SEEMA SEBASTIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These cases are being disposed of by a common judgment. The appellants came before us challenging the non-grant of an interim order. We thought that the entire matter could be disposed of. Accordingly, the writ petitions were tagged with the appeals. The dispute pertains to admission for the Post Graduate Ayurveda courses 2022 under the service quota for Medical Officers. The point of law that arises for consideration is, after the publication of the final list of candidates in the service quota, whether one of the eligibility criteria can be rectified/changed or not. We shall answer this question after adverting to the facts.

(2.) There is a two-tier process for admission to the Post Graduate courses in Ayurveda. At the first level, the candidates have to clear the National Testing Agency (NTA) exam. Whereas, at the second level, one has to make an application in terms of the prospectus on Post Graduate courses in Ayurveda. The test is conducted much prior to the preparation of the prospectus. For the academic year 2022-23, NTA conducted the test on 15/10/2022 and published the result on 9/11/2022. The Government of Kerala released the prospectus for admission to the PG courses on 29/12/2022. Pursuant to the prospectus, the Commissioner for the Entrance Examinations invited applications for admission on 4/1/2023. The last date for submitting completed applications was 9/1/2023. On 18/1/2023, a provisional list of service quota candidates was published. On 19/1/2023, the final list of service quota candidates was published. The Government, based on an interim order, dtd. 25/1/2023, in the writ petition filed by Dr.Sivaprasadan V., passed an order on 25/1/2023 itself, changing the upper age limit of the Medical Officer quota candidates. This resulted in recasting the list of the final service quota candidates. The final service quota list was published on 27/1/2023. Dr.Seema Sebastian and Dr.Shyly Raju, who were higher in the order of seniority prior to the recasting of the service quota candidates came before this Court in W.P.(C).Nos.3521/2023 and 3768/2023 aggrieved by the recasting of the list of service quota candidates as they have been placed below Dr.Sheeja S. and Dr.Sivaprasadan V.

(3.) The reason for recasting the list was that, while fixing the upper age limit of Medical Officer quota candidates, the Government overlooked the retirement age of officers appointed on or after the first day of April 2013, the date on which the National Pension Scheme was implemented in the State. The relevant clause in the prospectus reads thus: