MEHABOOB RAZOOL Vs. PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) Public Service Commission invited applications for the post of Pharmacists Grade II as per notification dated 27-12-1988. The qualifications required for the post were (1) pass in S.S.L.C or its equivalent examination (2) Diploma in Pharmacy and (3) Registration with Kerala State Pharmacy Council. Last date for receipt of applications for the post was 8.2.1989. Petitioner put in his application for the post on 6.2.1989. He was allowed to take written test, which was held on 7.9.1991. On the basis of the marks obtained by him. he was included in the short list published on 4.1.1993. He was called for interview on 10.5.1993. In the ranked list prepared thereafter, he was included as Rank No.7. The ranked list came into existence on 9.6.93. On 6.9.93. Ext. P1 show cause notice was issued to him requiring his explanation as to why his name should not be deleted from the ranked list as he did not possess the required qualification viz. registration with Kerala State Pharmacy Council, on the date of his application. He filed Ext. P2 reply, where it was averred that he applied for registration from the Kerala State Pharmacy Council on 3.2.89 and did get registration on 8.2.89, the last date fixed for receipt of applications. But this explanation was not found acceptable to the Public Service Commission. So his name was deleted from the ranked list.

(2.) According to learned counsel representing the petitioner, last date fixed for receipt of applications was 8.2.89. On that day petitioner had obtained registration with the Kerala State Pharmacy Council. So, petitioner had all the requisite qualifications on the last day fixed for receipt of applications. Further depending on his qualifications, he was allowed to take written test arid was interviewed. Basing on his performance, he was ranked No.7 in the ranked list, which was published on 9.6.93. Thereafter, it was unjust on the part of the Public Service Commission to remove his name from the ranked list on the ground that he was not having requisite qualification on the date of application.

(3.) Learned Counsel representing the petitioner placed before me the decisions of the Supreme Court in Mrs. Rekha Chaturvedi vs University of Rajasthan & others ( JT 1993 (1) SC 220 ) and Dr.M.V. Nair v. Union of India and other (JT 1993