Kerala High Court
The Kerala Public Service ... vs Jeslin Joseph on 17 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
OP(KAT) NO. 77 OF 2022
AGAINST THE ORDER IN OA (EKM) 206/2021 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/RESPONDENT:
1 KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY,
KERALA PUBLIC SERVICE COMMISSION,
PATTOM, THIRUVANANTHAPURAM - 695 004, KERALA
BY ADVS.
P.C.SASIDHARAN
SAMSUDIN PANOLAN
LIRA A.B.
RESPONDENT/APPLICANTS & RESPONDENT:
1 MANJUSHA LAKSHMI M.
AGED 29 YEARS
D/O. SATHYANATHAN, VAYAKKAPURATH THAZHATH VEEDU,
MOKAVOOR, MARAKKATTUNILAM ROAD,
ERANHIKKAL P. O., KOZHIKODE,
KERALA - 673303.
2 KRISHNA N. ,AGED 26 YEARS
W/O. ANSHID C. K., D/O. BALAKRISHNAN A. P.,
KRISHNA HOUSE, MANALODY, NILAMBUR
P. O., MALAPPURAM, KERALA - 679329.
3 HAJARA PADINHAREKUNNATH
AGED 27 YEARS
W/O. SALEEL KANHIRAN,
D/O. ABDUL LATHIEF PADINHAREKUNNATH,
PALLIYALIL HOUSE, PERIYAMBALAM,
PULIKKAL P. O., MALAPPURAM, KERALA - 673637.
OP(KAT)Nos. 77, 59,64 & 212 of 2022
2
*ADDL.R4 KERALA UNIVERSITY OF HEALTH SCIENCES (KUHS),
REPRESENTED BY ITS REGISTRAR,
MULAMKUNNATHUKAVU,THRISSUR.
(ADDITIONAL RESPONDENT NO.4 IS IMPLEADED AS PER
ORDER DATED 08/4/22 IN OP(KAT) NO.77/22.)
BY ADVS.
P.K.IBRAHIM
SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH
SCIENCES
SREEJI K.B.(K/000212/2017)
FATHIMA FIDHA(K/000368/2021)
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR ADMISSION ON 09.01.2023, ALONG WITH OP(KAT).59/2022,
64/2022 AND CONNECTED CASES, THE COURT ON 17.01.2023
DELIVERED THE FOLLOWING:
OP(KAT)Nos. 77, 59,64 & 212 of 2022
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
OP(KAT) NO. 59 OF 2022
AGAINST THE ORDER IN OA (EKM) 140/2021 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/RESPONDENT NO.1:
THE KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY,
KERALA PUBLIC SERVICE COMMISSION, PATTOM,
THIRUVANANTHAPURAM - 695004, KERALA.
BY ADV P.C.SASIDHARAN
RESPONDENT/APPLICANT & RESPONDENT NO.2:
1 JESLIN JOSEPH,AGED 30 YEARS
D/O. SRI. JOSEPH K.C, KALLARAKKAL HOUSE,
KRISHNANKOTTA P.O, THRISSUR, KERALA - 680733.
2 THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HIGHER EDUCATION (B) DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
*ADDL.R3 KERALA UNIVERSITY OF HEALTH SCIENCES (KUHS),
REPRESENTED BY ITS
OP(KAT)Nos. 77, 59,64 & 212 of 2022
4
REGISTRAR,MULAMKUNNATHUKAVU,THRISSUR.
ADDITIONAL RESPONDENT NO.3 IS IMPLEADED AS PER
ORDER DATED 08/4/22 IN OP(KAT) 59/2022.
BY ADVS.
T.G.SUNIL (PRANAVAM)
SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH
SCIENCES
J.OM PRAKASH
C.X.ANTONY BENEDICT
T.G.MANOJ
T.G.SANTHOSH
T.G.MAHESH
EMMANUAL SANJU
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR ADMISSION ON 09.01.2023, ALONG WITH OP(KAT).77/2022 AND
CONNECTED CASES, THE COURT ON 17.01.2023 DELIVERED THE
FOLLOWING:
OP(KAT)Nos. 77, 59,64 & 212 of 2022
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
OP(KAT) NO. 64 OF 2022
AGAINST THE ORDER IN OA (EKM) 147/2021 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/RESPONDENT NO.4:
THE KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY, KERALA PUBLIC
SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM-
695004, KERALA.
BY ADV P.C.SASIDHARAN
RESPONDENT/S:
*1 DHANYASREE NAIR (DELETED)
AGED 28, D/O.M.P. BALAN, VNRA 100, VALLIKATTIL,
MEKKAD P.O., ANGAMALLY-683589.
*R1 IS DELETED FROM THE PARTY ARRAY AS PER ORDER
DATED 4/3/2022 IN OP(KAT)64/2022.
2 NEETHU JOSE, AGED 29 YEARS
W/O. SAJAN C.C., KANJIRATHINGAL HOUSE,
KOTTAPADY P.O., THRISSUR, KERALA-680505.
3 HUSNA AMEENA P.K., AGED 29 YEARS
D/O. ABDUL JABBAR P.K. KAITHOTT HOUSE,
VATTOLI BAZAR P.O., KOZHIKODE,
KERALA-673612.
4 STATE OF KERALA,
DEPARTMENT OF HEALTH AND FAMILY WELFARE,
OP(KAT)Nos. 77, 59,64 & 212 of 2022
6
SECRETARIAT, THIRUVANANTHAPURAM-695001,
REPRESENTED BY ITS PRINCIPAL SECRETARY, KERALA.
5 PRINCIPAL SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,
THIRUVANANTHAPURAM-695001, KERALA.
