Petitioners challenged a KPSC erratum renaming Senior Lecturer in Pharmacy as Assistant Professor, seeking to apply after the original notification's application deadline had passed. The tribunal had rejected this; the court upheld that position, noting only nomenclature changed with no change in qualifications, and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 26TH DAY OF FEBRUARY 2024 / 7TH PHALGUNA, 1945
OP(KAT) NO. 191 OF 2023
AGAINST THE ORDER DATED 04.04.2023 IN OA 585/2023 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/APPLICANTS:
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ANANDA BHAVAN KOTTUKALKONAM, KATTACHALKUZHI P.O., KERALA., PIN – 695 501.
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BY ADVS. M.SASINDRAN ZEENA S.FERNANDEZ SURESH WILFRED
RESPONDENTS/RESPONDENTS:
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THIRUVANANTHAPURAM, KERALA., PIN – 695 004
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*ADDITIONAL RESPONDENT NOS.4 TO 26 ARE IMPLEADED AS PER ORDER DATED 26.02.2024 IN IA NO.1 OF 2024 IN O.P.(KAT)NO.191 OF 2023.
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*ADDITIONAL RESPONDENT NOS.27 TO 34 ARE IMPLEADED AS PER ORDER DATED 26.02.2024 IN IA NO.4 OF 2024 IN O.P.(KAT)NO.191 OF 2023.
BY ADVS. SIMLA PRABHAKARAN A.L.NAVANEETH KRISHNAN MAHIN PRABHAKARAN ASWATHY KRISHNAN
SRI. A.J. VARGHEESE SR GP
O.P.(KAT)No.191 of 2023
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THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 26.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(KAT)No.191 of 2023
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J U D G M E N T
A. Muhamed Mustaque, J.
The petitioners are the applicants before the Kerala Administrative Tribunal. They challenged the erratum notification issued by the Kearla Public Service Commission (for short “KPSC”). KPSC issued Annexure A1 notification to the post of Senior Lecturer in Pharmacy in medical service as early as on 29.12.2017. The last date for receipt of application was on 31.01.2018. Thereafter, the KPSC issued Annexure A2 erratum notification on 05.09.2022, changing the nomenclature as Assistant Professor in Pharmacy instead of Senior Lecturer in Pharmacy. The petitioners submits that they should also be given an opportunity to apply for the post based on erratum notification. This was not accepted by the tribunal for the reason that the last date for receiving the applications was on 31.01.2018. It is to be noted that nomenclature alone has been changed and there is no change in the qualification prescribed for the post.
In such circumstances, it is not possible to accept the
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petitioners' request to receive their application after the last date fixed for receiving the application in the original notification. We find absolutely no merit in this original
petition, and the same is accordingly dismissed.
Sd/-
A.MUHAMED MUSTAQUE JUDGE
Sd/-
SHOBA ANNAMMA EAPEN JUDGE
PR
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O.P.(KAT)No.191 of 2023
APPENDIX OF OP(KAT) 191/2023
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE NOTIFICATION VIDE CATEGORY NO.561/2017 DATED 29-12-2017 PUBLISHED BY THE 2ND RESPONDENT Annexure A2 A TRUE COPY OF THE ERRATUM NOTIFICATION NO.GR1A2/4/2019-KPSC DATED 5.9.2022 PUBLISHED BY THE 2ND RESPONDENT. Annexure A3 A TRUE COPY OF TENTATIVE EXAMINATION SCHEDULE FOR POSTS NOTIFIED UPTO31.12.2022 ISSUED BY THE CONTROLLER OF EXAMINATIONS, KERALA PUBLIC SERVICE COMMISSION DATED 14.2.2023. Annexure A4 A TRUE COPY OF EXAMINATION PROGRAMME FOR THE MONTH OF MAY 2023 ISSUED BY THE CONTROLLER OF EXAMINATIONS, KERALA PUBLIC SERVICE COMMISSION DATED 17.2.2023. Annexure A5 THE TRUE COPY OF THE CERTIFICATE OF MASTER OF PHARMACY IN PHARMACOGNOSY ISSUED BY THE FACULTY OF PHARMACEUTICAL SCIENCES, KERALA UNIVERSITY OF HEALTH SCIENCES OF THE 1ST APPLICANT DATED 28.1.22. Annexure A6 THE TRUE COPY OF THE CERTIFICATE OF MASTER OF PHARMACY IN PHARMACY PRACTICE ISSUED BY THE FACULTY OF PHARMACEUTICAL SCIENCES, KERALA UNIVERSITY OF HEALTH SCIENCES OF THE 2ND APPLICANT DATED 28.4.2018.
