Fayazkhan H.K., Vs the Director of Medical & Health Services, Kavaratti

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

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WEDNESDAY, THE 21ST DAY OF FEBRUARY 2024 / 2ND PHALGUNA, 1945

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OP (CAT) NO.83OF 2016

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AGAINST THE ORDER OA 737/2010 OF CENTRAL ADMINISTRATIVE
TRIBUNAL,ERNAKULAM BENCH

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PETITIONER/S:

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1FAYAZKHAN H.K.,
AGED 29 YEARS
S/O.HASSAINAR, AFSANATH HOUSE, AMINI ISLAND, UNION
TERRITORY OF LAKSHADWEEP
2NOORJAHAN B.H,
W/O.SALIH, BAYTHULLHUDA HOUSE, AMINI ISLAND,UNION
TERRITORY OF LAKSHADWEEP.
BY ADVS.
M.P.KRISHNAN NAIR
R.SUDHIR
MATHAI M PAIKADAY(SR.)
RAJESWARI KRISHNAN
SEEMA KRISHNAN
M.J.WILFRED DAS

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O.P.(CAT).No.83/2016

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RESPONDENT/S:

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1THE DIRECTOR OF MEDICAL & HEALTH SERVICES, KAVARATTI
UNION TERRITORY OF LAKSHADWEEP, KAVARATTI 682555.
2THE ADMINISTRATOR,
UNION TERRITORY OF LAKSHADWEEP,KAVARATTI - 682555.
3NASEER.L,
S/O.ABDUL RAHUMAN KOYA, STAFF NURSE,COMMUNITY HEALTH
CENTRE, AGATTI ISLAND,UNION TERRITORY OF LAKSHADWEEP
682553.
4C.P.MUHAMMED AZHRUDHEEN,
STAFF NURSE, INDIRA GANDHI HOSPITAL,KAVARATTI
ISLAND, UNION TERRITORY OFLAKSHADWEEP - 682555.
5KERALA NURSES MIDWIVES COUNCIL,
RED CROSS ROAD, THIRUVANANTHAPURAM - 695035.REP. BY
ITS REGISTRAR.
6THE TAMILNADU NURSES AND MIDWIVES COUNCIL,
NO.140, SANTHOME HIGH ROAD, CHENNAI - 600004.REP. BY
ITS REGISTRAR.
BY ADVS.
SHRI.MANU.S, DSGI, SCGC, ADMINISTRATION OF THE UNION
TERRITORY OF LAKSHADWEEP
SRI.SREELAL N.WARRIER
SMT.K.P.AMBIKA
N.RAGHURAJ
SMT.R.JAGADA BAI
SRI.MANU.S, CGC, ADMINISTRATION OF THE UNION
TERRITORY OF LA
R.JAGADA BAI
SHRI.SAJITH KUMAR V., SC, LAKSHADWEEP ADMINISTRATION
P.K.IBRAHIM
A.L.NAVANEETH KRISHNAN
A.A.SHIBI
MARTIN G.THOTTAN

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THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 06.02.2024,
THE COURT ON 21.02.2024 DELIVERED THE FOLLOWING:

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O.P.(CAT).No.83/2016

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A.MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ.

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O.P.(CAT).No.83/2016 “C.R.”

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Dated this the 21st day of February, 2024

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J U D G M E N T

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A.Muhamed Mustaque, J.

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This original petition raises a question as to the scope of
adjudication by the Central Administrative Tribunal (CAT)
concerning the genuineness of the certificates produced by the
candidates for the purpose of selection to the post of Staff
Nurse in the service covered under the Administrative Tribunals
Act.