6 KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE P.O., THRISSUR-680596,
REPRESENTED BY ITS REGISTRAR, KERALA.
7 INDIRA GANDHI NATIONAL OPEN UNIVERSITY,
KALOOR, KOCHI, ERNAKULAM-682017,
REPRESENTED BY ITS VICE CHANCELLOOR, KERALA.
BY SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF
HEALTH SCIENCES
BY ADV K.MOHANAKANNAN
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR ADMISSION ON 09.01.2023, ALONG WITH OP(KAT).77/2022 AND
CONNECTED CASES, THE COURT ON 17.01.2023 DELIVERED THE
FOLLOWING:
OP(KAT)Nos. 77, 59,64 & 212 of 2022
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
OP(KAT) NO. 212 OF 2022
AGAINST THE ORDER IN OA (EKM) 202/2021 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/RESPONDENT NO.4:
KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY,
KERALA PUBLIC SERVICE COMMISSION, PATTOM,
THIRUVANANTHAPURAM-695004, PIN - 695004
BY ADV P.C.SASIDHARAN
RESPONDENT/APPLICANTS & RESPONDENT NOS.1 TO 3 & 5:
1 ROSHNI ANN JOSEPH
AGED 31, D/O JOSEPH K A, KUNNILETHU RO-JOS,
ETTICHUVADU P O, RANNY-689675,
PATHANAMTHITTA, PIN - 689675
2 STATE OF KERALA
DEPARTMENT OF HEALTH AND FAMILY WELFARE,
SECRETARIAT,
THIRUVANANTHAPURAM-695001,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
PIN - 695001
3 PRINCIPAL SECRETARY
DEPARTMENT OF HIGHER EDUCATION,
THIRUVANANTHAPURAM-695001, PIN - 695001
4 KERALA UNIVERSITY OF HEALTH SCIENCES
MEDICAL COLLEGE P O, THRISSUR 680596,
OP(KAT)Nos. 77, 59,64 & 212 of 2022
8
REP. BY ITS REGISTRAR, PIN - 680596
5 INDIRA GANDHI NATIONAL OPEN UNIVERSITY
KALOOR, KOCHI, ERNAKULAM 682017,
REP. BY ITS VICE CHANCELLOR,
KERALA, PIN - 682017
BY ADVS.
SANDEEP T.GEORGE
GOVERNMENT PLEADER
SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH
SCIENCES
SRI.MOHANAKANNAN K., SC, IGNOU
SREEVALSAKRISHNAN P K
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 09.01.2023, ALONG WITH OP(KAT).77/2022 AND
CONNECTED CASES, THE COURT ON 17.01.2023 DELIVERED THE
FOLLOWING:
OP(KAT)Nos. 77, 59,64 & 212 of 2022
9
A.K. JAYASANKARAN NAMBIAR & MOHAMMED NIAS C.P., JJ
......................................................
OP(KAT)Nos. 77, 59,64 & 212 of 2022
.................................................................
Dated this the 17th day of January, 2023
JUDGMENT
Mohammed Nias.C.P., J.
The Kerala Public Service Commission (PSC) is aggrieved by
the order in OA Nos.206/2021, 240 of 2021, 147 of 2021 and 202 of
2021 of the Kerala Administrative Tribunal, Ernakulam Bench,
whereby, the original applications preferred by the party respondents
were allowed holding them to be eligible to apply for the post of
Optometrist Grade II in the Health Services Department pursuant to
the notification dated 14.11.2018 as category No.217/2018.
2. The short facts leading to the original petitions are as
follows:-
The Kerala Public Service Commission ('PSC' for short) invited
applications from the qualified candidates for appointment to the
OP(KAT)Nos. 77, 59,64 & 212 of 2022
post of Optometrist Grade II in the Health Services Department
prescribing the following qualifications:
"Qualifications (1) Pass in Pre-degree with Physics,
Chemistry and Biology OR Physics,
Chemistry and Mathematics as
optional subjects or equivalent
qualification
(2) Diploma in Ophthalmic Assistant Course
(2 years) conducted by the Medical Colleges
in Kerala or equivalent qualification."
3. The party respondents/applicants before the Tribunal
were graduates in BSc Optometry Course from the Universities
recognised by the University Grants Commission (UGC). The PSC
issued a communication dated 22.12.2020 to the applicants requiring
them to upload the TC/Course Certificate from the institutions in
which they underwent the BSc Optometry course within five days
and also to get the same verified from the local office of the PSC. It
further stipulated that in case the BSc Optometry Course was
undertaken under the Distance Education Scheme, then the
Government Order enabling the acceptability/equivalence of the
course was also to be produced. The PSC thereafter finding that the
documents requested for by them were not produced, rejected the
applications on three grounds namely that the documents sought for
OP(KAT)Nos. 77, 59,64 & 212 of 2022
by them were not produced, the internship of the BSc Optometry
Course was not completed before the last date of the application and
thirdly the BSc Optometry Course undergone under the
Open/Distance Education Course was not acceptable and
consequently rejected the applications of those included in the
ranked list for selection. The orders of rejection were challenged
before the Tribunal by the applicants contending that they had the
requisite qualification of BSc Optometry which is a higher/superior
qualification to that of Diploma in Ophthalmic Assistant Course.
They had applied for the post and took the written test and were
included in the probability list. It is after their inclusion in the
probability list that they were asked to upload the certificates, which
they did through their profile for one time verification of the
documents as mentioned above. During the pendency of the original
applications, the PSC had brought into force the ranked list for the
post of Optometrist Grade II with effect from 29.4.2021.
