Dismissed

Divya S.J. v. State of Kerala

Kerala HC10 Jul 2020OP(KAT)/204/2020

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed an original petition challenging the Kerala Administrative Tribunal's order on disputed questions in a KPSC Medical Officer (Ayurveda) selection exam. The Court held that the Expert Committee's unanimous decisions ensured a level playing field and declined to undertake a textual exercise of identifying errors under Article 227 jurisdiction.

What did the court decide?

The original petition filed challenging the order of the Kerala Administrative Tribunal in O.A. No.1920/2018 is dismissed.

Divya S.J. Vs State of Kerala — Education and Admissions | Kerala HC (2020)

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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 A.M.SHAFFIQUE

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THE HONOURABLE MR. JUSTICE GOPINATH P.

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FRIDAY, THE 10TH DAY OF JULY 2020 / 19TH ASHADHA, 1942

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OP(KAT).No.204 OF 2020

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AGAINST THE ORDER IN OA 1920/2018 DATED 19-02-2020 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM BENCH

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PETITIONERS/APPLICANTS:

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1 DIVYA S.J. AGED 32 YEARS D/O.SASEENDRA BABU V.S., T.C.14/323(5), PUTHUJANAM ROAD, KUMARAPURAM, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM - 695 011.

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2 PRADEEP SANKAR S. AGED 32 YEARS S/O.SURENDRAN P., ULPALA NIVAS, T.C.20/1866(1), KATTANVILA LANE, THAMALAM, POOJAPPURA, THIRUVANANTHAPURAM - 695012.

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BY ADVS.SRI. V. VINAY SRI.K.K.DHEERENDRAKRISHNAN, SRI. S.RAJEEV SRI.K.ANAND (A-1921)

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RESPONDENTS/RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, THULASI HILL, PATTOM PALACE P.O., THIRUVANANTHAPURAM - 695004.

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SRI. P.C. SASIDHARAN-S.C. SRI. T. RAJASEKHARAN NAIR-SR.G.P.

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THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 10.07.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(KAT).No.204/2020

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JUDGMENT

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Dated this the 10^th day of July 2020

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Shaffique, J

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This original petition has been filed challenging the order dated 19.02.2020 in O.A. No.1920/2018. The issue involved in this case is regarding the dispute raised by the petitioners with reference to certain questions in the examination conducted by the Kerala Public Service Commission (KPSC) for the purpose of selecting candidates for appointment to the post of Medical Officer (Ayurveda). The examination was conducted on 28.6.2018. The question paper had 100 questions in Optical Mark Recognition mode and answer key was published on 7.9.2018. Thereafter, some objections were brought to the notice of KPSC relating to various questions and ultimately, after decision by an Expert Committee, several questions were deleted and a revised answer key was published on 25.6.2019. While issuing the final answer key, several questions were deleted. Petitioners submit that in respect of certain questions two answers were possible and there is ambiguity in respect of answers given in the final answer key by the KPSC. The Tribunal, after considering the entire aspects of the matter formed an opinion that no attempt could be made to consider the questions and answers by referring to the text books and opinion

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O.P.(KAT).No.204/2020

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of expert decision. In so far as the petitioner was unable to demonstrate that the answers to the particular question was demonstrably wrong, it is not open for the Tribunal to interfere with the selection process.

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We heard the learned counsel for the petitioners who reiterated the contentions. According to him, after examination several questions were evaluated and deleted. Again the Expert Committee considered the objections and thereafter gave a report with reference to 13 questions, of which in respect of 12 questions they unanimously agreed in an answer and in respect of one question, namely, question No.73 they had different opinion.

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Apparently, this is a case in which an Expert Committee had examined the complaints with reference to the provisional answer key and thereafter they issued the final answer key. Still there was objection and again 3 experts were consulted and they had also given an opinion with reference to 13 other questions which are serially numbered at page 3 of the reply statement filed on behalf of the KPSC. With reference to question No.73, the same had been deleted.

