Kerala High Court
Linjo C.J,S/O.Johny.C.P vs State Of Kerala on 12 September, 2025
Author: Anil K.Narendran
Bench: Anil K.Narendran
1
OP(KAT)No.137 of 2021 2025:KER:68145
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
FRIDAY, THE 12TH DAY OF SEPTEMBER 2025 / 21ST BHADRA, 1947
OP(KAT) NO. 137 OF 2021
AGAINST THE ORDER DATED 1.3.2021 IN OA NO.1258 OF 2019 OF
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/APPLICANTS IN OA:
1 LINJO C.J,S/O.JOHNY.C.P,
AGED 39 YEARS
CHITTILAPILLY HOUSE, MANNUTHY.P.O, THRISSUR -680651(NO
OFFICIAL ADDRESS SINCE APPLICANT IS ONLY A CANDIDATE
SEEKING APPOINTMENT)
2 RATHEESH S.R,
AGED 39 YEARS,S/O. R SASIDHARAN,RAJESWARI
BHAVAN,CHAPPATH,CHOWARA PO, TRIVANDRUM-695501(NO
OFFICIAL ADDRESS SINCE APPLICANT IS ONLY A CANDIDATE
SEEKING APPOINTMENT)
BY ADVS.
SRI.C.UNNIKRISHNAN (KOLLAM)
SRI.D.JAYAKRISHNAN
SMT.SHARON S.V.
RESPONDENTS/RESPONDENTS IN OA:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,HEALTH AND
FAMILY WELFARE DEPARTMENT,GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,KERALA-695001.
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OP(KAT)No.137 of 2021 2025:KER:68145
2 THE DIRECTOR,
HEALTH SERVICES,VANCHIYOOR.P.O,
THIRUVANANTHAPURAM,KERALA-695035.
3 KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY,THULASI HILLS,PATTOM.P.O,
THIRUVANANTHAPURAM, KERALA-695004.
4 REJISHA.T.P,
PUTHENVEEDU HOUSE,PATTIYAMPUTHUTHERU,
PATHAYAKKUNNU.P.O, KANNUR-670691,KERALA.
5 SREE REKHA.M.P,
SREE SIVARAMA SADAN,SREE SIVARAMA SADAN
ROAD,KUNDAMANBHAGOM,VATTIYOORKAVU.P.O,
THIRUVANANTHAPURAM,KERALA -695013.
6 JISSO JOSEPH,
MALIAKKAL HOUSE,VIYYAVAM,THRISSUR-680026(ADDL.R6 IS
IMPLEADING VIDE ORDER DATED 02.08.2019 IN MA 1364/2019
IN OA 1258/19),THRISSUR,KERALA
7 REHABILITATION COUNCIL OF INDIA,
REP., BY ITS MEMBER SECRETARY, B.22, QUTUB
INSTITUTIONAL AREA NEW DELHI-110016 (ADDL. R7 IS
IMPLEADING VIDE ORDER DATED 26.08.2019 IN MA 1909/2019
IN OA 1258/19),KERALA
BY ADV SMT.C.G.PREETHA, CGC
SRI. A. J. VARGHESE, SR. GP
SRI.P.C SASIDHARAN, SC, KPSC
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 12.09.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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OP(KAT)No.137 of 2021 2025:KER:68145
JUDGMENT
Muralee Krishna, J.
The applicants in O.A.No.1258 of 2019 on the file of the Kerala
Administrative Tribunal, Thiruvananthapuram, filed this original
petition invoking the supervisory jurisdiction of this Court under
Article 227 of the Constitution of India, challenging the order
dated 01.03.2021 passed by the Tribunal in that original
application.
