IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

&

THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

TUESDAY, THE 16TH DAY OF NOVEMBER 2021 / 25TH KARTHIKA, 1943

OP(KAT) NO. 313 OF 2021

AGAINST THE ORDER/JUDGMENT IN OA (EKM) 1484/2020 OF KERALA

ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM

PETITIONERS:

• 1 DIVIN C.V.,AGED 26 YEARS S/O. DEVADASAN, KIZHAKKUPURAM HOUSE, PARUVASSERI P.O, PALAKKAD.
• 2 ABDUL RIYAZ, AGED 29 YEARS S/O. ABDUL KHADER K.P, KAIKUNNONKANDI, CHUZHALI P.O, KANNUR DISTRICT.
• 3 ALEN THANKACHAN, AGED 23 YEARS S/O. THANKACHAN, KALAPURAKKAL HOUSE, KARIMANNUR P.O, THODUPUZHA.
• 4 ANAS IBRAHIM K.J,AGED 24 YEARS S/O. JABBARULLA, KAMBERNYANA (H), PILATUR, PUDUNAGARAM, PALAKKAD-678 503
• 5 KRISHNAKUMAR M, AGED 23 YEARS S/O.MANIKKAM, THOLANIKKAVU, KODUTHIRAPPULLY (P.O), PALAKKAD-678 004.
• 6 RASHID P.P, AGED 26 YEARS S/O. BAVA P.P, KUMMANARI HOUSE, VALLIKUNNU P.O, MALAPPURAM 673 314
• 7 SHALBIN THOMAS, AGED 23 YEARS S/O THOMAS, PULLATTU HOUSE, KUNIYAPUZHA (P.O), KANNUR DISTRICT-670 632
• 8 JESNA SHAREEN M, AGED 22 YEARS W/O. RAMEEZ, CHATHOTH HOUSE, CHAMBAD P.O, THALASSERI.
• 9 ABHILA V. DEV, AGED 22 YEARS D/O. VASUDEVAN, MEKKUMKARAPUTHAN VEEDU, VITHURA P.O,

2

THIRUVANANTHAPURAM-695 551

• 10 SARANYAMOHAN, AGED 30 YEARS W/O. AJEESH A, KRISHNALAYAM, SN THARA, PAZHAMBALACODE, PALAKKAD-678 544
• 11 SUMA P.S, AGED 25 YEARS D/O. SUNDARAN, PALLATH HOUSE, THENNUR P.O, PALAKKAD 678 613.

BY ADVS. K.MOHANAKANNAN H.PRAVEEN (KOTTARAKARA)

RESPONDENT/S:

• 1 STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, ANNEXE II, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001
• 2 THE PRINCIPAL SECRETARY TO GOVERNMENT, P AND ARD, ANNEXE, SECRETARIAT, THIRUVANANTHAPURAM-695 001
• 3 THE DIRECTOR, DIRECTORATE OF HEALTH SERVICES, GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM-695 001
• 4 THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY IT'S SECRETARY, PATTOM (P.O), THIRUVANANTHAPURAM-695 004

SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER, SRI.P.C.SASIDHARAN

THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 16.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ALEXANDER THOMAS & VIJU ABRAHAM, JJ.

=========================================

OP (KAT) NO. 313/21

(arising out of order of the KAT, TVM. In OA No.1484/2020 dated 08.11.2021) ========================================= Dated this the 16th day of November, 2021

JUDGMENT

Alexander Thomas, J

The prayers in the instant Original Petition filed under Articles 226

and 227 of the Constitution of India are as follows:

(a) to issue an order or direction to call for the records leading to Ext.P6 and quash the same;

(b) To issue an order or direction directing the 1st respondent to implement Annexure A6 and to pass appropriate orders and the operation and implementation of Annexure A11 to A15 may be deferred until then;

(c) To issue an order or direction directing the Kerala Administrative Tribunal to dispose of OA(EKM) 1484/2020 within a time frame to be fixed by this Hon'ble Court and the appointments pursuant to Annexure A11 to A15 may be deferred until then;

(d) To grant such other reliefs as this Hon'ble Court deem fit to grant the interest of justice.

2. The above Original Petition arises out of Ext.P1 Original

Application, OA No.1484/2020 filed by the petitioners herein and the

prayers in Ext.P1 OA are as follows:

"(i) To issue a direction calling for the records leading to Annexure. A.8 and A9 and quash the same;

(ii) To direct the respondents to include the qualification of plus two irrespective of the subjects as qualification for applying the post of Junior Health Inspector Gr. II as per Annexure.A5 In the light of Annexure.A6 and A7 and issue necessary orders in that behalf;

(iii) To direct the 4th respondent to accept the application submitted by the Applicants for the post of Junior Health Inspector. Gr. II and to permit them to participate in the selection process within a time frame to be fixed by this Hon'ble Tribunal; (iv) grant any other reliefs this Hon'ble Tribunal deems and found appropriate in the interest of justice."

3. The interim prayer made in the said OA is as follows:

"i. To direct the 4th respondent to provisionally applicants to take part in the selection process pursuant to Annexure. A5 notification and permit them to write the PSC examination

ii. To direct the 4th Respondent to defer the further proceedings pursuant to Annexure.As till the disposal of the above 0.A."

4. Heard Sri.K.Mohanakannan, learned Counsel appearing for the petitioners in the OP/Applicants in the OA, Sri.Saigi Jacob Palatty, learned Sr.Government Pleader appearing for official respondents No.1 to 3 and Sri.P.C.Sasidharan, learned Standing Counsel for Kerala Public Service Commission appearing for R4 in the OP/respondents in the OA.

5. The Tribunal has now passed an ad interim order at Ext.P6 on 08.11.2021, in the instant OA, pending consideration of the plea for interim relief and the said order at Ext.P6 reads as follows:

"First respondent – Government shall file a statement as to the action taken pursuant to Annexure A6 G.O. dated 25.01.2020 for amending the Statutory Rules. This shall be filed within three weeks. No further time will be granted."

6. After hearing both sides, we would request the Tribunal to ensure the early consideration of the interim plea made by the petitioners in the above OA without much delay, preferably within the time limit already fixed by the Tribunal at Ext.P6. The Tribunal has already made it clear that no further time may be granted to the respondents to furnish instructions in the matter. No other orders or directions are called for in the instant case.

With these observations and directions, the above OP will stand disposed.

Sd/-

ALEXANDER THOMAS JUDGE Sd/- VIJU ABRAHAM JUDGE

Nsd

APPENDIX OF OP(KAT) 313/2021

PETITIONER EXHIBITS

• Exhibit P1 TRUE COPY OF OA 1484/2020 OF THE HON'BLE TRIBUNAL, WITH ANNEXURES.
• Annexure A1 TRUE COPY OF THE PSC NOTIFICATION PUBLISHED IN THE KERALA GAZETTE DATED 31.12.2012 FOR DIRECT RECRUITMENT AS CATEGORY NO. 665/2012.
• Annexure A2 TRUE COPY OF THE PSC NOTIFCICATION PUBLISHED IN THE KERALA GAZETTE DATED 31.12.2012 FOR NCA VACANCY AS CATEGORY NO. 723/2012.
• Annexure A3 TRUE COPY OF THE SPECIAL RULES ISSUED AS PER GO(P) 76/2017/H&FWD DATED 12.12.2017.
• Annexure A4 TRUE COPY OF PROSPECTUS FOR ADMISSION TO PROFESSIONAL DIPLOMA COURSES (HEALTH INSPECTOR COURSE, ETC) 2019-2020 AS PER GO(RT) N. 2262/2019/H&FWD DATED 19.09.2019.
• Annexure A5 TRUE COPY OF THE PSC NOTIFICATION PUBLISHED IN THE KERALA GAZETTE DATED 30.12.2019 AS CATEGORY NO. 421/2019.
• Annexure A6 TRUE COPY OF THE GO(MS) NO. 11/2020/H&FWD DATED 25.1.2020.
• Annexure A7 TRUE COPY OF THE LETTER NO. C2/12/2020/H&FWD DATED 25.1.2020 WITH TYPED COPY.
• Annexure A8 TRUE COPY OF THE COMMUNICATION DOWNLOADED FROM THE PSC WEBSITE DATED 24.07.2020 IN RESPECT OF KANNUR DISTRICT.
• Annexure A9 TRUE COPY OF THE COMMUNICATION DOWNLOADED FROM THE PSC WEBSITE DATED 24.07.2020 IN RESPECT OF PALAKKAD DISTRICT.
• Exhibit P2 TRUE COPY OF THE M.A(EKM) 1788/2020 IN O.A. (EKM) 1484/2020 WITH ANNEXURE.

Annexure A10 TRUE COPY OF THE RELEVANT PAGE OF THE

NOTIFICATION PUBLISHED IN THE PSC WEBSITE.

• Exhibit P3 TRUE COPY OF THE INTERIM ORDER DATED 7.1.2021 IN OA(EKM) NO. 1484/2020
• Exhibit P4 TRUE COPY OF THE REPLY STATEMENT WAS FILED BY THE 4TH RESPONDENT.
• Exhibit P5 TRUE COPY OF MA 2139/2021 IN OA 1484/202 WITH ANNEXURES.
• Annexure A11 TRUE COPY OF THE RANK LIST PUBLISHED BY THE KERALA PUBLIC SERVICE COMMISSION, CAT. NO. 421/2019 DATED 4.10.2021 IN ERNAKULAM DISTRICT (RANK LIST NO. 345/2021/DOE).
• Annexure A12 TRUE COPY OF THE RANK LIST PUBLISHED BY THE KERALA PUBLIC SERVICE COMMISSION, CAT. NO. 421/2019 DATED 4.10.2021 IN PATHANAMTHITTA DISTRICT (RANK LIST NO. 344/2021/DOH).
• Annexure A13 TRUE COPY OF THE RANK LIST PUBLISHED BY THE KERALA PUBLIC SERVICE COMMISSION, CAT. NO. 421/2019 DATED 4.10.2021 IN KASARAGOD DISTRICT (RANK LIST NO. 348/2021/DOB).
• Annexure A14 TRUE COPY OF THE RANK LIST PUBLISHED BY THE KERALA PUBLIC SERVICE COMMISSION, CAT. NO. 421/2019 DATED 4.10.2021 IN WAYANAD DISTRICT (RANK LIST NO. 346/2021/DOW).
• Annexure A15 TRUE COPY OF THE RANK LIST PUBLISHED BY THE KERALA PUBLIC SERVICE COMMISSION, CAT NO 421/2019 DATED 4.10.2021 IN KANNUR DISTRICT (RANK LIST NO. 347/2021/DOC).
• Exhibit P6 TRUE COPY OF THE ORDER DATED 8.11.2021 IN OA 1484/2020.