Kerala Public Service Commission vs Jeslin Joseph
2023 Latest Caselaw 7116 Ker

             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.
    FRIDAY, THE 23RD DAY OF JUNE 2023 / 2ND ASHADHA, 1945
                         RP NO. 570 OF 2023
  AGAINST THE JUDGMENT IN OP(KAT) 59/2022 OF HIGH COURT OF
                               KERALA
REVIEW PETITIONER/PETITIONER:

             KERALA PUBLIC SERVICE COMMISSION
             REPRESENTED BY ITS SECRETARY,
             KERALA PUBLIC SERVICE COMMISSION, PATTOM,
             THIRUVANANTHAPURAM, KERALA, PIN - 695004
             BY ADV P.C.SASIDHARAN

RESPONDENTS:

    1        JESLIN JOSEPH, AGED 30 YEARS, D/O SRI. JOSEPH.K.C,
             KALLARAKKAL HOUSE, KRISHNANKOTTA.P.O,
             THRISSUR, KERALA, PIN - 680733
    2        THE STATE OF KERALA
             REPRESENTED BY THE SECRETARY TO GOVERNMENT,
             HIGHER EDUCAITON (B) DEPARTMENT, SECRETARIAT,
             THIRUVANANTHAPURAM, PIN - 695001
    3        KERALA UNIVERSITY OF HEALTH SCIENCES (KUHS)
             REPRESENTED BY ITS REGISTRAR,
             MULAMKUNNATHUKAVU, THRISSUR, PIN - 680581
             BY ADVS.
             T.G.SUNIL (PRANAVAM)
             P.SREEKUMAR


             BY SMT.VINITHA B, SR. GP



     THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
23.06.2023,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 RP 570 of 2023
                                              2




         A.K.JAYASANKARAN NAMBIAR & MOHAMMED NIAS C.P., JJ
               ------------------------------------------------------------------
                                   RP No.570 of 2023
                           --------------------------------------------
                        Dated this the 23rd day of June, 2023


                                         ORDER

Mohammed Nias.C.P.J.

The Kerala Public Service Commission (KPSC) has filed this

review petition against the judgment dated 17.1.2023 in OP (KAT)No.59

of 2023 and connected cases, by which, after considering all the issues

raised by the parties regarding the qualification of the respondents to

apply for the post of Optometrist Grade II in the Health Services

Department, we held that BSc Optometry degree qualification obtained

through a regular course of study would be treated as a higher

qualification for the selection in question. We also relied on the report

prepared by the Kerala University of Health Sciences (KUHS), Thrissur,

after a direction by this Court, regarding the equivalency/similarity of

the curriculum of the various courses of study undertaken by the party

respondents herein. etc. We found the order of the Tribunal to be legal

in all aspects and accordingly dismissed the O.P (KAT) preferred by the

review petitioner.

RP 570 of 2023

2. This review raises the same contentions that were

unsuccessfully urged earlier. There is no merit at all in this review

petition. We do not find any ground made out by the review petitioners

for entertaining this review petition as it is trite that a review petition

cannot be converted into a second hearing under disguise.

The review petition fails and is accordingly dismissed.

Sd/-A.K.JAYASANKARAN NAMBIAR, JUDGE

Sd/-MOHAMMED NIAS C.P., JUDGE dlk 24.6.2023