2. Going by the averments in the original petition, the
petitioners were included in Annexure A3 ranked list dated
07.02.2017 for the post of Clinical Psychologists. The 3 rd
respondent Kerala Public Service Commission issued Annexure A1
notification dated 31.07.2012 for the said post. Subsequently,
Annexure A2 addendum notification dated 21.11.2012 was
published, including post graduate diploma in Clinical Psychology
conducted by the Directorate of Medical Education as an
alternative qualification which is not prescribed in the
Rehabilitation Council Act, 1992. Inclusion of alternative
qualification was challenged in earlier original applications, which
culminated in Annexure A4 order dated 08.03.2018 and thereafter
OP(KAT)No.137 of 2021 2025:KER:68145
Annexure A5 Government Order dated 24.11.2018. Annexure A5
Government Order upheld the advice and appointments of 3
candidates already appointed from Annexure A3 ranked list. The
petitioners are candidates who have the very same qualifications
as those of appointed candidates, which are prescribed by the
Rehabilitation Council Act, 1992. They are duly qualified to be
appointed, notwithstanding the controversy over alternative
qualifications which do not concern them at all. Even so, the 3 rd
respondent, vide, A15 order dated 26.02.2019, took the stand
that advice from Annexure A3 ranked list is limited to vacancies
reported up to 05.05.2018 i.e. the date of Annexure A6
Government Order which had deleted the alternative qualification
included in Annexure A2 addendum notification. According to the
petitioners, the Tribunal misapplied the dictum of the Full Bench
of this Court in Mohanan K.R v. Director of Homeopathy
[2006 (3) KLT 641] and dismissed the original application.
3. On 15.06.2021, this Court admitted the original
petition and issued notice to respondents 4 to 7. The learned
Government Pleader entered appearance for respondents 1 and 2
and the learned Standing Counsel for respondent No.3.
OP(KAT)No.137 of 2021 2025:KER:68145
4. On 13.06.2025, this Court directed the petitioners to
take steps to complete service of notice to respondents 4 to 6.
5. On 08.08.2025, when this matter came up for
consideration, this Court noticed that despite orders of this Court,
the petitioners have not taken steps to serve notice on
respondents 4 to 6. The learned counsel for the petitioners
submitted that the process shall be paid on that day itself.
6. Today, when this matter came up for consideration, the
learned counsel for the petitioners submitted that the petitioners
are not pressing the original petition.
In view of the aforesaid submission, the original petition
stands dismissed.
Sd/-
ANIL K.NARENDRAN, JUDGE
Sd/-
sks MURALEE KRISHNA S., JUDGE
OP(KAT)No.137 of 2021 2025:KER:68145
APPENDIX OF OP(KAT) 137/2021
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF GAZETTE DATED 31.07.2012 FOR
CATEGORY NO.428/2012 PUBLISHED BY THE 3RD
RESPONDENT
Annexure A2 TRUE COPY OF THE ADDENDUM NOTIFICATION NO.GR
1 C(2) 27559/11/GW DATED 21.11.2012 PUBLISHED
BY THE 3RD RESPONDENT
Annexure A3 TRUE COPY OF RANKED LIST NO.200/17/SS IV
BROUGHT INTO FORCE WITH EFFECT FROM
07.02.2017
Annexure A4 TRUE COPY OF COMMON ORDER DATED 08.03.2018 IN
OA 2617/2016 AND OTHERS OAS
Annexure A5 TRUE COPY OF GO(RT)NO.3484/2018/H & FWD DATED
24.11.2018
Annexure A6 TRUE COPY OF GO(MS)NO.69/2018/H&FWD DATED
05.05.2018
Annexure A7 TRUE COPY OF THE GO(MS)NO.11/2019/H&FWD DATED
22.01.2019
Annexure A8 TRUE COPY OF DEGREE CERTIFICATE NO.325851
DATED 24.01.2012 OF THE 1ST APPLICANT
SECURING MA IN PSYCHOLOGY FROM THE UNIVERSITY
OF CALICUT
Annexure A9 TRUE COPY OF M.PHIL CERTIFICATE IN MEDICAL
AND SOCIAL PSYCHOLOGY DATED 18.04.2007 ISSUED
TO THE 1ST APPLICANT FROM THE RANCHI
VISHWAVIDYALAY (RANCHI UNIVERSITY)
Annexure A10 TRUE COPY OF REGISTRATION CERTIFICATE NO.3358
DATED 28.02.2008 OF THE 1ST APPLICANT ISSUED
BY THE REHABILITATION COUNCIL OF INDIA
Annexure A11 TRUE COPY OF DEGREE CERTIFICATE 0030994 DATED
30.08.2007 OF THE 2ND APPLICANT SECURING MA
IN PSYCHOLOGY FROM THE UNIVERSITY OF KERALA
Annexure A12 TRUE COPY OF M.PHIL CERTIFICATE IN MEDICAL
AND SOCIAL PSHYCHOLOGY DATED 10.11.2011
ISSUED TO THE 2ND APPLICANT FROM THE RANCHI
VISHWAVIDYALAY(RANCHI UNIVERSITY)
