K.P.S.C. Vs. SAROJA NAMBIYAR

JUDGEMENT

(1.) The Kerala Public Service Commission, who was the first respondent in O. P. No. 2331 of 1975, has filed this Writ Appeal against the judgment of a learned single Judge of this Court, allowing that Writ Petition and directing the Kerala Public Service Commission to interview the Writ Petitioner for assessing her suitability for appointment as Assistant Surgeon in the Health Services Department.

(2.) The Public Service Commission, by a notification dated 12th November 1974, which was published in the Kerala Gazette dated 19th November 1974, had invited applications from candidates possessing the qualifications mentioned therein for recruitment to the cadre of Assistant Surgeon in the Health Services Department. The last date specified therein for the receipt of the applications was 26th December 1974. The qualifications required to be possessed by the candidates were (i) M.B.B.S. Degree, or, if suitable graduates are not available L.M.P. or D.M.S.; (ii) One year's House Surgeoncy in an approved Hospital or one year's service as Tutor/Demonstrator in a Medical College; and (iii) Permanent Registration in Class A of Modern Medicine with T. C. Medical Council. According to paragraph 13 (B) of the General Conditions published along with the notification inviting applications, the candidates were also required to forward along with the applications copies of documents in proof of possession, by them, of the specified qualifications.

(3.) The Writ Petitioner submitted the application within the prescribed time limit, but, her application was not accompanied by any document in proof of possession of the aforementioned qualifications. However, by a letter dated 15th January 1975 sent by her, subsequent to the expiry of the time limit fixed for the receipt of the applications, she forwarded to the Public Service Commission copies of her M.B.B.S. Degree Certificate and also an 'Experience Certificate' showing her experience as House Surgeon. She did not send, even at that stage, any document to prove that she had obtained registration from the Medical Council. By a letter, Ext. P4 dated 21st January 1975, the Public Service Commission informed the Writ Petitioner that her application stood rejected on the ground that it was not accompanied by the necessary documents in proof of qualifications. On 28th January 1975, the Writ Petitioner made a representation to the Commission requesting for a reconsideration of the matter. Even along with that letter she did not forward to the Commission any document to prove that she had obtained the registration from the Medical Council. The said representation filed by the Writ Petitioner was rejected by the Public Service Commission, as per its communication, Ext. P6 dated 19th March 1975. The Writ Petition was, therefore, filed by the petitioner seeking to quash Exts. P4 and P6 and praying for the issuance of a writ of mandamus directing the Public Service Commission to consider her application as a valid one and to proceed to interview her for selection to the post of Assistant Surgeon.