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2. The original application was filed by the petitioners
herein challenging selection of respondents 3 and 4 to the post
of staff nurse under the Lakshadweep Administration, alleging

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that the appointments were irregular and illegal. Respondent

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O.P.(CAT).No.83/2016

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No.3 was selected to the post of staff nurse. He possessed a
Diploma in General Nursing and Midwifery and was registered under
Kerala Nurses and Midwives Council, a statutory body. Respondent

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No.4 had obtained a similar diploma and was registered with the
Tamil Nadu Nurses and Midwives Council. Now, the dispute is
centered around the genuineness of the certificates issued by
the statutory authorities. The employment notice issued
stipulates that the candidates must have registration with the
Nursing Council.

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3. The notification was issued on 12/2/2007. The

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challenge was raised before the Tribunal in the year 2010. The
Tribunal refused to interfere with the matter noting delay.

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The review application was also dismissed. There upon, a
challenge was made before this Court in O.P.(KAT).No.1490/2012.

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This Court set aside the orders of the Tribunal and directed the
Tribunal to dispose of the main matter on merits, treating the
delay as condoned. The Kerala Nurses and Midwives Council was
also suo motu impleaded by this Court in

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O.P.(KAT).No.1490/2012. The matter was reheard by the Tribunal

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after impleading Tamil Nadu Nursing Midwives Council as
well. The Kerala Nursing and Midwives Council affirmed the

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O.P.(CAT).No.83/2016

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issuance of registration. The Tamil Nadu Nursing and Midwives
Council also affirmed the registration. Noting the above, the
Tribunal repelled the challenge. The Tribunal particularly noted
that it has no jurisdiction to enquire into any allegation of
violation of rules in issuing certificates by the Council.

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4. When a statutory Council accords registration, it has
to be presumed that all acts have been done in compliance with
the Rules. As rightly noted by the Tribunal, it cannot entertain
a direct challenge as against the validity of the certificate;
such a dispute will not fall within the jurisdiction, powers and
authority of the Central Administrative Tribunal under Section
14 of the Administrative Tribunal Act, 1985. In a matter like
this, a distinction has to be drawn between a direct challenge
and collateral challenge regarding the validity of

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qualifications. A direct challenge must be relatable to service
matters, including matters concerning recruitment. In that
process, the Tribunal has power to collaterally consider
challenges to the qualification. However, the Tribunal has no
jurisdiction to entertain a direct challenge regarding genuinity
of a qualification, as it has nothing to do with recruitment or
service of such candidates. The challenge in those circumstances

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O.P.(CAT).No.83/2016

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is in regard to the validity of the qualification and it has
nothing to do with the matters competent to be adjudicated by
the Tribunal. The substantial issue in this matter is between
the registration granted by the statutory authority and a
complaint against such registration by a third party. Therefore,
this is not a matter raising a collateral challenge but a direct
challenge contending that registration was granted in violation
of the rules.

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5. The petitioner in yet another challenge contended on

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the ground that selected candidates produced originals of their
credentials after the cut-off date, and therefore, any proof of
educational qualifications produced after 12/3/2007, the cut off
date fixed in the notification, was inadmissible. We perused
the notification. It only states about producing and attaching
copy of certificates and marklist etc. There was no requirement
of producing originals along with application. The petitioner
has no case that the selected candidates will have to produce
the originals before the cut-off date.

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O.P.(CAT).No.83/2016

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In the above circumstances, we affirm the order of the Tribunal. The original petition fails, and it is accordingly, dismissed. Sd/-

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 A.MUHAMED MUSTAQUE, JUDGE

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Sd/-

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 SHOBA ANNAMMA EAPEN, JUDGE

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ms

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O.P.(CAT).No.83/2016

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APPENDIX OF OP (CAT) 83/2016

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`PETITIONE`	`R EXHIBITS`
`Exhibit P`	`3`	`EXT.P-3: TRUE COPY OF THE REPLY STATEMENT` `DT.26.2.2011 FILED BY RESPONDENT NOS.1 AND` `2 WITH ANNEXURES`
`ANNEXURE`	`R1(d)`	`TRUE COPIES OF THE DOCUMENTS PRODUCED BY` `THE 4TH RESPONDENT ALONG WITH ANNEXURE R-`
		`1(C).`
`ANNEXURE`	`R1(c)`	`TRUE COPY OF THE APPLICATION SUBMITTED BY` `THE 4TH RESPONDENT.`
`ANNEXURE`	`R1(b)`	`TRUE COPY OF THE LETTER SUBMITTED BY THE` `3RD RESPONDENT.`
`ANNEXURE`	`R1 (a)`	`TRUE COPY OF THE APPLICATION AND` `CERTIFICATES OF TECHNICAL QUALIFICATIONS` `OF 3RD RESPONDENT.`
`EXHIBIT P`	`1`	`EXT.P-1: TRUE COPY OF THE ORDER DATED` `26.6.2015 IN OA 737/2010 OF THE CENTRAL`
		`ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.`
`EXHIBIT P`	`2`	`EXT.P-2: TRUE COPY OF THE OA NO.737/2010` `FILED BEFORE THE C.A.T. ERNAKULAM.`
`ANNEXURE`	`A-23`	`TRUE COPY OF THE REPRESENTATION D` `T.26.2.2010 SUBMITTED BY THE APPLICANT.`
`ANNEXURE`	`A-22`	`TRUE COPY OF THE REPRESENTATION DATED 26-` `2-2010.`
`ANNEXURE`	`A-21`	`TRUE COPY OF THE REPRESENTATION DATED 9-2-` `2010.`
`ANNEXURE`	`A-20`	`TRUE COPY OF THE REPRESENTATION DATED 1-3-` `2008.`
`ANNEXURE`	`A-19`	`TRUE COPY OF THE ORDER F.NO.5/2/2007-DMHS` `(1) DT.13-6- 2007.`
`ANNEXURE`	`A-18`	`TRUE COPY OF THE ORDER F.NO.5/2/2007-DMHS` `DT.7-6-2007.`
`ANNEXURE`	`A-17`	`TRUE COPY OF THE ORDER F.NO.5/2/2007-DMHS` `DT.22.9.2007.`
`ANNEXURE`	`A-16`	`TRUE COPY OF THE ORDER F.NO.5/2/2007-DMHS` `(2) 2718 DT.22.9.2007.`
`ANNEXURE`	`A-15`	`TRUE COPY OF THE ORDER F.NO.5/2/2007-DMHS` `(2) 2717 DT.22.9.2007.`
`ANNEXURE`	`A-14`	`TRUE COPY OF OFFICE ORDER F.NO.5/2/2007` `DMHS DATED 4-6-2007 ISSUED BY THE 1ST` `RESPONDENT.`
`ANNEXURE`	`A-13`	`TRUE COPY OF THE PROVISIONAL REGISTRATION`
		`CERTIFICATE DT.31-1-2007 VALID UPTO 30-1-` `2008 IN RESPECT OF THE 4TH RESPONDENT.`