Annexure A7 THE TRUE COPY OF THE CERTIFICATE OF MASTER OF PHARMACY IN PHARMACOLOGY ISSUED BY THE FACULTY OF
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PHARMACEUTICAL SCIENCES, KERALA UNIVERSITY OF HEALTH SCIENCES OF THE 3RD APPLICANT DATED 28.1.2021.
Annexure A8 THE TRUE COPY OF THE CERTIFICATE OF MASTER OF PHARMACY IN PHARMACEUTICAL CHEMISTRY ISSUED BY THE FACULTY OF PHARMACEUTICAL SCIENCES, KERALA UNIVERSITY OF HEALTH SCIENCES OF THE 4TH APPLICANT DATED 28.1.2021.
Annexure A9 THE TRUE COPY OF THE CERTIFICATE OF MASTER OF PHARMACY IN PHARMACEUTICAL CHEMISTRY ISSUED BY THE FACULTY OF PHARMACEUTICAL SCIENCES, KERALA UNIVERSITY OF HEALTH SCIENCES OF THE 5TH APPLICANT DATED28.1.2021.
Annexure A10 THE TRUE COPY OF THE CERTIFICATE OF MASTER OF PHARMACY IN PHARMACY PRACTICE ISSUED BY THE FACULTY OF PHARMACEUTICAL SCIENCES, KERALA UNIVERSITY OF HEALTH SCIENCES OF THE 6TH APPLICANT DATED 28.4.2018.
Annexure A11 THE TRUE COPY OF THE CERTIFICATE OF MASTER OF PHARMACY IN PHARMACEUTICAL CHEMISTRY ISSUED BY THE FACULTY OF PHARMACEUTICAL SCIENCES, KERALA UNIVERSITY OF HEALTH SCIENCES OF THE 7TH APPLICANT DATED 12.7.2022.
Annexure A12 THE TRUE COPY OF THE CERTIFICATE OF MASTER OF PHARMACY IN PHARMACEUTICS ISSUED BY THE FACULTY OF PHARMACEUTICAL SCIENCES, KERALA UNIVERSITY OF HEALTH SCIENCES OF THE 8TH APPLICANT DATED 3.12.2018.
Annexure A13 THE TRUE COPY OF THE CERTIFICATE OF MASTER OF PHARMACY IN PHARMACY PRACTICE ISSUED BY THE FACULTY OF PHARMACEUTICAL SCIENCES, THE KERALA UNIVERSITY OF HEALTH SCIENCES OF THE
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9TH APPLICANT DATED 12.7.2022.
Annexure A14 THE TRUE COPY OF THE CERTIFICATE OF MASTER OF PHARMACY IN PHARMACEUTICS ISSUED BY THE FACULTY OF PHARMACEUTICAL SCIENCES, THE KERALA UNIVERSITY OF HEALTH SCIENCES OF THE 10TH APPLICANT DATED 12.7.2022.
Annexure A15 THE TRUE COPY OF THE CERTIFICATE OF MASTER OF PHARMACY IN PHARMACY PRACTICE ISSUED BY THE FACULTY OF PHARMACEUTICAL SCIENCES, THE KERALA UNIVERSITY OF HEALTH SCIENCES OF THE 11TH APPLICANT DATED 3.12.2018.
Annexure A16 THE TRUE COPY OF THE CERTIFICATE OF MASTER OF PHARMACY IN PHARMACEUTICAL CHEMISTRY ISSUED BY THE FACULTY OF PHARMACEUTICAL SCIENCES, THE KERALA UNIVERSITY OF HEALTH SCIENCES OF THE 12TH APPLICANT DATED 28.1.2021.
Annexure A17 THE TRUE COPY OF THE CERTIFICATE OF MASTER OF PHARMACY IN PHARMACOLOGY ISSUED BY THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES OF THE 13TH APPLICANT DATED 26.3.2019.
Annexure A18 THE TRUE COPY OF THE CERTIFICATE OF MASTER OF SCIENCE (PHARM.) ISSUED BY THE NATIONAL INSTITUTE OF PHARMACEUTICAL EDUCATION & RESEARCH, KOLKATA OF THE 14TH APPLICANT DATED 4.9.2017.
