Allowed

The Kerala Public Service Commission v. Kalpana Lawrance

Kerala HC5 Nov 2019OP(KAT)/2606/2013

Case brief

AI extract

What is this about?

The High Court dismissed an original petition challenging the Kerala Administrative Tribunal's order directing the PSC to advise the first respondent for a Health Service post. The court set aside the order due to the respondent's lack of interest and insufficient qualifications.

What did the court decide?

Set aside the order of the Tribunal; allowed the original petition without any observation on the merits of the case.

The Kerala Public Service Commission Vs… — Public Procurement and Tenders | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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TUESDAY, THE 05TH DAY OF NOVEMBER 2019 / 14TH KARTHIKA, 1941

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OP(KAT).No.2606 OF 2013(Z)

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ORDER IN OA 1625/2012 DATED 20-12-2012 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM

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PETITIONER/RESPONDENT NO.3:

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THE KERALA PUBLIC SERVICE COMMISSION REPREWSENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM.

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BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC

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RESPONDENTS/APPLICANT AND RESPONDENTS 1, 2 AND 4:

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1 KALPANA LAWRANCE W/O. RAJEESH.K.G., KALIPARAMBIL HOUSE, KATTOOR.P.O., KALAVOOR ALAPPUZHA-688546.

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2 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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3 DIRECTOR OF HEALTH SERVICES THIRUVANANTHAPURAM-695001.

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4 KERALA PARA MEDICAL COUNCIL REPRESENTED BY THE SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM.-695001.

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R1 BY ADV. SRI.KALEESWARAM RAJ R2-4 BY GOVERNMENT PLEADER

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OTHER PRESENT:

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SR.GP SRI.ANTONY MUKKATH

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THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 05.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(KAT) No. 2606 of 2013

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JUDGMENT

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K.VINOD CHANDRAN, J.

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The first respondent was directed to be advised by the Public Service Commission, which was challenged in the present original petition.

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The learned Counsel appearing for the first respondent submits that the advice, directed by the Tribunal,

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was for the post in the Health Service Department. She has already been advised from a different rank list for a similar post in the Medical Education Department.

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The learned Standing Counsel for the PSC submits that as far as the post in the Health Services Department is concerned, the qualification of the first respondent is insufficient, for it having no recognition as has been stipulated in the Special Rules. Since the first respondent is no more interested, we set aside the order of the Tribunal,

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O.P.(KAT) No. 2606 of 2013

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leaving the question open to be considered in an appropriate case. Original petition is allowed without any observation

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on the merits of the case. No order as to costs.

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Sd/-

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K.VINOD CHANDRAN JUDGE

Sd/-

V.G.ARUN JUDGE

Scl/ 5.11

O.P.(KAT) No. 2606 of 2013

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	P1. TRUE COPY OF NO. 1625 OF 2012.	ORIGINAL APPLICATION
ANNEXURE A1	TRUE COPY OF THE DATED 13.11.2008.	GAZETTE NOTIFICATION
ANNEXURE A2	TRUE COPY OF THE RADIOLOGICAL TECH CERTIFICATE.	B.SC. (MRT) (MEDICAL NOLOGY) DEGREE
ANNEXURE A3	TRUE COPY OF THE POST OF RADIOGRAP	RANKED LIST FOR THE HER GR.II.
ANNEXURE A4	TRUE COPY OF THE	APPOINTMENT CHART.
ANNEXURE A5	TRUE COPY OF THE	MEMO DATED 2.5.2012.
ANNEXURE A6	TRUE COPY OF G.O. FWD DATED 13.1.20	(S) NO. 15/2005/H & 05.
ANNEXURE A7	TRUE COPY OF THE 16.3.2012.	ORDER DATED
ANNEXURE A8	TRUE COPY OF THE 18.1.2012.	LETTER DATED
ANNEXURE A9	TRUE COPY OF THE 17.2.2012.	LETTER DATED
ANNEXURE A10	TRUE COPY OF THE 25.4.2012.	LETTER DATED
ANNEXURE A11	TRUE COPY OF THE SMT.VEENA.S.S.	APPOINTMENT CHART OF

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O.P.(KAT) No. 2606 of 2013

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-5-

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EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE PETITIONER. EXHIBIT P3 TRUE COPY OF THE ORDER IN O.A.1625 OF 2012 OF THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL. EXHIBIT P4 TRUE COPY OF THE REVIEW APPLICATION. EXHIBIT P4(A) TRUE COPY OF PETITIONER TO CONDONE THE DELAY.

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EXHIBIT P5 TRUE COPY OF THE ORDER IN M.A NO. 738 OF 2013 IN UNNUMBERED R.A ..... OF 2013.

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RESPONDENT'S/S EXHIBITS:

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EXHIBIT R1 A TRUE COPY OF THE LETTER DATED 5.12.2013 ISSUED BY THE GOVERNMENT SECRETARY.

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EXHIBIT R1 B TRUE COPY OF THE LETTER DATED 12.12.2013 ISSUED BY THE REGISTRAR OF THE MAHATMA GANDHI UNIVERSITY TO THE PSC ALONG WITH THE LIST OF UNIVERSITIES/INSTITUTIONS.

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EXHIBIT R1 C TRUE COPY OF THE REPLY DATED 31.12.2013 FROM THE ATOMIC ENERGY REGULATORY BOARD TOGETHER WITH A COPY OF THE LETTER DATED 16.3.2012 ISSUED BY THE RADIOLOGICAL SAFETY DIVISION UNDER THE GOVERNMENT OF KERALA.

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EXHIBIT R1 D TRUE COPY OF THE DETAILS OBTAINED FROM THE OFFICIAL WEBSITE OF THE KERALA PARA MEDICAL COUNCIL.

The Kerala Public Service Commission v. Kalpana Lawrance

Case brief

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What did the court decide?

The Kerala Public Service Commission v. Kalpana Lawrance

Case brief

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