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O.P.(CAT).No.83/2016

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`ANNEXURE A-12`	`TRUE COPY OF THE MARK LIST DT.23-3-07 GURU`
	`RAGHAVENDHRA PARA MEDICAL INSTITUTION,` `GURU RAGHAVENDRA HOSPITAL.`
`ANNEXURE A-11`	`TRUE COPY OF THE COURSE CERTIFICATE IN` `RESPECT OF THE 3RD RESPONDENT DATED 21-3-` `2007.`
`ANNEXURE A-10`	`TRUE COPY OF THE CERTIFICATE OF` `REGISTRATION IN RESPECT OF 3RD RESPONDENT` `DT.23-3-2007.`
`ANNEXURE A-9`	`TRUE COPY OF THE DETAILS OF THE CANDIDATES` `FOR SELECTION HELD ON 29-5-2007.`
`ANNEXURE A-8`	`TRUE COPY OF THE LETTER NO.16/1/2007-DMHS` `DT.6-7-2010.`
`ANNEXURE A-7`	`TRUE COPY OF THE PROCEEDINGS OF SELECTION` `BOARD DT.29-5-2007.`
`ANNEXURE A-6`	`TRUE COPY OF THE F.NO.5/2/2007-DMHS (2)` `DATED 12-2-2007.`
`ANNEXURE A-5`	`TRUE COPY OF THE CERTIFICATE OF` `REGISTRATION OF THE 2ND APPLICANT.`
`ANNEXURE A-4`	`TRUE COPY OF THE DIPLOMA CERTIFICATE DT.3-` `4-2007 IN RESPECT OF THE 2ND APPLICANT.`
`ANNEXURE A-3`	`TRUE COPY OF THE CERTIFICATE OF` `REGISTRATION DT.15-2-2007 OF THE 1ST` `APPLICANT.`
`ANNEXURE A-2`	`TRUE COPY OF THE DIPLOMA CERTIFICATE IN` `GENERAL NURSING AND MIDWIFERY OF THE 1ST` `APPLICANT.`
`ANNEXURE A-1`	`TRUE COPY OF THE NOTIFICATION F.NO.5/15` `2011-DMHS/2697 DT.6-6-2002.`
`EXHIBIT P4`	`EXT.P-4: TRUE COPY OF THE REJOINDER` `DT.25TH OCTOBER, 2011 SUBMITTED BY THE` `PETITIONERS`
`EXHIBIT P5`	`EXT.P-5: TRUE COPY OF THE ADDL.REPLY` `STATEMENT, DATED 25.10.2011 FILED BY THE` `RESPONDENT NOS.1 AND 2`
`EXHIBIT P6`	`EXT.P-6: TRUE COPY OF THE JUDGEMENT DATED` `26.6.2013 IN OP(CAT) NO.1490/2012 OF THIS` `HON'BLE COURT.`
`EXHIBIT P7`	`EXT.P-7: TRUE COPY OF THE MA NO.835/2013` `SUBMITTED BY THE PETITIONERS BEFORE CAT.`
`ANNEXURE A-29`	`TRUE COPY OF THE BRIEF SYNOPSIS AND LIST` `OF DATES SUBMITTED BEFORE THE HON'BLE HIGH` `COURT IN OP (CAT) NO.1490/2012.`
`ANNEXURE A-28`	`TRUE COPY OF THE REPLY AFFIDAVIT FILED BY` `THE APPLICANTS TO THE AFFIDAVIT FILED BY` `THE ADDITIONAL 5TH RESPONDENT IN OP (CAT)` `NO.1490/2012.`

