High Court Kerala High Court

Dr. Biji.K.B. vs The Secretary on 7 July, 2010

Kerala High Court
Dr. Biji.K.B. vs The Secretary on 7 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 21099 of 2010(J)


1. DR. BIJI.K.B., AGED 37 YEARS
                      ...  Petitioner

                        Vs



1. THE SECRETARY, KERALA PUBLIC SERVICE
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

3. THE NATIONAL BOARD OF EXAMINATIONS

                For Petitioner  :SRI.M.RAJAGOPALAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :07/07/2010

 O R D E R
                        C.T.RAVIKUMAR, J.
                         ---------------------------
                    W.P.(C) No. 21099 OF 2010
                         --------------------------
                 Dated this the 7th day of July, 2010

                          J U D G M E N T

Pursuant to Ext.P1 notification issued by the first

respondent for selection to the post of Senior Lecturer in Pathology,

the petitioner submitted her application. In the ranked list drawn

pursuant to the said selection, the petitioner has been included at

rank No.22. Later, the first respondent issued Ext.P2 notice dated

26.3.2010 requiring the petitioner to produce the certificate to prove

that she had acquired Diplomate of National Board (DNB) prior to

the last date of receipt of the application. The same was issued

since in Ext.P3, the provisional certificate of passing Diplomate of

National Board, the date of its issuance is shown as 27.9.2010 (sic.

27.1.2010) whilst the last date of receipt of the application was

9.9.2009. In response to Ext.P3, the petitioner has submitted a

reply on 7.4.2010 along with Exts.P4 and P5 as its enclosures.

Ext.P4 is the Course Certificate dated 31.10.2008 and Ext.P5 is the

information down loaded from the Internet, relating to DNB

examination. As per Ext.P6 , the petitioner was informed that the

said documents are unacceptable and she was required to produce

records showing that the date of publication of DNB examination

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was prior to the last date of receipt of the applications viz., 9.9.2009.

For that purpose the petitioner was given 15 days. Ext.P6 is dated

7.5.2010. Subsequently, the petitioner was also served with Ext.P7

show cause notice dated 14.6.2010. As per the same, the petitioner

was informed of the proposal to delete her name from the ranked list

and she was also directed to show cause as to why the said

proposed action should not be taken against her. The petitioner has

shown cause as per Ext.P9 dated 22.6.2010. However, the first

respondent issued Ext.P10 dated 1.7.2010 deleting the name of the

petitioner from the ranked list dated 18.3.2010 prepared for

appointment to the post of Senior Lecturer in Pathology under the

Medical Education Department. It is challenging Ext.P10 that this

writ petition has been filed.

2. The thrust of the contentions of the petitioner is that the

action on the part of the first respondent in deleting her name as per

Ext.P10 is illegal for the reason that the issue involved in the matter

was not properly considered by the first respondent. According to

the petitioner, Ext.P3 the provisional certificate produced by the

petitioner would reveal the fact that she had actually passed the DNB

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examination held in May 2009. That apart, it is the contention of the

petitioner that the respondents should have taken note of Exts.P5(1)

and P5(2). According to the petitioner, they would reveal the fact

that petitioner has passed the DNB examination prior to 9.9.2009.

The further contention is that the date in Ext.P3 is immaterial as the

very certificate would reveal the fact that the petitioner has passed

the examination held in May, 2009.

3. I have heard the learned standing counsel appearing for

the first respondent as well.

4. Ext.P5(1) is the information downloaded on 24.4.2009

regarding DNB Theory and Ext.P5(2) is the downloaded information

dated 29.7.2009 relating the DNB Practical. In Ext.P5(1) it has been

categorically mentioned as hereunder:-

“PROVISIONAL PASS CERTIFICATE WILL BE ISSUED ONLY AFTER
ACCEPTANCE OF THE THESIS”

In Ext.P5(2) it has been stated thus:-

“RESULT (PASS/FAIL) WILL BE DECLARED ONLY AFTER
ACCEPTANCE OF THESIS.”

5. According to the petitioner, the said statements in

Exts.P5(1) and P5(2) would suggest that the petitioner has actually

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passed the DNB examination. The statements in Exts.P5(1) and P5

(2), as extracted actually go against the petitioner. The extract from

Ext.P5(2) would reveal that the result viz., passed/failed, would be

declared only after acceptance of thesis. Admittedly, the thesis

acceptance certificate was issued only on 16.1.2010 viz., much after

9.9.2009, the last date for acceptance of the applications. Hence,

the contentions raised by the petitioner based on Exts.P5(1) and P5

(2)cannot be upheld.

6. The next contention of the petitioner was based on

Ext.P3 provisional certificate. The relevant portion of Ext.P3 reads

thus:-

“Certified that Dr. BIJI K.B has been declared PASS
in the DNB final examination conducted by the Board
in May, 2009 with Roll No. PATH/82/069 in the
Discipline of PATHOLOGY.”

7. Ext.P3 is dated 27.1.2010. True, as per Ext.P3 the third

respondent certified that the petitioner has actually passed the final

examination conducted by the Board in May 2009 with Roll No.

PATH/82/069 in the discipline of Pathology. In the light of the

aforesaid materials, the petitioner contends that evidently she has

passed the examination in May 2009 and therefore the date in Ext.P3

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is immaterial.

8. It is thus evident that the petitioner was not actually

issued with the provisional pass certificate as on the dates on which

he had downloaded the informations in Exts.P5(1) and P5(2) and the

provisional pass certificate was admittedly issued only as per Ext.P3.

Ext.P3 is dated 27.1.2010. In fact, the same was issued only after

acceptance of the thesis on 16.1.2010, as specifically stated in

Ext.P5(2).Therefore, the fact that the DNB final examination was

conducted in May, 2009 has no relevance. There cannot be any

doubt with respect to the position that in respect of any examination

before declaration of its result nobody could legally claim that he/she

came out successful in the concerned examination. Therefore,

according to me, it is not the date of the examination that is crucial

and what is crucial is the date of declaration of the result of the

concerned examination. In this case, it is true that the petitioner has

appeared in the final DNB examination that was conducted by the

Board in May 2009. But the result of the said examination conducted

in May 2009 was declared provisionally only on 27.1.2010.

Therefore, I cannot find fault with the finding of the first respondent to

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the effect that on the last date of receipt of application i.e., 9.9.2009,

there was no declaration of the result of the petitioner in respect of

her DNB examination and as such, she was ineligible to apply in

response to Ext.P1 notification. The petitioner does not have a case

that the result of the DNB examination was declared prior to

27.1.2010, officially. In view of the facts thus obtained in this case, I

am of the view that there is no reason to interfere with Ext.P10 and to

review Ext.P10 judicially.

There is no merit in this writ petition and accordingly, it is

dismissed.

C.T.RAVIKUMAR
(JUDGE)
vps

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