4. The petitioner - PSC contended before the Tribunal that
the applicants did not upload the certificates sought for by them to
prove that the qualification possessed by them and that it was one
acquired through a regular course of study, or through the
Distance/Correspondence/Open Course. It is further contended by
OP(KAT)Nos. 77, 59,64 & 212 of 2022
the petitioners that as per Rule 10(1)(ii) of the Part II KS & SSR, it
had decided to accept the BSc Optometry decree course obtained
through the regular course of study as higher qualification. It is also
their contention that TC/ Course certificate produced by the
applicants did not make it clear whether the course they undertook
was part of a regular study as practical and internship was integral
part of the course. For these reasons the rejections the rejection of
the applications were sought to be sustained.
5. The applicants had filed a rejoinder to the reply
statement reiterating that they were fully qualified and that all of
them had undergone regular course of study from the Universities
recognised by the UGC. The Tribunal after considering the rival
submissions, and materials on record considered the short question
as to whether the rejection by the PSC was illegal or not held in
favour of the applicants..
6. It held that it is not in dispute that the qualification of
BSc Optometry of four years duration was a superior qualification as
provided under Rule 10(a)(ii) of Part II KS & SSR and it was made
applicable in the selection. It was further undisputed that the PSC
had decided to accept the above qualification acquired through a
OP(KAT)Nos. 77, 59,64 & 212 of 2022
regular course of study as a superior qualification by treating it as a
qualification sufficient for the post. The Tribunal after considering
the communications sent by the PSC requiring the applicants to
produce the certificates found since all the applicants had acquired
qualification through the regular course of study, as evidenced from
the course certificate/TC, they were not required to produce any
Government Order that proving the equivalency/ acceptability of the
degrees obtained by the applicants. The Tribunal further found that
the Universities concerned as a matter of fact endorsed the fact that
the applicants had acquired the BSc Optometry qualification through
a regular course of study. In as much as the applicants possessed the
requisite qualification, BSc Optometry through a regular course of
study which admittedly is a superior qualification and which was
made applicable to the selection process as aforesaid the applicants
were found entitled to succeed and the orders impugned in the
original applications were set aside and the PSC was directed to
issue appropriate addendum notification including the applicants in
the rank list, in accordance with their marks and also a further
direction, after inclusion in the rank list for further advice and
appointment there from in accordance with their ranking and
working out the rotation and the turns by the PSC. This order of the
tribunal is impugned in these original petitions.
OP(KAT)Nos. 77, 59,64 & 212 of 2022
7. We heard Sri.P.C.Sasidharan, the learned standing
counsel for the PSC, Sri.P.K.Ibrahim, Sri.T.G.Sunil, Sri.Sandeep T.
George, the learned counsel appearing for the
respondents/applicants, Sri.P.Sreekumar, learned standing counsel
for the Kerala University of Health Sciences (KUHS), Sri.
Mohanakannan.K., the learned standing counsel for IGNOU.
8. After hearing the learned counsel in all sides and
perusing the pleadings and records the following admitted facts
emerge. The fact that the BSc Optometry qualification obtained
through a regular course of study is treated as a higher qualification
for the selection in question is not disputed by the petitioner. The
candidates were requested to produce, TC/Course certificate from
the University or from the institute from which the qualification was
acquired only to prove that they had undertaken a regular course of
study and that was done by the applicants. Since the applicants had
acquired the qualification through a regular course of study there
was no further requirement for the applicants to produce any
Government Order as it was applicable only to those who underwent
the Open/Correspondence Course. The requirement of those who
undertook the Distance Education course to produce the documents
OP(KAT)Nos. 77, 59,64 & 212 of 2022
were not applicable or relevant to the applicants before the Tribunal
and as such the reasons in the impugned order cannot stand. The
Tribunal in our view was fully justified in concluding that the
applicants had undergone a regular course of study and that BSc
Optometry Degree was considered as a valid qualification, the
rejection was unwarranted.
9. This Court at the time of admission passed a detailed
order on 8.4.2022 directing the Kerala University of Health Sciences
(KUHS) Thrissur to be impleaded in the writ appeal for the specific
purpose of requesting the Universities concerned, Bharathiar and
Alagappa to provide such materials regarding the respective BSc
courses in Optometry run by the Universities so that the expert
academic body of KUHS may examine all these materials including
the course contents, syllabus, curriculum of the BSc course in
Optometry, run by those Universities and to compare the same with
the syllabus, course contents, curriculum of the two year Diploma
course in Ophthalmic Assistants run by the Medical Colleges in
Kerala and to take a considered decision as to whether or not each of
the BSc Degrees granted can be treated as a higher qualification
which per-supposes the acquisition of the lower qualification of
Diploma in Ophthalmic Assistant within the meaning Rule10(a)(ii) of
OP(KAT)Nos. 77, 59,64 & 212 of 2022
KS &SSR Part II. The petitioner - PSC was also directed to give their
remarks to the Registrar, Kerala State Health Sciences (KUHS).