Annexure A19 THE TRUE COPY OF THE CERTIFICATE OF MASTER OF PHARMACY IN PHARMACEUTICS ISSUED BY THE FACULTY OF PHARMACEUTICAL SCIENCES, THE KERALA UNIVERSITY OF HEALTH SCIENCES OF THE 15TH APPLICANT DATED 25.4.2022.
Annexure A20 THE TRUE COPY OF THE CERTIFICATE OF
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MASTER OF PHARMACY IN PHARMACEUTICAL ANALYSIS ISSUED BY THE FACULTY OF PHARMACEUTICAL SCIENCES, THE KERALA UNIVERSITY OF HEALTH SCIENCES OF THE 16TH APPLICANT DATED 12.7.2022.
Annexure A21 THE TRUE COPY OF THE CERTIFICATE OF MASTER OF PHARMACY IN PHARMACEUTICS ISSUED BY THE FACULTY OF PHARMACEUTICAL SCIENCES THE KERALA UNIVERSITY OF HEALTH SCIENCES OF THE 17TH APPLICANT DATED 29.4.2019.
Annexure A22 THE TRUE COPY OF THE CERTIFICATE OF MASTER OF PHARMACY IN PHARMACEUTICAL CHEMISTRY ISSUED BY AMRITA VISHWA VIDYAPEETHAM OF THE 18TH APPLICANT DATED 16.8.2019.
Annexure A23 THE TRUE COPY OF THE CERTIFICATE OF MASTER OF PHARMACY IN PHARMACOGNOSY ISSUED BY THE FACULTY OF PHARMACEUTICAL SCIENCES, THE KERALA UNIVERSITY OF HEALTH SCIENCES OF THE 19THAPPLICANT DATED 12.7.2022.
Annexure A24 THE TRUE COPY OF THE CERTIFICATE OF MASTER OF PHARMACY IN PHARMACOLOGY ISSUED BY THE FACULTY OF PHARMACEUTICAL SCIENCES THE KERALA UNIVERSITY OF HEALTH SCIENCES OF THE 20TH APPLICANT DATED 12.7.2022.
Annexure A25 THE TRUE COPY OF THE CERTIFICATE OF MASTER OF PHARMACY IN PHARMACEUTICS ISSUED BY THE FACULTY OF PHARMACEUTICAL SCIENCES, THE KERALA UNIVERSITY OF HEALTH SCIENCES OF THE 21ST APPLICANT DATED 12.7.2022.
Annexure A26 THE TRUE COPY OF THE CERTIFICATE OF MASTER OF PHARMACY IN PHARMACEUTICAL CHEMISTRY ISSUED BY THE FACULTY OF PHARMACEUTICAL SCIENCES, THE KERALA
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UNIVERSITY OF HEALTH SCIENCES OF THE 22ND APPLICANT DATED 28.1.2021.
Annexure A27 THE TRUE COPY OF THE CERTIFICATE OF MASTER OF PHARMACY IN PHARMACOGNOSY AND PHYTOCHEMISTRY ISSUED BY THE FACULTY OF PHARMACEUTICAL SCIENCES, THE KERALA UNIVERSITY OF HEALTH SCIENCES OF THE 23RD APPLICANT DATED 28.1.2021.
Annexure A28 THE TRUE COPY OF THE CERTIFICATE OF MASTER OF PHARMACY IN PHARMACEUTICAL CHEMISTRY ISSUED BY THE FACULTY OF PHARMACEUTICAL SCIENCES, THE KERALA UNIVERSITY OF HEALTH SCIENCES OF THE 24TH APPLICANT DATED 30.8.2019.
Annexure A29 A TRUE COPY OF APPLICATION DATED 27.1.2023 SEEKING INFORMATION UNDER THE RIGHT TO INFORMATION ACT SUBMITTED BY ONE LAYA.L TO PRINCIPAL ,PHARMACY COLLEGE, ACADEMY OF PHARMACEUTICAL SCIENCE, GOVERNMENT MEDICAL COLLEGE, KANNUR.
Annexure A29(a) A TRUE COPY OF THE REPLY DATED 24.2.2023 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER OF GOVERNMENT MEDICAL COLLEGE.
Annexure A30 A TRUE COPY OF APPLICATION DATED 27.1.2023 SEEKING INFORMATION UNDER THE RIGHT TO INFORMATION ACT SUBMITTED BY ONE LAYA.L TO PRINCIPAL ,PHARMACY COLLEGE, ACADEMY OF PHARMACEUTICAL SCIENCE, GOVERNMENT MEDICAL COLLEGE, KOTTAYAM.