Annexure A13 TRUE COPY OF REGISTRATION CERTIFICATE
NO.075575 DATED 27.12.2012 OF THE 2ND
APPLICANT ISSUED BY THE REHABILITATION
COUNCIL OF INDIA
Annexure A14 TRUE COPY OF REPRESENTATION DATED 14.02.2019
SENT BY THE 1ST APPLICANT TO THE 3RD
OP(KAT)No.137 of 2021 2025:KER:68145
RESPONDENT PSC
Annexure A15 TRUE COPY OF ORDER NO.R1/E(3)/2649/GV DATED
26.02.2019 ISSUED BY THE 3RD RESPONDENT.
Annexure A16 TRUE COPY OF ORDER NUMBER ES2/67182/2016/DHS
DATED 03.10.2016 OF THE 2ND RESPONDENT ALONG
WITIH THE FINAL SENIORITY LIST APPENDED
THEREWITH.
Annexure R2(A) TRUE COPY OF LETTER NO.EG1/80905/2010/DHS
DATED 18.10.2019
Annexure R2(B) TRUE COPY OF PROFORMA FOR REPORTING VACANCY
AS ON 01.08.2019 THROUGH ONLINE ON 25.10.2019
Annexure A17 TRUE COPY OF GAZETTE DATED 18.08.2017
Annexure A18 TRUE COPY OF RANKED LIST NO.500/18/SS IV
BROUGHT INTO EFFECT FROM 07.02.2017
Annexure A19 TRUE COPY OF ORDER DATED 29.03.2019 IN
OA(EKM)1187/2018
Annexure A20 TRUE COPY OF ADDENDUM NOTIFICATION
SSIV/CLINICAL PSYCHOLOGICAL/HEALTH/18 DATED
14.03.2019
Annexure A21 TRUE COPY OF APPOINTMENT CHART
NO.RIE(3)2649/17/GW IN CATEGORY NO.292/2017
Exhibit P1 TRUE COPY OF OA 1258/2019 FILED BY THE
PETITIONER BEFORE THE KERALA ADMINISTRATIVE
TRIBUNAL,TRIVANDRUM BENCH
Exhibit P2 TRUE COPY OF THE REPLY STATEMENT DATED
10.06.2020 FILED BY THE 2ND RESPONDENT
DIRECTOR,HEALTH SERVICES.
Exhibit P3 TRUE COPY OF THE REPLY STATEMENT DATED 11th
DECEMBER,2019 FILED BY THE 3RD RESPONDENT
KPSC
Exhibit P4 TRUE COPY OF THE REPLY STATEMENT DATED
18.03.2020 FILED BY THE 7TH RESPONDENT
REHABILITATION COUNCIL OF INDIA
Exhibit P5 TRUE COPY OF REJOINDER DATED 31.01.2020 IN
ANSWER TO 3RD RESPONDENT'S EXHIBIT P3 REPLY
STATEMENT
Exhibit P6 TRUE COPY OF ORDER DATED 03.02.2020 OF THE
TRIBUNAL
Exhibit P7 TRUE COPY OF THE MA 943/2020 DATED 29.06.2020
FOR PRODUCTION OF ADDITIONAL DOCUMENTS
(ANNEXURE 16 TO ANNEXURE 21)FILED BY THE
PETITIONERS/APPLICANTS
OP(KAT)No.137 of 2021 2025:KER:68145
Exhibit P8 CERTIFIED COPY OF ORDER OF THE KERALA
ADMINISTRATIVE TRIBUNAL,TRIVANDRUM BENCH