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O.P.(CAT).No.83/2016

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`ANNEXURE A-27`	`TRUE COPY OF THE AFFIDAVIT FILED BY THE`
	`ADDITIONAL 5TH RESPONDENT IN THE OP (CAT)` `NO.1490/2012.`
`ANNEXURE A-26`	`TRUE COPY OF THE ORDER DT.5-11-09 IN OA` `NO.152/2008.`
`ANNEXURE A-25`	`TRUE COPY OF THE OA NO.152/2008 FILED BY` `P.K.ASHRAF BEFORE THE HON'BLE TRIBUNAL.`
`ANNEXURE A-24`	`TRUE COPY OF THE EXTRACT OF THE OFFICE` `NOTES/SELECTION PROCEDURE ADOPTED BY THE` `LAKSHADWEEP ADMINISTRATION.`
`EXHIBIT P8`	`EXT.P-8: TRUE COPY OF THE REPLY STATEMENT`
	`FILED BY THE 4TH RESPONDENT ON 14.10.2013` `IN OA 737/10`
`ANNEXURE R4 (b)`	`TRUE COPY OF THE COURSE COMPLETION` `CERTIFICATE OF DIPLOMA IN GENERAL NURSING` `& MIDWIFERY/`
`ANNEXURE R4(a)`	`TRUE EXTRACT OF THE REGISTER MAINTAINED BY` `SREE GURU RAGHAVENDRA MEMORIAL INSTITUTION` `RECORDING THE MARKS.`
`EXHIBIT P9`	`EXT.P-9: TRUE COPY OF THE REJOINDER FILED`
	`BY THE PETITIONERS TO THE REPLY STATEMENT` `OF 4TH RESPONDENT`
`ANNEXURE A-30`	`TRUE COPY OF THE LETTER ISSUED BY THE` `TAMIL NADU NURSES & MIDWIVES COUNCIL.`
`EXHIBIT P10`	`EXT.P-10: TRUE COPY OF THE REJOINDER FILED` `BY THE PETITIONERS TO THE ADDITIONAL REPLY` `STATEMENT FILED BY THE RESPONDENTS 1 AND` `2.`
`ANNEXURE A-31`	`TRUE COPY OF THE LETTER DT.17.09.10 ISSUED` `BY THE ADMINISTRATION UNDER RTI ACT.`
`EXHIBIT P11`	`EXT.P-11: TRUE COPY OF THE MISCELLANEOUS` `APPLN.FILED BY THE 4TH RESPONDENT IN OA` `NO.737/10`
`ANNEXURE R4(d)`	`TRUE COPY OF THE CERTIFICATE OF`
	`REGISTRATION ISSUED BY TAMIL NADU NURSES &` `MIDWIFES COUNCIL DATED 19-12-2007.`
`ANNEXURE R4(c)`	`TRUE COPY OF THE CERTIFICATE DATED 29-09-` `2007 ISSUED BY SREE GURU RAGHAVENDRA` `MEMORIAL INSTITUTION.`
`EXHIBIT P12`	`EXT.P-12: TRUE COPY OF THE REPLY STATEMENT` `FILED BY THE PETITIONERS TO THE MISC.`
	`APPLICATION FILED BY THE 4TH RESPONDENT`
`EXHIBIT P13`	`EXT.P-13: TRUE COPY OF THE REPLY STATEMENT`
	`FILED BY THE 3RD RESPONDENT ON 26.10.2013` `IN OA 737/10`

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O.P.(CAT).No.83/2016

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`EXHIBIT P14`	`EXT.P-14: TRUE COPY` `BY THE PETITIONERS` `FILED BY THE 3RD RE`	`OF THE REJOINDER FILED` `TO THE REPLY STATEMENT` `SPONDENT`
`EXHIBIT P15`	`EXT.P-15: TRUE COPY`	`OF THE ADDITIONAL`
	`AFFIDAVIT FILED BY` `13.10.2014`	`THE 5TH RESPONDENT ON`
`EXHIBIT P16`	`EXT.P-16: TRUE COPY` `BY THE PETITIONERS` `AFFIDAVIT FILED BY`	`OF THE REJOINDER FILED` `TO THE ADDITIONAL` `THE 5TH RESPONDENT`
`EXHIBIT P17`	`EXT.P-17: TRUE COPY`	`OF THE COUNTER`
	`AFFIDAVIT FILED BY` `OA NO.737/10`	`THE 6TH RESPONDENT IN`
`EXHIBIT P18`	`EXT.P-18: TRUE COPY` `BY THE PETITIONERS`	`OF THE REJOINDER FILED` `TO THE COUNTER`
	`AFFIDAVIT FILED BY`	`THE 6TH RESPONDENT`
`EXHIBIT P19`	`EXT.P-19: TRUE COPY`	`OF THE SYNOPSIS AND`
	`ARGUMENT NOTE SUBMI`	`TTED BY THE PETITIONERS`
	`ON 4.3.2014 IN OA N`	`O.737/2010`

Fayazkhan H.K., v. the Director of Medical & Health Services, Kavaratti

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Fayazkhan H.K., v. the Director of Medical & Health Services, Kavaratti

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