Geethu v. Secretary, Kerala Public Service Commission
2024-01-09
BASANT BALAJI
body2024
DigiLaw.ai
JUDGMENT : Basant Balaji, J. 1. Petitioners’ are the final-year MD students in Ayurvedha colleges in Kerala. Normally, the final exams are conducted in November, and results will be published in December every year. But this year, the exams are scheduled to be conducted in February. In the meanwhile, a notification to the post Medical Officer has been announced by the 1st respondent, and the applications must reach on or before 31.01.2024. The results of the petitioners’ final exam will be published only during April 2024. Therefore, representations were submitted before the 1st respondent to extend the period for filing the application upto April 30th 2024. 2. It is also submitted that the Medical Officers test was conducted in 2010 and in 2017, and thereafter it is coming after the lapse of five years. Therefore, if the petitioners are not given an opportunity to submit their application, they will loose a chance and will have to wait for years for the next notification. Therefore, the petitioners seek the following reliefs: “1. Issue a direction to the 1st respondent to take steps to extend the time for applying for the post of Medical Officer Panchakarma from 30.01.2024 to 30.04.2024 for getting an opportunity for the petitioners for applying for the post after completing their MD/PG course within such time prescribed by this Honourable Court. 2. Dispense with filing of the translation of vernacular documents. 3. To gent such other reliefs as this Honourable Court my deem just and fit in the circumstances of the case.” 3. The Counsel for the petitioners relies on a judgment of this Court in OP (KAT) No. 507 of 2023, wherein two young lady doctors who were undergoing Post-Graduation availed of maternity leave for six months and during the said period there was a notification for the post of Assistant Professor invited by the PSC. Taking into consideration, the various judgments of the Apex Court in respect of right to equality on the basis of gender, this Court allowed the Original Petition by making the interim order absolute. The facts of that case is entirely different, as in that case, the petitioners, who are lady doctors, were under maternity leave, and the Division Bench of this Court held that bearing a child and taking leave during the maternity period would not dis-entitled them from applying for the post, as the same would cause gender discrimination.
The facts of that case is entirely different, as in that case, the petitioners, who are lady doctors, were under maternity leave, and the Division Bench of this Court held that bearing a child and taking leave during the maternity period would not dis-entitled them from applying for the post, as the same would cause gender discrimination. The facts of this case as well as the facts stated in OP (KAT) No. 507 of 2023 are entirely different, and the same cannot be accepted as precedent for this case. 4. The petitioner has produced the notification as Ext.P12. A perusal of the same would show that the last date for submitting the application is 31.1.2024. 5. When the 1st respondent has issued a notification prescribing a particular cut-off date for submitting the application, the same cannot be extended by this court, under any circumstances. The cut-off date has to be strictly followed, as otherwise it will be an unending process if time is extended by this Court for one reason or another. The cut-off date is also meant for acquiring the minimum qualifications as on that date. Therefore, the petitioners’ request for extension of time for submitting applications till 30.04.2024 by extending the last date for submitting the application by the 1st respondent cannot be granted by this Court under Article 226 of the Constitution of India. 6. Therefore, this Writ Petition cannot be entertained and it is dismissed.