Dismissed

Ashiq Mohammed, v. the State of Kerala

Kerala HC19 Jan 2023OP(KAT)/354/2022

Case brief

AI extract

What is this about?

This judgment dismisses an original application filed by an applicant rejected for a post of Ayurveda Therist Society Sanks and Abhandana University Expert Certificate obtained child specialized university judgment explicitly held that said diploma was not sufficient qualification as the recruitment rules specified both that it must be through the state government course; therefore the tribunal or

What did the court decide?

The OP (KAT) fails and is dismissed with no relief granted to the applicant.

Ashiq Mohammed, Vs the State of Kerala — Service and Employment | Kerala HC (2023)

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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.K.JAYASANKARAN NAMBIAR

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THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

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THURSDAY, THE 19^TH DAY OF JANUARY 2023 / 29TH POUSHA, 1944

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OP(KAT) NO. 354 OF 2022

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AGAINST THE ORDER/JUDGMENT DATED 3.1.2022 IN OA 2393/2018 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM

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PETITIONER/APPLICANT:

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ASHIQ MOHAMMED, AGED 26 YEARS

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S/O. MOHAMMED HASHIM, RESIDING AT PARADAYIL, PADA NORTH, KARUNAGAPPALLY, KOLLAM DISTRICT., PIN – 691518

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BY ADVS.

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SRI.B.KRISHNA MANI SMT.N.V.SANDHYA SMT.DHANUJA M.S

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RESPONDENTS/RESPONDENTS:

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1 THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVAANTHAPURAM DISTRICT , PIN – 695001

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2 THE DIRECTOR OF MEDICAL EDUCATION(AYURVEDA), AROGYA BHAVAN, M.G. ROAD, GPO, THIRUVANANTHAPURAM DISTRICT, PIN – 695004

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3 THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, P.O. THIRUVANANTHAPURAM DISTRICT, KERALA , PIN – 695004

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4 THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, ANDAMUKKOM, KOLLAM, KERALA, PIN – 691001

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5 SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY, ERNAKULAM DISTRICT-683574, REPRESENTED BY THE REGISTRAR, KERALA., PIN - 683574

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OP(KAT). No.354 of 2022

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BY ADV DINESH MATHEW J MURIKAN BY SR. GOVERNEMNT PLEADER SRI. B UNNIKRISHNA KAIMAL SRI.P.C.SASIDHARAN, SC

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THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 19.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(KAT). No.354 of 2022

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JUDGMENT

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A.K.Jayasankaran Nambiar, J.

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The applicant in O.A No.2393 of 2018 is the petitioner herein aggrieved by the order dated 03.01.2022 in the said O.A.

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The brief facts necessary for the disposal of the OP(KAT) are as follows:

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The applicant had approached the Tribunal aggrieved by the rejection of his application for the post of Ayurveda Therapist in the Indian System of Medicine/Insurance Medical Service/Ayurveda Medical Colleges notified by the Kerala Public Service Commission. (hereinafter referred to as 'the PSC'). The qualifications required for the post were: i) Pass in SSLC or equivalent qualification and ii) Pass in Ayurveda Therapist Course conducted by the Government of Kerala. It was not in dispute that the petitioner had satisfied the first qualification requirement of a pass in SSLC or equivalent qualification. The PSC, however, found that the certificates produced by the petitioner, which showed that he had a Diploma in Ayurveda Panchakarma and International Spa Therapy from Sree Sankaracharya University of Sanskrit at Kalady, did not evidence the possession of the second qualification prescribed of a pass in Ayurveda Therapist Course

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OP(KAT). No.354 of 2022

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conducted by the Government of Kerala. The claim of the petitioner before the Tribunal, as also before us, is that the Diploma Course conducted by the Sree Sankaracharya University of Sanskrit at Kalady must be taken as one that is conducted by the Government of Kerala inasmuch as the University in question is one that is constituted under an Act of the Kerala Legislature. The Tribunal, after consideration of the said contention, found that the stand of the PSC that the applicant did not possess the qualifications prescribed in the notification, and that there was no provision to accept any equivalent qualification, was correct in law and did not require to be interfered with. The Tribunal, therefore, rejected the Original Application as devoid of merits.

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Before us, Sri.B.Krishna Mani the learned counsel appearing on behalf of the petitioner, reiterated the averments made before the Tribunal and also emphasized that when a Degree or a Diploma is granted by an University that is constituted under an Act of the Kerala Legislature, then the said Degree/Diploma should be seen as one awarded by the Government of Kerala itself. We are afraid, we cannot accept the said submission of the learned counsel. It is trite that it is for the employer to stipulate the qualifications to be possessed by an employee that he wishes to recruit. In the instant case, the Recruitment Rules in question, the contents of which were extracted in the

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OP(KAT). No.354 of 2022

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notification issued by the PSC, clearly stipulated that the qualification required for the post was, inter alia, a Pass in the Ayurveda Therapist Course conducted by the Government of Kerala. Since the reference to the qualification is specific when it says that it had to be a Course conducted by the Government of Kerala, we cannot accept the submission of Sri.Krishna Mani that the Diploma in Ayurveda Panchakarma and International Spa Therapy from Sree Sankaracharya University of Sanskrit at Kalady satisfies the requirements of the Recruitment Rules. This is more so when the Recruitment Rule does not provide for the consideration of 9an equivalent qualification to the Course conducted by the Government of Kerala. Thus, in any view of the matter, we see no reason to interfere with the impugned order of the Tribunal. The OP(KAT) fails and is accordingly dismissed.

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Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE

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Sd/- MOHAMMED NIAS C.P. JUDGE

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mns

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OP(KAT). No.354 of 2022

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APPENDIX OF OP(KAT) 354/2022

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PETITIONER EXHIBITS

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Exhibit1	A TRUE COPY OF THE KERALA THIRUVANANTHAPU	THE O.A. ADMINIS RAM	NO.2393/201 TRATIVE	8 BEFORE TRIBUNAL
Exhibit-P2	A TRUE CO	PY OF	THE OR	DER IN
	O.A.NO.2393/201 ADMINISTRATIVE DATED 3-1-2022	8 BEFO TRIBUNAL	RE THE THIRUVANAN	KERALA THAPURAM
Exhibit-P3	A TRUE COPY NO.272/2018/HED	OF TH N DATED 1	E ORDER 3-11-2018 I	G.O(MS) SSUED BY
	THE HIGHER GOVERNMENT OF K	EDUCATIO ERALA	N(B) DEP	ARTMENT,
Exhibit-P4	A TRUE COPY O.A.NO.2393/201 ADMINISTRATIVE DATED 1-7-2019	OF THE M 8 BEFO TRIBUNAL	.A.NO.1397/ RE THE THIRUVANAN	2019 IN KERALA THAPURAM
Exhibit-P5	A TRUE COPY	OF THE	M.A.NO.97/	2020 IN
	O.A.NO.2393/201	8 BEFO	RE THE	KERALA
	ADMINISTRATIVE DATED 14-1-2020	TRIBUNAL	THIRUVANAN	THAPURAM
Exhibit-P6	A TRUE COPY O.A.NO.2393/201 ADMINISTRATIVE DATED 16-12-202	OF THE M 8 BEFO TRIBUNAL 0	.A.NO.1866/ RE THE THIRUVANAN	2020 IN KERALA THAPURAM

Ashiq Mohammed, v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Ashiq Mohammed, v. the State of Kerala

Case brief

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