C. Sundaresan, Pharmacist vs Kerala Public Service Commission and State of Kerala

S. Siri Jagan, J.—By Ext.P1 notification, the Public Service Commission invited applications for appointment by transfer to the post of Homeo Medical Officer in the Department of Homeopathy from the categories of employees of the Health Department detailed therein. The Petitioner who was a Pharmacist in the Government Homeopathic Medical College Hospital, Thiruvananthapuram, applied pursuant to the notification.

The Petitioner was originally included in the rank list prepared by the P.S.C. Later on, the P.S.C. issued Ext.P4 show cause notice directing the Petitioner to show cause why the Petitioner''s name should not be removed from the rank list insofar as the Petitioner was not eligible to be considered for the post since the method of appointment is by-transfer from pharmacists working in the Department of Homeopathy and the Petitioner is working in the Homeopathic Medical College Hospital which does not come under the Homeopathy department. The Petitioner filed Ext.P5 reply which ultimately resulted in Ext.P9 order deleting the Petitioner''s name from the rank list on the ground that the Petitioner is not eligible to apply for the post by-transfer. The Petitioner is challenging the same. I have heard the counsel for the Petitioner and the learned Government Pleader. Admittedly, the Petitioner is not a Pharmacist of the Department of Homeopathy. Only pharmacists working in the department of Homeopathy are eligible to be considered for appointment as per Ext.P1 notification inviting applications. Of course, the Petitioner raises a contention regarding violation of principles of natural justice insofar as before passing Ext.P9 order the Petitioner was not afforded an opportunity of personal hearing. I do not think that, that should stand in the way of my disposing the writ petition insofar as admittedly the Petitioner is not a Pharmacist in the Homeopathy department, who alone is eligible to apply for the post and even if a personal hearing is given to the Petitioner no useful purpose would be served. The Petitioner is unable to convince me that the Petitioner is eligible to be considered for appointment by transfer to the said post. As such there is no merit in the writ petition and accordingly the same is dismissed.