The Kerala High Court dismissed a petition challenging the Kerala Public Service Commission's refusal to accept a Diploma in General Nursing as a qualification for Junior Public Health Nurse Grade II, noting that the notification specifically prescribed shorter certificate courses.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
&
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 4TH DAY OF JUNE 2019 / 14TH JYAISHTA, 1941
OP(KAT).No. 62 of 2017
AGAINST THE ORDER IN O.A.NO.617/2015 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/RESPONDENTS:
BY SRI.P.C.SASIDHARAN, SC, KPSC
RESPONDENT/APPLICANT:
ELIZABETH THOMAS, W/O. BYJU VARGHESE, RESIDING AT MANJAMKUDY HOUSE, MUDAKKUZHA P.O., ERNAKULAM, KERALA-683546, MOB-9947224840.
BY ADVS. SRI.P.NANDAKUMAR SRI.S.ANEESH
THIS OP(KAT) HAVING BEEN FINALLY HEARD ON 31.5.2019, THE COURT ON 4.6.2019 DELIVERED THE FOLLOWING:
OP(KAT)No.62 of 2017
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Judgment
Chitambaresh, J.
recruitment to the post of Junior Public Health Nurse Grade II is as follows:
OR
Auxiliary Nurse Midwifery Certificate/Auxiliary Nurse Midwifery Certificate (Revised Course) issued by an Authority recognized by the Indian Nursing Council
OR
Health Workers Training Certificate issued by the Kerala Nurses and Midwives Council.”
The respondent has obtained a Diploma in General Nursing and Midwifery after undergoing a course of training and passing the Examination for General Nursing and Midwifery conducted by the Government of Andhra Pradesh.
OP(KAT)No.62 of 2017
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2.The refusal of the PSC to include the respondent in the shortlist on the ground of lack of qualification resulted in the filing of O.A.No.617/2015 wherein she was provisionally permitted to participate in the interview. The interim order of the Tribunal also directed the PSC to take a decision on Annexure A7 representation put in by the respondent seeking to accept the qualification. Annexure A8 order consequentially passed by the PSC refusing to treat the Diploma obtained by the respondent has been challenged by way of amendment to the Original Application.
“B. It is submitted that the reason stated in Annexure A8 by the 1st respondent that the Special Rules does not permit equivalent or higher qualification for appointment to the post of Junior Public Health Nurse Grade II is absolutely unsustainable. The Technical Qualification prescribed is only Auxiliary Nurse Midwifery (ANM) Certificate. The applicant is having Diploma in General Nursing (GNM). The said diploma in GNM is a higher qualification than ANM Certificate. It is settled law the the acquisition of a higher
OP(KAT)No.62 of 2017
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qualification pre-supposes the acquisition of the lower qualification. Therefore, the decision taken by the 1st respondent in Annexure A8 is plainly untenable and liable to be quashed.”
OP(KAT)No.62 of 2017
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the Diploma Course is of three years duration and that too in the same line. The Tribunal cannot be faulted with when it has followed Jyoti K.K. and others v. Kerala Public Service Commission and others [(2010) 15 SCC 596] in the circumstances. Ext.P6 order of the Tribunal declaring that the respondent is having the requisite qualification to participate in the selection process in the light of the uncontroverted pleadings is justified.
The original petition fails. Dismissed. No costs.
Sd/V. CHITAMBARESH, JUDGE
Sd/ASHOK MENON, JUDGE
Sha/030619
OP(KAT)No.62 of 2017
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APPENDIX
PETITIONERS' EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF TH O.A.NO.617 OF 2015 WITH ANNEXURES |
|---|---|
| EXHIBIT P2 | TRUE COPY OF REPLY STATEMENT FILED BY THE COMMISSION |
| EXHIBIT P3 | TRUE COPY OF MISCELLANEOUS APPLICATION WITH ANNEXURE |
| EXHIBIT P4 | TRUE COPY OF MISCELLANEOUS APPLICATION WITH ANNEXURE |
| EXHIBIT P5 | TRUE COPY OF MISCELLANEOUS APPLICATION WITH ANNEXURE |
| EXHIBIT P6 | TRUE COPY OF ORDER DATED 30.9.2016 IN O.A.NO.617/2015 |
RESPONDENT'S EXHIBITS
EXHIBIT R1(A) TRUE COPY OF THE M.A.FOR AMENDMENT
2 issues framed by the court
Whether a Diploma in General Nursing is equivalent to or superior to an Auxiliary Nurse Midwifery Certificate for recruitment purposes when the notification does not explicitly accept equivalent quali
Whether the Kerala Public Service Commission was justified in refusing to accept the respondent's Diploma in General Nursing as a qualification for the post of Junior Public Health Nurse Grade II.
Colour shows how this judgement treated each authority
Jyoti K.K. and others v. Kerala Public Service Commission and othersFollowed¶39
Jyoti K.K. and others v. Kerala Public Service Commission and others [(2010) 15 SCC 596] · Who else cites this
1 provisions across 1 enactments
KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY
THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION
ELIZABETH THOMAS
V. CHITAMBARESH
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
