IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 WP(C).No. 7484 of 2008(N) ------------------------- PETITIONER: ------------ MANJITH, AGED 26 YEARS, S/O.MURALI, ANIYIL, CHALAKKUDY - 680 307. BY ADV. SRI.K.K.CHANDRAN PILLAI SRI.A.S.SAJUSH PAUL RESPONDENTS: ------------- 1. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE DISTRICT OFFICER, PUBLIC SERVICE COMMISSION OFFICE, M.G.ROAD, THRISSUR. 2. THE DISTRICT MEDICAL OFFICER, THRISSUR. 3. STATE OF KERALA, REPRESENTED BY THE SPECIAL SECRETARY, HEALTH DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 4. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 5. THE DIRECTOR OF URBAN AFFAIRS, OFFICE OF THE DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM. BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ========================= W.P.(C)NO.7484 OF 2008 ========================= Dated this the 17th day of March 2008 JUDGMENT The petitioner was included in the rank list of Junior Health Inspector Grade II in the Health Services Department in Thrissur District. The list was published on 11.9.2007. Apparently 46 vacancies were reported by the second respondent. 39 candidates were issued with advice memos. It seems that there were two NJD vacancies. 2. Finding that the candidates included in the list may not be able to get appointment in the Health Services Department, option was given to such candidates for appointment under the Municipal Common Service. Admittedly, the petitioner did not give an option to be appointed in the Municipal Common Service, but the juniors to him gave option and they were appointed. Petitioner submits that it was only later that he came to know that the government has directed that appointment to the post of Junior Health Inspector Grade II will be resorted to principally by promotion. Method of appointment to the post of Junior Health W.P.(C)7484/2008 2 Inspectors grade II was appointment by transfer from the Health Services Department and in the absence of qualified persons by direct recruitment. The government had, for a period kept in abeyance the method of appointment by transfer and during this period, the rank list published in different districts were operated. Later taking note of the directions issued by this Court, government found that if there are technically qualified persons in the department, vacancies will have to be filled up by such persons. An order was therefore issued directing that the technically qualified persons be appointed from the department. 3. Petitioner has two contentions, firstly, he did not know that there would not be adequate vacancies in the Health Services Department, so as to make the option of appointment to the Municipal Common Service as a desirable alternative. He did not opt for appointment to the Municipal Common Service. He, therefore, prays that he should be given an option for appointment to the Municipal Common Service and he is willing to accept the same. This contention cannot be accepted. Petitioner was given an option, but he did not choose to accept the same. W.P.(C)7484/2008 3 4. Learned counsel for the petitioner Mr.K.K.Chandran Pillai submits that vacancies which were reported to the PSC should necessarily be filled up only by operation of the rank list. This submission is correct. In fact these principles have been upheld in the early mentioned decision also. The vacancies which were reported as on 10.3.2008 should be filled up only by enforcement of the rank list. Insofar as NJD vacancies are concerned, if the relinquishment was prior to the advice that should also be taken into account by the PSC and it should be treated as an NJD vacancy to be filled up by operation of the rank list. Subject to this observation, the writ petition is disposed of. V.GIRI, JUDGE css/