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Asha Mohan.M.G vs State Of Kerala

High Court Of Kerala|18 November, 2014
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JUDGMENT / ORDER

ANTONY DOMINIC, J.
Annexure-A2 is the ranked list for the post of Nurse Gr.II (Homoeopathy). In that rank list, the petitioner was included at Sl.No.15. The said list was published on 03/10/2011. Special Rules were introduced with effect from 29/7/2011, where the qualifications were altered.
2. While matters stood thus the petitioner filed O.A.No.32 of 2014, seeking a direction to the respondent to advise her to the vacancies on the basis of Annexure-A2 ranked list. The Tribunal disposed of the Original Application relying on Full Bench judgment of this Court in Mohanan Vs. Director of Homoeopathy [2006(3) KLT 641(FB)]. It is this order of the Tribunal which is challenged before us.
3. We heard the learned counsel for the petitioner, the learned Government Pleader appearing for respondents 1 and 3 and the Standing Counsel appearing for the 2nd respondent.
O.P.(KAT).No.387 of 2014 2
4. From the Full Bench judgment in Mohanan's case (Supra) it is evident that vacancies which arose subsequent to 29/7/2011, will have to be filled up on the basis of the Special Rules, which were brought into force with effect from that date. This, precisely, is what the Tribunal has also stated in Ext.P4 order impugned in this Original Petition. The said order is fully in consistent with the principles laid down in the Full Bench judgment in Mohanan's case.
We do not find any illegality in the order passed by the Tribunal to entertain the Original Petition.
The O.P.(KAT) is dismissed.
ANTONY DOMINIC, JUDGE ANIL K.NARENDRAN, JUDGE skj
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Title

Asha Mohan.M.G vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
18 November, 2014
Judges
  • Antony Dominic
  • Anil K Narendran
Advocates
  • Sri Suman Chakravarthy
  • Sri
  • A S Anilkumar