Annexure A30(a) A TRUE COPY OF THE REPLY DATED 16.2.2023 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER OF GOVERNMENT MEDICAL COLLEGE, KOTTAYAM.
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Annexure A31 A TRUE COPY OF APPLICATION DATED 27.1.2023 SEEKING INFORMATION UNDER THE RIGHT TO INFORMATION ACT SUBMITTED BY ONE LAYA.L TO THE PRINCIPAL ,PHARMACY COLLEGE, ACADEMY OF PHARMACEUTICAL SCIENCE, GOVERNMENT MEDICAL COLLEGE, ALLAPUZHA. Annexure A31(a) A TRUE COPY OF THE REPLY DATED 27.2.2023 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER OF GOVERNMENT MEDICAL COLLEGE, ALLAPUZHA Annexure A32 A TRUE COPY OF APPLICATION DATED 27.1.2023 SEEKING INFORMATION UNDER THE RIGHT TO INFORMATION ACT SUBMITTED BY ONE LAYA. PRINCIPAL ,PHARMACY COLLEGE, ACADEMY OF PHARMACEUTICAL SCIENCE, GOVERNMENT MEDICAL COLLEGE,KOZHIKODE. Annexure A 32(a) A TRUE COPY OF THE REPLY DATED 14.2.2023 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER OF GOVERNMENT MEDICAL COLLEGE, KOZHIKODE. Annexure A 33 THE TRUE COPY OF REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT BY THE 1ST APPLICANT DATED 30.03.2023. Annexure A33(a) THE TRUE COPY OF POSTAL RECEIPT DATED 1.4.2023. Annexure A34 THE TRUE COPY OF REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT BY THE 2ND APPLICANT DATED 30.03.2023. Annexure A 34(a) THE TRUE COPY OF POSTAL RECEIPT DATED 1.4.2023. Annexure A35 THE TRUE COPY OF REPRESENTATION SUBMITTED BEFORE 2ND RESPONDENT BY THE
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3RD APPLICANT DATED 30.03.2023. Annexure A35(a) THE TRUE COPY OF POSTAL RECEIPT DATED 1.4.2023. Annexure A36 THE TRUE COPY OF REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT BY THE 4TH APPLICANT DATED 30.03.2023. Annexure 36(a) THE TRUE COPY OF POSTAL RECEIPT DATED 1.4.2023. Annexure A37 THE TRUE COPY OF REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT BY THE 5TH APPLICANT DATED 30.03.2023. Annexure 37(a) THE TRUE COPY OF POSTAL RECEIPT DATED 1.4.2023. Annexure A38 THE TRUE COPY OF REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT BY THE 6TH APPLICANT DATED 30.03.2023. Annexure A38(a) THE TRUE COPY OF POSTAL RECEIPT DATED 1.4.2023. Annexure A39 THE TRUE COPY OF REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT BY THE 7TH APPLICANT DATED 30.03.2023. Annexure A39(a) THE TRUE COPY OF POSTAL RECEIPT DATED 1.4.2023. Annexure A 40 THE TRUE COPY OF REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT BY THE 8TH APPLICANT DATED 30.03.2023. Annexure A 40(a) THE TRUE COPY OF POSTAL RECEIPT DATED 1.4.2023. Annexure A41 THE TRUE COPY OF REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT BY
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THE 9TH APPLICANT DATED 30.03.2023. Annexure A41(a) THE TRUE COPY OF POSTAL RECEIPT DATED 1.4.2023. Annexure A42 THE TRUE COPY OF REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT BY THE 10TH APPLICANT DATED 1.4.2023. Annexure A 42(a) THE TRUE COPY OF POSTAL RECEIPT DATED 1.4.2023. Annexure A43 THE TRUE COPY OF REPRESENTATION SUBMITTED BEFORE 2ND RESPONDENT BY THE 11TH APPLICANT DATED 30.03.2023. Annexure A43(a) THE TRUE COPY OF POSTAL RECEIPT DATED 1.4.2023. Annexure A44 THE TRUE COPY OF REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT BY THE 12TH APPLICANT DATED 31.03.2023. Annexure A44(a) THE TRUE COPY OF POSTAL RECEIPT DATED 1.4.2023. Annexure A45 THE TRUE COPY OF REPRESENTATION SUBMITTED BEFORE 2ND RESPONDENT BY THE 13TH APPLICANT DATED 31.03.2023. Annexure A45(a) THE TRUE COPY OF POSTAL RECEIPT DATED 1.4.2023. Annexure A46 THE TRUE COPY OF REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT BY THE 14TH APPLICANT DATED 31.03.2023. Annexure A46(a) THE TRUE COPY OF POSTAL RECEIPT DATED 1.4.2023. Annexure A 47 THE TRUE COPY OF REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT BY