After completing the exercise as directed by this Court, KUHS has
filed a memo enclosing the report. The relevant portions are
extracted hereunder:-
"Report of the meeting of the expert committee Constituted for comparison
of Curriculum, syllabus etc; of BSc Optometry of Bharatiar University,
Alagappa University and Indira Gandhi National Open University, with that
of the Diploma in Ophthalmic Assistants Courses conducted by the Medical
Colleges in Kerala
xxxxx
The Committee examined the syllabus of the following courses in detail
1. BSc Optometry of Bharatiar University
2. BSc Optometry of Alagappa University
3. BSc (Hons) in Optometry and Ophthalmic Techniques of IGNOU
4. Diploma in Ophthalmic Assistants Courses conducted by the Medical
Colleges in Kerala
On detailed scrutiny, the committee has the opinion that the BSc
Optometry courses of Alagappa and Bharatiar University are higher degree
as compared to BSc (Hons) in Optometry and Ophthalmic Techniques of
IGNOU and Diploma in Ophthalmic Assistants courses conducted by the
Medical Colleges in Kerala
The reasons are:
1. The BSc Optometry courses of Alagappa and Bharatiar University have a
Specified duration and internship (3 years and 1 year)
2. Vaster syllabus with more subjects, depth in subjects, more papers and
newer subjects etc.,
Eg: BSc Optometry of Bharatiar University have 29 theory and 10
practicals and BSc Optometry of Alagappa university 31 theory and 17
OP(KAT)Nos. 77, 59,64 & 212 of 2022
practicals compared to the courses to BSc (Hons) in Optometry and
Ophthalmic Techniques of INGOU which have 14 Theory and 14 Practicals
and Diploma in Ophthalmic Assistants courses conducted by the Medical
Colleges in Kerala which have 4 theory and 2 practicals.
3. The qualifications of examiners conducting the exam and the
qualifications of teachers taking the classes are specified in the Bharatiar
and Alagappa University courses but not specified in the IGNOU.
4. The Clinical/Practical training is completely supervising and sequential
in BSc Optometry courses of Alagappa and Bharatiar University but it is
not so in the IGNOU Course. In case of Diploma in Ophthalmic Assistants
courses conducted by the Medical Colleges in Kerala, it is partial (1 year)
5. The teaching learning methodology for BSc Optometry course of
Alagappa and Bharatiar University is classroom/Hospital based/ Clinical
based/ practical lab based whereas in BSc (Hons) Optometry and
Ophthalmic Techniques of IGNOU is tele communication/Occational
contact/Online/distance mode and non-continuous i.e. the student can
appears in final paper in the final year without studying basics.
6.BSc Optometry courses of Alagappa and Bharatiar university have
project work and Viva, whereas the BSc (Hons) in Optometry and
ophthalmic Techniques of IGNOU / Diploma in Ophthalmic Assistants
course have only assignments
7. Medical subject like Pediatrics Optometry, Microbiology, Pathology,
Ocular Anatomy, Ocular Physiology, systematic diseases etc; addressed
poorly in BSc (Hons) in Optometry and Ophthalmic Techniques of IGNOU /
Diploma in Ophthalmic Assistants course.
Conclusion
The committee came to the following conclusion
1. The BSc Optometry courses of Alagappa and Bharatiar university is
higher compared to Diploma in Ophthalmic Assistants courses conducted
by the Medical Colleges in Kerala.
2.BSc (Hons) in Optometry and Ophthalmic Techniques of IGNOU course is
not considered as higher course compared to Diploma in Ophthalmic
Assistants courses conducted by the Medical Colleges in Kerala as its
education mode is distance."
OP(KAT)Nos. 77, 59,64 & 212 of 2022
On a perusal of the report extracted above it can be seen that the
expert body was of definite opinion that the course undertaken in
IGNOU cannot be considered as a higher qualification compared to
the Diploma in Ophthalmic Assistant Courses conducted by the
Medical Colleges in Kerala as its education mode is Distance. As
stated above the PSC had only taken a decision to permit the BSc
Optometry Course conducted in the regular mode as an equivalent
qualification and it has been its consistent stand throughout. The
learned counsel for the appellants in OP(KAT) 64 of 2022 and
OP(KAT) 212 of 2022 tried to justify the degrees obtained from
IGNOU by bringing to our notice the public notice dated 7.9.2022
issued by the UGC referring to the Regulations 22 of the University
Grants Commission (Open and Distance Learning Programmes and
Online Programmes) Regulations, 2020, stipulated as follows:-
"PUBLIC NOTICE
Equivalence of degree obtained through ODL and
Online mode with degree obtained through
conventional mode
The Regulation 22 of the University Grants
Commission (Open and Distance Learning Programmes and
Online Programmes) Regulations, 2020 stipulates as under.
"Equivalence of qualification acquired through
Conventional or Open and Distance Learning and
Online modes:- Degrees at undergraduate and postgraduate
level in conformity with UGC notification on Specification of
Degrees, 2014 and post graduate diplomas awarded through
Open and Distance Learning mode and/or Online mode by
Higher Educational Institutions, recognised by the
OP(KAT)Nos. 77, 59,64 & 212 of 2022
Commission under these regulations, shall be treated as
equivalent to the corresponding awards of the Degrees at
undergraduate and postgraduate level and post graduate
diplomas offered through conventional mode."
This is for information of the general public, students
and other stakeholders."
As stated in the notice, as it can only apply from the date of the
public notice or at the most from the date of the Regulations 2020,
obviously it cannot apply to the applicants in OP(KAT)64 of 2022 and
OP(KAT)212 of 2022 as their graduation and the date of applying
under the notification were much prior to the public notice and the
Regulations.
On a perusal of the report extracted above and for the reasons
mentioned above, we are of the firm opinion that the order and
directions of the Tribunal cannot be faulted at all with respect to the
applicants in OA No.140 of 2021 from which OP(KAT) 59 of 2022
arises and in OA No.206 of 2021 from which OP(KAT) 77 of 2022
arises. The challenge against them has to fail. As regards the
applicants in OA No.147 of 2021 from which OP(KAT) 64 of 2022
arises and in OA 202 of 2021 from which OP(KAT) 212 of 2022 arises,
the applicants had graduated from IGNOU and the rejection of their
application by the petitioner has to be sustained for the reasons
mentioned above.
OP(KAT)Nos. 77, 59,64 & 212 of 2022
In the light of the above, the Original Petitions (KAT) 59 of 2022
and 77 of 2022 are dismissed and Original Petitions (KAT) 64 of 2022
and 212 of 2022 are allowed.
