, profession or trade. Hence, there is no question of deprivation of fundamental rights in terms of the Constitution of India, in the case in hand.
In the result, this writ appeal is dismissed.
Sd/- THOTTATHIL B. RADHAKRISHNAN JUDGE
Sd/- BABU MATHEW P. JOSEPH JUDGE
kns/-
//TRUE COPY//
P.A. TO JUDGE
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2 issues framed by the court
Whether the 45-year age limit posted in the prospectus for postgraduate homoeopathy courses for rural service candidates infringes fundamental rights.
Whether the executive can validly fix an outer age limit for admission to postgraduate degree courses without being bound by the relaxation granted to college teachers.
Colour shows how this judgement treated each authority
Saurabh Jain v. State of KeralaReferred¶36
[2011(1) KLT 888]
Bishambhar Dayal Chandra Mohan v. State of U.P.Referred¶36
[(1982) 1 SCC 39] · Who else cites this
K.A. Babu and Ors. v. State of Kerala & Ors.Referred¶36
[1987 (1) KLT 730]
Ashok Kumar Mishra v. State of Orissa and Ors.Referred¶36
(AIR 2012 Ori. 153) · Who else cites this
1 provisions across 1 enactments
Dr. Shaji Kutty
State of Kerala
Commissioner of Entrance Examinations
Principal and Controlling Officer, Dept. of Homeopathic Medical Education
Director of Homoeopathy
District Medical Officer (Homeo)
Thottathil B. Radhakrishnan
Babu Mathew P. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