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THE 15TH APPLICANT DATED 31.03.2023. Annexure A47(a) THE TRUE COPY OF POSTAL RECEIPT DATED 1.4.2023. Annexure A48 THE TRUE COPY OF REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT BY THE 16TH APPLICANT DATED 01.04.2023 Annexure A49 THE TRUE COPY OF REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT BY THE 17TH APPLICANT DATED 31.03.2023. Annexure A 49(a) THE TRUE COPY OF POSTAL RECEIPT DATED 1.4.2023. Annexure 50 THE TRUE COPY OF REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT BY THE 18TH APPLICANT DATED 31.03.2023. Annexure 50(a) THE TRUE COPY OF POSTAL RECEIPT DATED 1.4.2023. Annexure 51 THE TRUE COPY OF REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT BY THE 19TH APPLICANT DATED 31.03.2023. Annexure A51(a) THE TRUE COPY OF POSTAL RECEIPT DATED 1.4.2023. Annexure A52 THE TRUE COPY OF REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT BY THE 20TH APPLICANT DATED 31.03.2023. Annexure A52(a) THE TRUE COPY OF POSTAL RECEIPT DATED 1.4.2023. Annexure A53 THE TRUE COPY OF REPRESENTATION SUBMITTED BEFORE THE2ND RESPONDENT BY THE 21ST APPLICANT DATED 27.1.2023. Annexure A53(a) THE TRUE COPY OF ACKNOWLEDGMENT CARD
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DATED 27.1.2023.
Annexure A54 THE TRUE COPY OF REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT BY THE 22ND APPLICANT DATED 31.03.2023. Annexure A54(a) THE TRUE COPY OF POSTAL RECEIPT DATED 1.4.2023. Annexure A55 THE TRUE COPY OF REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT BY THE 23RD APPLICANT DATED 31.03.2023. Annexure A55(a) THE TRUE COPY OF POSTAL RECEIPT DATED 1.4.2023. Annexure A56 THE TRUE COPY OF REPRESENTATION SUBMITTED BEFORE THE SECRETARY, PUBLIC SERVICE COMMISSION BY THE 24TH APPLICANT DATED 3.4.2023. Annexure A56(a) THE TRUE COPY OF POSTAL RECEIPT DATED 3.4.2023. Exhibit P1 A TRUE COPY OF THE ORDER IN O.A.NO. 585 OF 2023 DATED 4.4.2023 OF THE KERALA ADMINISTRATIVE TRIBUNAL THIRUVANANTHAPURAM Exhibit P2 A TRUE COPY OF THE O.A.NO. 585 OF 2023 ON THE FILES OF THE KERALA ADMINISTRATIVE TRIBUNAL THIRUVANANTHAPURAM WITH ANNEXURES A56(A) Exhibit P3 A TRUE COPY OF THE RELEVANT EXTRACT OF THE MODIFIED EXAMINATION PROGRAMME PUBLISHED BY THE PUBLIC SERVICE COMMISSION RESPONDENT ANNEXURES Annexure R4(a) TRUE COPY OF THE RANKED LIST
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NO.996/2023/SSIV DATED 4/12/2023
Annexure R4(b) TRUE COPY OF THE NEWS REPORT APPEARED IN MATHRUBHUMI DAILY DATED 5TH SEPTEMBER 2022 Annexure 1 TRUE COPY OF THE RELEVANT PORTION OF THE RANKED LIST NO.996/2023/SSIV DATED 04.12.2023. Annexure 2 TRUE COPY OF THE ORDER DATED 09.02.2024 IN MA NO. 300/2024 IN RA NO. 9/2024
1 issue framed by the court
Should applicants be permitted to apply for the post after the last date fixed in the original notification when an erratum changed only the post's nomenclature?
Surabhi.G.S and 23 other applicants
State of Kerala, Health and Family Welfare Department
Kerala Public Service Commission
The Director of Medical Education
Ratheeshkumar N.M (Addl.R4)
Veena Vijayan (Addl.R27)
A. Muhamed Mustaque
Shoba Annamma Eapen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