Sd/- A.K. JAYASANKARAN NAMBIAR,
JUDGE
Sd/- MOHAMMED NIAS C.P.
JUDGE
dlk/9.1.2023
OP(KAT)Nos. 77, 59,64 & 212 of 2022
APPENDIX OF OP(KAT) 59/2022
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE O.A (EKM) NO. 140 OF
2021 WITH ITS ANNEXURES.
ANNEXURE A1 A TRUE COPY OF THE NOTIFICATION IN
RESPECT OF CATEGORY NO. 217/18 PUBLISHED
AS PER EXTRAORDINARY GAZETTE DATED
14.11.2018 RETRIEVED FROM THE OFFICIAL
WEB SITE OF THE KERALA PUBLIC SERVICE
COMMISSION.
ANNEXURE A2 A TRUE COPY OF THE DEGREE CERTIFICATE
DATED 11.11.2011 ISSUED BY THE ALAGAPPA
UNIVERSITY, TAMIL NADU.
ANNEXURE A3 A TRUE COPY OF THE TRANSFER CERTIFICATE
DATED 23.12.2020 ISSUED BY THE LOTUS
BAUSCH & LOMB INSTITUTE OF OPTOMETRY.
ANNEXURE A4 A TRUE COPY OF THE TRANSCRIPT OF RECORD
DATED 07.05.2015 ISSUED BY THE LOTUS
BAUSCH & LOMB INSTITUTE OF OPTOMETRY.
ANNEXURE A5 A TRUE COPY OF THE LIST OF RELEVANT
PROGRAMMES OFFERED BY THE ALAGAPPA
UNIVERSITY RETRIEVED FROM THE OFFICIAL
WEB SITE.
ANNEXURE A6 A TRUE COPY OF GO(MS) NO. 272/2018/HEDN
DATED 13.11.2018 ISSUED BY GOVERNMENT OF
KERALA, HIGHER EDUCATION(B) DEPARTMENT.
ANNEXURE A7 A TRUE COPY OF THE PRINT OUT OF THE
UPDATED LIST OF UNIVERSITIES APPROVED BY
THE UGC.
ANNEXURE A8 A TRUE COPY OF THE APPLICATION DATED
17.11.2018 SUBMITTED BY THE APPLICANT IN
RESPECT OF CATEGORY NO. 217/18.
ANNEXURE A9 A TRUE COPY OF THE PRINT OUT OF THE
OP(KAT)Nos. 77, 59,64 & 212 of 2022
ADMISSION TICKET OF THE APPLICANT IN
RESPECT OF CATEGORY NO. 217/18.
ANNEXURE A10 A TRUE COPY OF THE NOTIFICATION DATED
18.03.2020 ISSUED BY KERALA PUBLIC
SERVICE COMMISSION.
ANNEXURE A11 A TRUE COPY OF THE LETTER NO.GR6-
2/50002/2018-KPSC DATED 22.12.2020
ISSUED BY THE KERALA PUBLIC SERVICE
COMMISSION.
ANNEXURE A12 A TRUE COPY OF THE LETTER NO. GR6-
2/50002/2018-KPSC PART (1) DATED
05.01.2021 ISSUED BY THE KERALA PUBLIC
SERVICE COMMISSION.
EXHIBIT P2 TRUE COPY OF MISCELLANEOUS APPLICATION.
EXHIBIT P3 TRUE COPY OF THE REPLY STATEMENT FILED
ON COMMISSION.
EXHIBIT P4 TRUE COPY OF THE REJOINDER FILED BY THE
APPLICATION ALONG WITH ANNEXURES.
ANNEXURE A13 A TRUE COPY OF CERTIFICATE DATED
25.03.2021 ISSUED BY THE REGISTRAR,
ALAGAPPA UNIVERSITY.
ANNEXURE A14 A TRUE COPY OF CERTIFICATE DATED
19.03.2021 ISSUED BY THE PRINCIPAL,
LOTUS BAUSCH & LOMB INSTITUTE OF
OPTOMETRY (ANNEXURES A13 AND A14 ARE
PRODUCED ALONG WITH THE REJOINDER DATED
05.04.2021).
EXHIBIT P5 TRUE COPY OF THE TRIBUNAL ORDER DATED
02.12.2021 IN O.A (EKM) NO. 140/2021.
OP(KAT)Nos. 77, 59,64 & 212 of 2022
APPENDIX OF OP(KAT) 64/2022
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE OA(EKM) NO.147/2021
WITH ITS ANNEXURES.
ANNEXURE A1 TRUE COPY OF THE RELEVANT PAGES OF THE
PROGRAM GUIDE OF B.SC (HONS) OPTOMETRY
OF IGNOU.
ANNEXURE A2 TRUE COPY OF THE DEGREE CERTIFICATE FOR
OPTOMETRY TO THE 1ST APPLICANT ISSUED BY
IGNOU DATED 14/08/2014.
ANNEXURE A3 TRUE COPY OF THE CERTIFICATE DATED
11/01/2021 ISSUED BY THE 5HT RESPONDENT
TO THE 1ST APPLICANT.
ANNEXURE A4 TRUE COPY OF THE ELIGIBILITY CERTIFICATE
DATED 19/06/2015 ISSUED BY THE 3RD
RESPONDENT.
ANNEXURE A5 TRUE COPY OF THE POST GRADUATION
CERTIFICATE FOR OPTOMETRY ISSUED BY 3RD
RESPONDENT DATED 28/04/2018.
ANNEXURE A6 TRUE COPY OF THE DEGREE CERTIFICATE FOR
OPTOMETRY TO THE 2ND APPLICANT ISSUED BY
IGNOU DATED 08/08/2013.
