PSC Vs. MOHAN

JUDGEMENT

(1.) Dr. J. Mohan of ENT Department, Medical College, Trivandrum, filed O.P. No : 1943 of 1992 for relief quashing (Ext. P3 rank list) issued by the Kerala Public Service Commission (respondent No: 1) and a direction to adopt interview performance as the criterion leading to a direction to issue advice in his favour as rank No.1. As a consequence he also prayed for quashing of ranking of Dr. K. Ramachandran (respondent No: 3) as No: 1 in an illegal manner. This was in relation to the post of Assistant Professor in ENT Department by special recruitment as per R.17A of the Kerala State and Subordinate Services Rules Dr. Mohan and Dr. Ramachandran were the only two candidates before the Commission for selection.

(2.) By the impugned judgment dated March 26, 1992, the learned single Judge quashed the rank list selecting Dr. Ramachandran and directed Public Service Commission to make selection according to law and in the light of the judgment. The Kerala Public Service Commission has preferred W.A. No: 605 of 1992 to justify selection of Dr. Ramachandran wholly. Dr. Mohan has preferred W. A. No. 585 of 1992 contending that performance at oral interview alone and not any other performance would be permissible for consideration, alternatively also contending that on average of MBBS. marks and interview marks if combined for average would entitle him to selection. Dr. Ramachandran by preferring W. A. No. 800 of 1992 has a grievance regarding direction to the Public Service Commission to make selection afresh. Therefore, these three appeals arise out of one impugned judgment

(3.) Dr. S. Harikrishnan filed O. P No. 8351 of 1992 against Rank list (Ext. P10 Page 34) prepared by the Kerala Public Service Commission (respondent No: 1) for the posts of Tutor/Lecturer in ophthalmology in the Medical Education Department, wherein he has been shown at serial No. 12 instead of being at serial No: 1, obviously bye passing the method of selection to be based on written test and interview, by taking into account the marks (percentage) in the qualifying examination - MBBS. illegally. In view of writ Appeals, this O.P. is referred to be heard along with them by referring judgment dated 27-1-1993.