LEKSHMI SIVANANDAN Vs. KERALA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) THE dispute herein concerns the alleged invalidity of the appointment of sixth respondent, for want of required qualification. THE sixth respondent was appointed as Senior Lecturer in Obstetrics and Gynaecology, after a selection conducted by the Public Service Commission. Essential facts for the disposal of the writ petition, are the following:

(2.) THE notification issued by the Public Service Commission is dated 14.10.2009 (Ext.P4). THE qualifications for the post are: (i) Post Graduate Degree (Medical) in the respective discipline from a recognised University (Viz. MD/MS/DNB) and (ii) Permanent registration under the State/Central Medical Registration Act. THE qualifications of the sixth respondent is MBBS and DNB. THE crux of the contention raised by the petitioner is that DNB is not an equivalent qualification to MD and MS.

(3.) PER contra, Shri P.C. Sasidharan, learned Standing Counsel for the Public Service Commission submitted that the notification issued by the Public Service Commission is in tune with the qualification prescribed in Ext.P9, which is the Government Order dated 7.4.2008, issued much prior to Exts.P7 and P8, wherein DNB is also treated as a qualification. It is therefore pointed out that Ext.P4 notification issued by the Public Service Commission cannot be held as illegal, especially since there is no specific challenge against Exts.P4 and P9. It is further pointed out that any subsequent decision by the Medical Council or its Committee cannot affect the validity of the appointment made as per the notification.