ANNEXURE A7 TRUE COPY OF THE CERTIFICATE DATED
11/01/2021 ISSUED BY THE 5TH RESPONDENT
TO THE 2ND APPLICANT.
ANNEXURE A8 TRUE COPY OF THE DEGREE CERTIFICATE FOR
OPTOMETRY TO THE 3RD APPLICANT ISSUED BY
IGNOU DATED 25/02/2014.
ANNEXURE A9 TRUE COPY OF THE CERTIFICATE DATED
11/01/2021 ISSUED BY THE 5TH RESPONDENT
TO THE 3RD APPLICANT.
ANNEXURE A10 TRUE COPY OF THE LETTER OF UNIVERSITY
GRANTS COMMISSION OF FEBRUARY 1992.
OP(KAT)Nos. 77, 59,64 & 212 of 2022
ANNEXURE A11 TRUE COPY OF THE LETTER DATED 29/08/2014
ISSUED BY THE GOVERNMENT OF INDIA,
MINISTRY OF HEALTH AND FAMILY WELFARE.
ANNEXURE A12 TRUE COPY OF GOVERNMENT ORDER
NO.272/2018/HEDN DATED 13/11/2018.
ANNEXURE A13 TRUE COPY OF THE NOTIFICATION DATED
19/12/2018 FOR CATEGORY NO.217/2018.
ANNEXURE A14 TRUE COPY OF THE VERIFICATION
CERTIFICATE ISSUED BY THE 4TH RESPONDENT
DATED 26/08/2020 TO THE 1ST APPLICANT.
ANNEXURE A15 TRUE COPY OF THE VERIFICATION
CERTIFICATE ISSUED BY THE 4TH RESPONDENT
DATED 11/01/2021 TO THE 2ND APPLICANT.
ANNEXURE A16 TRUE COPY OF THE VERIFICATION
CERTIFICATE ISSUED BY THE 4TH RESPONDENT
DATED 22/09/2020 TO THE 3RD APPLICANT.
ANNEXURE A17 TRUE COPY OF THE PRINT OUT SHOWING THE
MESSAGE OF THE 4TH RESPONDENT ISSUED TO
THE 1ST APPLICANT.
ANNEXURE A18 TRUE COPY OF THE PRINT OUT SHOWING THE
MESSAGE OF THE 4TH RESPONDENT ISSUED TO
THE 2ND APPLICANT.
ANNEXURE A19 TRUE COPY OF THE PRINT OUT SHOWING THE
MESSAGE OF THE 4TH RESPONDENT ISSUED TO
THE 3RD APPLICANT.
ANNEXURE A20 TRUE COPY OF THE ORDER ISSUED BY THE 1ST
RESPONDENT DATED 05/01/2021 TO THE 1ST
APPLICANT.
ANNEXURE A21 TRUE COPY OF THE ORDER ISSUED BY THE 1ST
RESPONDENT DATED 05/01/2021 TO THE 2ND
APPLICANT.
ANNEXURE A22 TRUE COPY OF THE ORDER ISSUED BY THE 1ST
RESPONDENT DATED 05/01/2021 TO THE 3RD
APPLICANT.
ANNEXURE A23 TRUE COPY OF THE LETTER ISSUED BY THE
3RD RESPONDENT TO THE 1ST APPLICANT
OP(KAT)Nos. 77, 59,64 & 212 of 2022
DATED 15/02/2020.
ANNEXURE A24 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE APPLICANTS DATED
20/08/2020.
ANNEXURE A25 TRUE COPY OF THE RECEIPT EVIDENCING THE
SUBMISSION OF REPRESENTATION.
EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED
BY THE COMMISSION.
EXHIBIT P3 TRUE COPY OF THE REPLY STATEMENT FILED
BY THE COMMISSION.
OP(KAT)Nos. 77, 59,64 & 212 of 2022
APPENDIX OF OP(KAT) 212/2022
PETITIONER'S ANNEXURES
Annexure A1 RUE COPY OF THE RELEVANT PAGES OF THE
PROGRAM GUIDE OF BSC(HONS.) OPTOMETRY
OF IGNOU .
Annexure A2 TRUE COPY OF THE DEGREE CERTIFICATE FOR
OPTOMETRY TO THE 1ST APPLICANT ISSUED
BY IGNOU DATED 14.08.2014
Annexure A3 TRUE COPY OF THE CERTIFICATE OF FACE TO
FACE STUDY DATED 11.01.2021 ISSUED BY
THE 5TH RESPONDENT TO THE 1ST APPLICANT
Annexure A4 TRUE COPY OF THE ELIGIBILITY
CERTIFICATE DATED 27.06.2015 ISSUED BY
THE 3RD RESPONDENT TO THE 1ST
APPLICANT.
Annexure A5 TRUE COPY OF THE POST-GRADUATION
CERTIFICATE FOR OPTOMETRY ISSUED BY 3RD
RESPONDENT DATED 03.12.2018 TO THE 1ST
APPLICANT .
Annexure A6 TRUE COPY OF THE DEGREE CERTIFICATE FOR
OPTOMETRY TO THE 2ND APPLICANT ISSUED
BY IGNOU DATED 08.08.2013
Annexure A7 TRUE COPY OF THE CERTIFICATE OF FACE TO
FACE STUDY DATED 11.01.2021 ISSUED BY
THE 5TH RESPONDENT TO THE 2ND APPLICANT
.
