IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 WP(C).No. 10261 of 2008(V) --------------------------------------- PETITIONER(S): ----------------------- 1. SHEENA.V., VALIYAVILAKOM, THACHANKONAM, VARKALA, PIN : 695 141, THIRUVANANTHAPURAM. 2. SHEEBA.V., VALIYAVILAKOM, THACHANKONAM, VARKALA, PIN: 695 141, THIRUVANANTHAPURAM. 3. REENA.S., JOY NIVAS, ARUVIPURAM, MUTHUVILA P.O., KALLARA. 4. MINI.J., PARAYIL VEEDU, NEDUNGANDA P.O., PIN: 695 141, THIRUVANANTHAPURAM. 5. BINDU.V., N.V.NIVAS, PRALAYAGIRI, THOKKADU P.O., VARKALA. 6. BEENA S.R., KALLUVETTAN VILA VEEDU, VELLOORKONAM NAVAIKULAM P.O. NAVAIKULAM, THIRUVANANTHAPURAM. BY ADV. SRI.R.ANILKUMAR SRI.P.BANI RESPONDENT(S): -------------------------- 1. KERALA PUBLIC SERVICE COMMISSION, REP. BY SECRETARY, PATTOM, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REP. BY SECRETARY, PUBLIC HEALTH DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. W.P.(C) NO.10261/2008 *ADDL. R3 IS IMPLEADED. 3. NURSES AND MIDWIVES COUNCIL REP.BY REGISTRAR, RED CROSS ROAD, THIRUVANANTHAPURAM 35. ADDL. R3 IS IMPLEADED AS PER ORDER DT. 19.9.08 IN IA. 7485/08. ADV. SRI.ALEXANDER THOMAS,SC,KPSC GOVERNMENT PLEADER SMT.ANU SIVARAMAN FOR R2 SRI.N.RAGHURAJ, SC, TCMC & KNMC FOR ADDL.R3. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.10261 of 2008-V - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of January, 2009. JUDGMENT The petitioners have passed Auxiliary Nurse-Midwifery course conducted by the Kerala Nurses and Midwives Council. They have produced Exts.P1 to P1(e) certificates issued by the Nursing Council to show that they have obtained the said qualification. According to them, the said course is equivalent to Multi Purpose Health Workers Course which is necessary for appointment to the post of Junior Health Inspector Grade II. 2. The Public Service Commission issued notification dated 31.12.2005 inviting applications for the post of Junior Health Inspector Grade II. One of the qualifications prescribed is Multi Purpose Workers Certificate or equivalent certificate issued by the Kerala Health Service Department. This is evidenced by Ext.P3 Gazette Notification. Subsequently, they applied for the post and in the provisional list published by the Public Service Commission, petitioners 3 and 5 are included in the first main list, petitioners 1, 2 and 6 are included in the second main list and petitioner No.4 is included in the supplementary list of Ezhava community. According to the petitioners, the Public Service Commission subsequently WPC 10261/2008 2 deleted their names from the final rank list on the ground that they lack the technical qualification prescribed in the notification. The said action is challenged in this writ petition. 3. As per the directions issued by this court, the second respondent has filed a statement. It is pointed out that as per the notification, the qualification prescribed as technical is Multi Purpose Workers Certificate imparted by the Kerala State Health Services Department or its equivalent. The Govt. Order prescribing the qualification is produced as Ext.R2(a). It is pointed out that the Government is the authority to declare the equivalence of a course and so far the Government has not issued an order declaring that ANM Course is equivalent to the Multi Purpose Workers Training Certificate imparted by the Kerala Health Services Department. Thus, it is pointed out that as there is no such declaration by the State Government, the petitioners cannot contend that their qualification is equivalent to the one prescribed by the Public Service Commission in Ext.P3. 4. It is also explained that the Certificate Course in ANM relates to Field Nursing and it is an essential qualification for appointment as Junior Public Health Nurse. As far as Junior Health Inspectors are concerned, their basic qualification is Multi Purpose Workers Certificate. These personnel are appointed in Public Health Centres and other institutions whereas Junior WPC 10261/2008 3 Public Health Nurses mostly work in Public Health Centres. Thus, it is submitted that the duties of these two posts are different and therefore their qualifications are also different. 5. Learned counsel for the petitioners placed heavy reliance on Ext.P2 which is a certificate issued by the Registrar, Kerala Nurses- Midwives Council stating that the Auxiliary Nurse and Midwifery Course conducted by the Kerala Nurses Midwives Council is equivalent to Multi Purpose Health Workers Course. A reading of the certificate does not show the authority under which the Registrar has issued such a certificate. Further, the appointing authority as far as the post is concerned, is the Government itself and therefore the stand of the Government that the Government has not recognised such a course as equivalent, prevails over Ext.P2. If that be so, Ext.P2 will not advance the case of the petitioners. It is upto the Government alone, to take a decision on the sufficiency of the equivalent qualification. They will have to decide it based on the nature of the duties of the post i n question and other relevant aspects. In Ext.P3, equivalent qualifications are also shown. In that view of the matter, it cannot be held that the petitioners possess a qualification equivalent for the purpose of considering them for appointment as Junior Health Inspector WPC 10261/2008 4 Grade II. The deletion of their names cannot be said to be illegal. The writ petition fails and the same is dismissed. (T.R. Ramachandran Nair, Judge.) kav/