STALIN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE short but important question that arises for consideration in this bunch of cases is whether the Kerala Public Service Commission is justified in refusing to advise candidates like the petitioners included in the rank list of Pharmacist (Homoeopathy) on the ground that they did not possess requisite qualification in terms of the amended special rules framed by the Government after commencement of the selection process. In other words, the question is: Are the amended rules regarding qualification, atleast vis a vis the appellant and petitioners, prospective or retrospective in their operation?

(2.) A brief reference to the essential facts is necessary to answer the above question. We will be referring to the relevant dates and documents available in Writ Petition No. 18087/2005. ,

(3.) THE admitted position is that the Special Rules were framed by the Government when the selection process pursuant to Ext. P1 notification issued by the Commission was in progress. THE petitioners had not undergone training in Nurse Cum Pharmacist Training Course conducted by the Government of Kerala and therefore they would not be eligible for appointment, if the Special Rules are made applicable for selection and appointment.