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Having regard to the fact that there is unanimous opinion by the members of the Expert Committee with reference to serial Nos. 1 to 12 and since serial No.13 question has been deleted, all the candidates stands placed in the same level playing field with reference

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O.P.(KAT).No.204/2020

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to the available questions in the question paper and an evaluation could possibly be done in accordance with the procedure prescribed.

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In the light of the aforesaid factual situation, though an attempt has been made by the learned counsel for the petitioners to bring our attention to various exhibits to indicate that there is patent error, we don't think that we should be compelled to undertake such an exercise while considering the matter in the realm of jurisdiction under Article 227 of the Constitution of India.

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In the light of the aforesaid factual aspects, this original petition is dismissed.

Sd/-

A.M.SHAFFIQUE

JUDGE

Sd/-

GOPINATH P.

True copy

JUDGE

P.A. To Judge

O.P.(KAT).No.204/2020

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE O.A.NO.1920/2018 AND M.P.NO.1302/2019 ALONG WITH ANNEXURES.
ANNEXURE A1	A TRUE COPY OF NOTIFICATION DATED 14/12/2017 ISSUED BY THE 2ND RESPONDENT.
ANNEXURE A2	A TRUE COPY OF THE 1ST APPLICANT'S ADMISSION TICKET ISSUED BY THE 2ND RESPONDENT.
ANNEXURE A3	A TRUE COPY OF THE 2ND APPLICANT'S ADMISSION TICKET ISSUED BY THE 2ND RESPONDENT.
ANNEXURE A4	A TRUE COPY OF THE QUESTION BOOKLET WITH ALPHA CODE 'A' ISSUED BY THE 2ND RESPONDENT FOR THE POST OF MEDICAL OFFICER (AYURVEDA).
ANNEXURE A5	A TRUE COPY OF THE PROVISIONAL ANSWER KEY PUBLISHED ON 28/06/2018.
ANNEXURE A6	A TRUE COPY OF THE FINAL ANSWER KEY PUBLISHED ON 07/09/2018.
ANNEXURE A7	A TRUE COPY OF THE REPRESENTATION DATED 22/09/2018.
ANNEXURE A8	A TRUE COPY OF THE POSTAL RECEIPT.
ANNEXURE A9	TRUE COPY OF RELEVANT EXTRACT FROM DR.T.SREEKUMAR, TRANSLATION & COMMENTARY OF ASTANGAHRDAYA OF VAGBHATA, SUTRASTHANA CHAPTER 5, SLOKA 28-32 PAGE NO.125-126 WITH RESPECT TO QUESTION NO.11.
ANNEXURE A10	TRUE COPY OF RELEVANT EXTRACT FROM DR.RAM KARAN SHARMA & VAIDYA BHAGWAN DASH, ENGLISH TRANSLATION AGNIVESA'S CARAKA SAMHITA VOLUME VI, SIDDHI STHANA, CHAPTER 1, SLOKA 47-49, PAGE NO.167-168, WITH RESPECT TO QUESTION NO.14.
ANNEXURE A11	TRUE COPY OF RELEVANT EXTRACT FROM PROF. K.R.SRIKANTHA MURTHY, TRANSLATION OF VAGBHATA'S ASTANGA HRDYAM, VOLUME I, SUTRA STHANA, CHAPTER 19, SOLKA 63-64, PAGE
	NO.249-250 WITH RESPECT TO QUESTION NO.14.

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O.P.(KAT).No.204/2020

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ANNEXURE A12	TRUE COPY OF RELEVANT EXTRACT FROM PROF.K.R.SRIKANTHA MURTHY, TRANSLATION OF BAGBHATA'S ASTANGA SANGRAHA, VOLUME I, SUTRA STHANA, CHAPTER 29, SLOKA 08-09, PAGE 514-515 WITH RESPECT TO QUESTION NO.19.
ANNEXURE A13	TRUE COPY OF RELEVANT EXTRACT FORM HARSH MOHAN, TEXT BOOK OF PATHOLOGY, SIXTH EDITION, JAYPEE BROTHERS MEDICAL PUBLISHERS PVT.LTD., SECTION II, CHAPTER 12, PAGE NO.320-324 WITH RESPECT TO QUESTION NO.22.
ANNEXURE A14	TRUE COPY OF RELEVANT EXTRACT FROM PROF. K.R.SRIKANTHA MURTHY, TRANSLATION OF VAGBHATA'S ASTANGA HRDYAM, KRISHNADAS AYURVEDA SERIES, VOL.27, CHOWKHAMBA KRISHNADAS ACADEMY, VOLUME I, SUTRA STHANA, CHAPTER II, SLOKA 30-33 PAGE 161 WITH RESPECT TO QUESTION NO.32.
ANNEXURE A15	TRUE COPY OF RELEVANT EXTRACT FROM DR.T.SREEKUMAR, TRANSLATION & COMMENTARY OF ASTANGAHRDAYA OF VAGBHATA, SUTRA STHAND I, CHAPTER 8, SLOKA 25-26 PAGE NO.246-24728- 29.
ANNEXURE A16	TRUE COPY OF RELEVANT EXTRACT FROM PROF. K.R.SRIKANTHA MURTHY, TRANSLATION IN ENGLISH SARNGADHAR-SAMHITA BY SARNGDHARA, CHAPTER 7, SLOKA 9, PAGE NO.32 WITH RESPECT TO QUESTION NO.36.
ANNEXURE A17	TRUE COPY OF RELEVANT EXTRACT FROM KAVIRAJ KUNJILAL BHISHAGRATNA & DR.JYOTIR MITRA, ENGLISH TRANSLATION OF SUSRUTA SAMHITA, VOLUME I, SUTRA STHANA, CHAPTER 46, SLOKA 506, PAGE NO.542, WITH RESPECT TO QUESTION NO.36.
ANNEXURE 18	TRUE COPY OF RELEVANT EXTRACT FROM PROF.K.R.SRIKANTHA MURTHY, TRANSLATION OF MADHAVA NIDANA (ROGA VINISCAYA) OF MADHAVAKARA, CHAPTER NUMBER 6, SLOKA NUMBER 1-4, PAGE NO.121-123 WITH RESPECT TO QUESTION NO.36.
ANNEXURE A19	TRUE COPY OF RELEVANT EXTRACT FROM PROF.K.R.SRIKANTHA MURTHY, TRANSLATION OF MADHAVA NIDANA (ROGA VINISCAYA) OF MADHAVAKARA, CHAPTER NUMBER 26, SLOKA NUMBER 15-20, PAGE NO.99-100 WITH RESPECT