Annexure A8 TRUE COPY OF THE LETTER OF UNIVERSITY
GRANTS COMMISSION OF FEBRUARY 1992
Annexure A9 TRUE COPY OF THE LETTER DATED
29.08.2014 ISSUED BY THE GOVERNMENT OF
INDIA, MINISTRY OF HEALTH AND FAMILY
WELFARE
Annexure A10 TRUE COPY OF GOVERNMENT ORDER-G.O.(MS)
NO. 272/2018/HEDN DATED 13.11.2018
Annexure A11 TRUE COPY OF THE NOTIFICATION DATED
OP(KAT)Nos. 77, 59,64 & 212 of 2022
19.12.2018 FOR CATEGORY NO. 217/2018
Annexure A12 TRUE COPY OF THE VERIFICATION
CERTIFICATE ISSUED BY THE 4TH
RESPONDENT DATED 07.09.2020 TO THE 1ST
APPLICANT
Annexure A13 TRUE COPY OF THE VERIFICATION
CERTIFICATE ISSUED BY THE 4TH
RESPONDENT DATED 08.09.2020 TO THE 2ND
APPLICANT.
Annexure A14 TRUE COPY OF THE PRINT OUT SHOWING THE
MESSAGE OF THE 4TH RESPONDENT ISSUED TO
THE 1ST APPLICANT .
Annexure A15 TRUE COPY OF THE PRINT OUT SHOWING THE
MESSAGE OF THE 4TH RESPONDENT TO THE
2ND APPLICANT
Annexure A16 TRUE COPY OF THE ORDER ISSUED BY THE
1ST RESPONDENT DATED 05.01.2021 TO THE
2ND APPLICANT
Annexure A17 TRUE COPY OF THE ORDER ISSUED BY THE
1ST RESPONDENT DATED 05.01.2021 TO THE
1ST APPLICANT
Annexure A18 TRUE COPY OF THE LETTER ISSUED BY THE
3RD RESPONDENT TO DHANYASREE NAIR DATED
15.02.2020
Annexure A19 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE APPLICANTS DATED
20.08.2020 .
Annexure A20 TRUE COPY OF THE RECEIPT EVIDENCING THE
SUBMISSION OF REPRESENTATION. .
ANNEXURE-R5(A) TRUE COPY OF THE MINUTES OF THE
RELEVANT PAGES OF THE 49TH ACADEMIC
COUNCIL MEETING OF IGNOU DATED
29.06.2009
ANNEXURE-R5(B) TRUE COPY OF THE DETAILS OF THE
SYLLABUS OF IGNOU
ANNEXURE-R5(C) TRUE COPY OF THE COMMUNICATION SENT BY
OP(KAT)Nos. 77, 59,64 & 212 of 2022
THE GOVERNMENT OF INDIA TO THE
DIRECTORATE OF MEDICAL EDUCATION,
KERALA DATED 28.07.2014 .
Exhibit P1 TRUE COPY OF THE O.A. NO. 202 OF 2021
WITH ITS ANNEXURES.
Exhibit2 TRUE COPY OF THE REPLY STATEMENT FILED
BY THE COMMISSION
Exhibit3 TRUE COPY OF THE REPLY STATEMENT FILED
BY THE 5TH RESPONDENT WITH ANNEXURES
Exhibit P4 TRUE COPY OF M.A.NO.1382 OF 2021 IN OA
NO. 202 OF 2021
Exhibit P5 TRUE COPY OF THE TRIBUNAL ORDER DATED
02.12.2021 IN O.A. NO. 202/2021.
OP(KAT)Nos. 77, 59,64 & 212 of 2022
APPENDIX OF OP(KAT) 77/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE O.A.(EKM) NO.206 OF
2021 WITH ITS ANNEXURES.
ANNEXURE A1(a) TRUE COPY OF THE DEGREE CERTIFICATE
DATED 24.11.2011 ISSUED BY BHARATHIAR
UNIVERSITY TO THE 1ST APPLICANT FOR
HAVING PASSED B.SC. OPTOMETRY.
ANNEXURE A1(b) TRUE COPY OF THE DEGREE CERTIFICATE
DATED 14.11.2017 ISSUED BY BHARATHIAR
UNIVERSITY TO THE 2ND APPLICANT FOR
HAVING PASSED B.SC. OPTOMETRY.
ANNEXURE A1(c) TRUE COPY OF THE DEGREE CERTIFICATE
DATED 14.11.2017 ISSUED BY BHARATHIAR
UNIVERSITY TO THE 3RD APPLICANT FOR
HAVING PASSED B.SC. OPTOMETRY.
ANNEXURE A2 TRUE COPY OF THE NOTIFICATION DATED
14.11.2018 (CATEGORY NO.217/2018) OF THE
RESPONDENT.
ANNEXURE A3 TRUE COPY OF THE SHORTLIST PUBLISHED BY
THE RESPONDENT DATED 18.03.2020.
ANNEXURE A4 TRUE COPY OF THE ADDENDUM NOTIFICATION
DATED 10.06.2020 PUBLISHED BY THE
RESPONDENT.
ANNEXURE A5 TRUE COPY OF THE COMMUNICATION DATED
22.12.2020 ISSUED BY THE RESPONDENT TO
THE 1ST APPLICANT.
ANNEXURE A6(a) TRUE COPY OF THE COURSE COMPLETION
CERTIFICATE DATED 09.05.2012 ISSUED BY
THE MALABAR EYE HOSPITAL AND RESEARCH
CENTRE, CALICUT TO THE 1ST APPLICANT.
ANNEXURE A6(b) TRUE COPY OF THE TRANSFER CERTIFICATE
DATED 09.05.2012 ISSUED BY THE MALABAR
EYE HOSPITAL AND RESEARCH CENTRE,
CALICUT TO THE 1ST APPLICANT.
