Kerala High Court

WP(C)/31234/2012 of DR.SUDHAKAR T. Vs K.P.S.C. on 31 December 2012

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COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934 WP(C).No. 31234 of 2012 (D) --------------------------- NAME AND ADDRESS OF THE PETITIONER: ----------------------------------- DR.SUDHAKAR T., AGED 38 YEARS

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN

MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934

WP(C).No. 31234 of 2012 (D)

---------------------------

NAME AND ADDRESS OF THE PETITIONER:----------------------------------- DR.SUDHAKAR T., AGED 38 YEARS S/O.LATE VENUGOPAL REDDY, KARUNYA HOUSE DOOR NO.19/543, KOTTUVALLY, KAITHARAM P.O. ERNAKULAM DISTRICT. BY ADVS.SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.JAGAN GEORGE SRI.K.A.NOUSHAD SRI.P.U.VINOD KUMAR SRI.P.G.PRAMOD SRI.KANDAMPULLY RAHUL

NAME AND ADDRESS OF THE RESPONDENT(S):--------------------------------------

1. KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTOM THIRUVANANTHAPURAM-695004.

2. REGIONAL OFFICER KERALA PUBLIC SERVICE COMMISSION, KAKKANADU ERNAKULAM-682030.

BY SRI.P.C.SASIDHARAN, SC, KPSC

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

MNS

APPENDIX

PETITIONER(S) EXHIBITS:

EXHIBIT P1: A TRUE COPY OF THE CERTIFICATE DATED 7.9.1998ISSUED BY NTR UNIVERSITY OF HEALTH SCIENCES, ANDHRA PRADESH

EXHIBIT P2: TRUE COPY OF THE CERTIFICATE DATED 16.3.1999ISSUED BY THE ANDHRA PRADESH MEDICAL COUNCIL, HYDERABAD

EXHIBIT P3: TRUE COPY OF THE NOTIFICATION UNDER CATEGORYNO.567/2012 DATED 19.11.2012 ISSUED BY THE KPSC,THIRUVANANTHAPURAM.

EXHIBIT P4: TRUE COPY OF THE RELEVANT PORTION OF THEMATHRUBHUMI DAILY DATED 18.12.2012

EXHIBIT P5: TRUE COPY OF THE ADMISSION TICKET/INTERVIEWCARD DATED 12.12.2012 ALONG WITH CONDITIONS INCORPORATED INTHE SAID SUBSEQUENT NOTIFICATION.

RESPONDENTS' EXHIBITS:NIL

//TRUE COPY//

P.A TO JUDGE

P.N.RAVINDRAN, J.

-------------------------------

W.P.(C)No. 31234 of 2012

-----------------------------------

Dated this the 31[st] day of December, 2012

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JUDGMENT

The amendment to Ext.P3 notification issued by the Kerala PublicService Commission inviting applications for appointment to the post ofAssistant Surgeon in the Health Services Department after the lastdate fixed for the purpose, is under challenge in this writ petition. Byvirtue of the provisions contained in sub-section (3) of section 14 ofthe Administrative Tribunals Act, 1985, with the establishment of theKerala Administrative Tribunal, the jurisdiction of this Court toentertain writ petitions under Article 226 of the Constitution of India inrespect of service matters stands transferred to the KeralaAdministrative Tribunal. In such circumstances, I am of the opinionthat no relief can be granted in the instant writ petition. The remedyof the petitioner is in my opinion to move the Kerala AdministrativeTribunal seeking redressal of his grievances. The writ petition isaccordingly dismissed, leaving open the contentions of both sides andreserving liberty with the petitioner to seek redressal of his grievancesbefore the Kerala Administrative Tribunal.

Sd/- P.N.RAVINDRAN JUDGE

/True copy/P.A. to Judge

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