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O.P.(KAT).No.204/2020

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ANNEXURE A20	TO QUESTION NO.37. TRUE COPY OF RELEVANT EXTRACT FROM DR.P.HIMASAGARA CHANDRA MURTHY, TRANSLATION OF MADHAVA NIDANAM OF SRI.MADHAVAKARA, PURVARDDHA, PART-I, CHAPTER NO.25, SLOKA NO.12, PAGE NUMBER 274 WITH RESPECT TO QUESTION NO.40.
ANNEXURE A21	TRUE COPY OF RELEVANT EXTRACT FROM DR.RAM KARAN SHARMA & VAIDYA BHAGWAN DASH, ENGLISH TRANSLATION AGNIVESA'S CARAKA SAMHITA, VOLUME IV, CIKITSA STHANA, CHAPTER 21, SLOKA 127-131 PAGE NO.296-297 WITH RESPECT TO QUESTION NO.52.
ANNEXURE A22	TRUE COPY OF RELEVANT EXTRACT FROM PROF. K.R.SRIKANTHA MURTHY, TRANSLATION OF VAGBHATA'S ASTANGA HRDYAM, VOLUME III, UTHARA STHANA, CHAPTER 39, SLOKA 72 PAGE NO.392 WITH RESPECT TO QUESTION NO.52.
ANNEXURE A23	TRUE COPY OF RELEVANT EXTRACT FROM PROF. K.R.SRIKANTHA MURTHY, ENGLISH TRANSLATION OF SARNGADHARA SAMHITA BY SARANGADHARA, CHAPTER 9, SNEHA KALPANA, SLOKA 93-98, PAGE 124-125 WITH RESPECT TO QUESTION NO.53.
ANNEXURE A24	TRUE COPY OF RELEVANT EXTRACT FROM PROF. K.R.SRIKANTHA MURTHY, TRANSLATION OF VAGBHATA'S ASTANGA HRDYAM, VOLUME III, UTHARA STHANA, CHAPTER 2, SLOKA 54-57 PAGE NO.22 WITH RESPECT TO QUESTION NO.53.
ANNEXURE A25	TRUE COPY OF RELEVANT EXTRACT FROM PROF. K.R.SRIKANTHA MURTHY, ENGLISH TRANSLATION OF SARNGADHARA-SAMHITA BY SARANGADHARA, CHAPTER 9, SNEHA KALPANA, SLOKA 174-177, PAGE 132-133 WITH RESPECT TO QUESTION NO.56.
ANNEXURE A26	TRUE COPY OF RELEVANT EXTRACT FROM PROF. K.R.SRIKANTHA MURTHY, TRANSLATION OF VAGBHATA'S ASTANGA HRDYAM, VOLUME III, UTHARA STHANA, CHAPTER 39, SLOKA 63-64 PAGE NO.122 WITH RESPECT TO QUESTION NO.73.
ANNEXURE A27	TRUE COPY OF RELEVANT EXTRACT FROM PROF. K.R.SRIKANTHA MURTHY, ENGLISH TRANSLATION OF SARNGADHARA SAMHITA BY SARANGADHARA, CHAPTER I, PARIBHASHA, SLOKA 25, PAGE NO.18-33 WITH RESPECT TO QUESTION NO.73.

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O.P.(KAT).No.204/2020

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EXHIBIT P2	THE TRUE COPY OF THE SHORT LIST NOTIFICATION DATED 07/08/2019 FOR MEDICAL OFFICER (AYURVEDA) ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P3	THE TRUE COPY OF THE STATEMENT DATED 20/08/2019 FILED BY THE 2ND RESPONDENT IN O.A.NO.1920/2018 BEFORE THE K.A.T., THIRUVANANTHAPURAM.
EXHIBIT P4	THE TRUE COPY OF THE REJOINDER DATED 04/11/2019 FILED IN O.A.NO.1920/2018.
ANNEXURE A28	TRUE COPY OF THE REVISED FINAL ANSWER KEY DATED 25/06/2019 PUBLISHED BY THE 2ND RESPONDENT.
ANNEXURE A29	TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 1ST APPLICANT BEFORE THE 2ND RESPONDENT THROUGH THE ONLINE PORTAL.
EXHIBIT P5	THE TRUE COPY OF THE ORDER DATED 19/02/2020 IN O.A.NO.1920/2018 PASSED BY THE K.A.T., THIRUVANANTHAPURAM PRINCIPAL BENCH.
EXHIBIT P6	THE TRUE COPY OF THE QUESTION PAPER SET BY THE 2ND RESPONDENT FOR THE MEDICAL OFFICER (AYURVEDA) TEST IN 2012.
EXHIBIT P7	THE TRUE COPY OF THE QUESTION PAPER FOR THE POST OF DRUG INSPECTOR (AYURVEDA) WITH QUESTION CODE 113/2014.
EXHIBIT P8	THE TRUE COPY OF THE EXPERT OPINION GIVEN BY DR.SAKHITA, LECTURER, NATIONAL INSTITUTE OF AYURVEDA, JAIPUR DATED 13/06/2020.
EXHIBIT P9	THE TRUE COPY OF THE EXPERT OPINION GIVEN BY DR.AJAYAN, PROFESSOR AND PRESENTLY HEAD OF DEPARTMENT, ASHTAMGAM AYURVEDA CHIKITSALAYAM & VIDYAPEEDAM DATED 06/06/2020.

Divya S.J. v. State of Kerala

Case brief

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Divya S.J. v. State of Kerala

Case brief

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