OP(KAT)Nos. 77, 59,64 & 212 of 2022
ANNEXURE A7(a) TRUE COPY OF THE COURSE COMPLETION
CERTIFICATE DATED 22.12.2020 ISSUED TO
THE 2ND APPLICANT BY AL-SALAMA EYE
RESEARCH FOUNDATION, PERINTHALMANNA.
ANNEXURE A7(b) TRUE COPY OF THE TRANSFER CERTIFICATE
DATED 08.06.2020 ISSUED TO THE 2ND
APPLICANT BY AL-SALAMA EYE RESEARCH
FOUNDATION, PERINTHALMANNA.
ANNEXURE A8(a) TRUE COPY OF THE COURSE COMPLETION
CERTIFICATE DATED 10.07.2017 ISSUED TO
THE 3RD APPLICANT BY RAYHAN COLLEGE AND
HOSPITAL, EDAPPAL.
ANNEXURE A8(b) TRUE COPY OF THE TRANSFER CERTIFICATE
DATED 16.11.2017 ISSUED TO THE 3RD
APPLICANT BY RAYHAN COLLEGE AND
HOSPITAL, EDAPPAL.
ANNEXURE A9(a) TRUE COPY OF THE COMMUNICATION DATED
05.01.2021 RECEIVED BY THE 1ST
APPLICANT.
ANNEXURE A9(b) TRUE COPY OF THE COMMUNICATION DATED
05.01.2021 RECEIVED BY THE 2ND
APPLICANT.
ANNEXURE A9(c) TRUE COPY OF THE COMMUNICATION DATED
05.01.2021 RECEIVED BY THE 3RD
APPLICANT.
ANNEXURE A10(a) TRUE COPY OF THE REPRESENTATION DATED
20.01.2021 WITH POSTAL RECEIPT RECEIVED
BY THE 1ST APPLICANT.
ANNEXURE A10(b) TRUE COPY OF THE REPRESENTATION DATED
20.01.2021 WITH POSTAL RECEIPT RECEIVED
BY THE 2ND APPLICANT.
ANNEXURE A10(c) TRUE COPY OF THE REPRESENTATION DATED
20.01.2021 WITH POSTAL RECEIPT RECEIVED
BY THE 3RD APPLICANT.
Exhibit P2 TRUE COPY OF THE REPLY STATEMENT FILED
ON COMMISSION DATED 17.03.2021.
Exhibit P3 TRUE COPY OF THE REJOINDER TO THE REPLY
OP(KAT)Nos. 77, 59,64 & 212 of 2022
STATEMENT FILED BY THE RESPONDENT ALONG
WITH ANNEXURES.
ANNEXURE A11(a) TRUE COPY OF THE RTI APPLICATION DATED
07.04.2021 OF MR. SALEEL K.
ANNEXURE A11(b) TRUE COPY OF THE REPLY DATED 27.04.2021
TO ANNEXURE A11(A) RTI APPLICATION.
ANNEXURE A12 TRUE COPY OF THE COMMUNICATION DATED
28.04.2021 ADDRESSED TO ONE ABDUL
LATHEEF (ANNEXURES A11(A) TO A12 ARE
PRODUCED ALONG WITH THE REJOINDER DATED
10.06.2011).
Exhibit P4 TRUE COPY OF THE REJOINDER FILED BY THE
APPLICANT ALONG WITH ANNEXURES.
ANNEXURE A13(a) TRUE COPY OF THE ADDENDUM NOTIFICATION
DATED 10.06.2021 IN RESPECT OF THE RANK
LIST.
ANNEXURE A13(b) TRUE COPY OF THE ADDENDUM NOTIFICATION
DATED 10.06.2021 IN RESPECT OF THE
PROBABILITY LIST.
ANNEXURE A14 TRUE COPY OF THE ORDER
NO.EF4/106605/17/DHS DATED 09.08.2021
(ANNEXURES A13(A) TO A14 ARE PRODUCED
ALONG WITH THE REJOINDER DATED
13.08.2021).
Exhibit P5 TRUE COPY OF THE MISCELLANEOUS
APPLICATION DATED 10.09.2021 TO RECEIVE
THE ADDITIONAL DOCUMENTS.
ANNEXURE A15(a) TRUE COPY OF THE CERTIFICATE ISSUED BY
THE DEAN OF CENTRE FOR PARTICIPATORY
PROGRAMME OF BHARATHIAR UNIVERSITY TO
THE 1ST APPLICANT.
ANNEXURE A15(b) TRUE COPY OF THE CERTIFICATE ISSUED BY
THE DEAN OF CENTRE FOR PARTICIPATORY
PROGRAMME OF BHARATHIAR UNIVERSITY TO
THE 2ND APPLICANT DATED 02.03.2021.
ANNEXURE A15(c) TRUE COPY OF THE CERTIFICATE ISSUED BY
THE DEAN OF CENTRE FOR PARTICIPATORY
OP(KAT)Nos. 77, 59,64 & 212 of 2022
PROGRAMME OF BHARATHIAR UNIVERSITY TO
THE 3RD APPLICANT DATED 01.03.2021.
ANNEXURE A16 TRUE COPY OF THE RELEVANT PAGES OF THE
LIST OF RECOGNIZED UNIVERSITIES
PUBLISHED BY UGC (PAGES 1 AND 7).
ANNEXURE A17 TRUE COPY OF THE GOVERNMENT ORDER GO(MS)
NO.264/2018/H.EDN. DATED 01.11.2018
(ANNEXURES A15(A) TO A17 ARE PRODUCED
ALONG WITH M.A.(EKM) 1399/2021.
Exhibit P6 TRUE COPY OF THE TRIBUNAL ORDER DATED
02.12.2021 IN O.A.(EKM) NO.206/2021.
