IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 WP(C).No. 16455 of 2009(B) --------------------------------------- PETITIONER: ------------------- DEEPAK.P, SREEKRIPA, KUNNATHU PARAMBA, CALICUT ARTS & SCIENCE COLLEGE, MEENCHANDA, CALICUT. BY ADV. MR.O.D.SIVADAS. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, HEALTH AND FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM. 3. THE SECRETARY, THE KERALA PUBLIC SERVICE COMMISSION, PATTAM, THIRUVANANTHAPURAM. 4. THE EMPLOYMENT OFFICER, EMPLOYMENT EXCHANGE, KOZHIKODE. R1, R2 & R4 BY GOVT. PLEADER SMT. ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 16455 of 2009 B =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 15th day of June, 2009 JUDGMENT The petitioner who possesses the qualifications prescribed for appointment by direct recruitment to the post of Junior Health Inspector Grade II has filed this writ petition seeking an order restraining the respondents from filling up the vacancies of Junior Health Inspector Grade II otherwise than through the Employment Exchange. 2. On going through the writ petition and after hearing the submissions made at the Bar by the learned counsel appearing for the petitioner, the petitioners contentions are that though a large number of vacancies of Junior Health Inspector Grade II exist in the State of Kerala and the said vacancies have been ear marked to be filled up by appointing candidates through the Employment Exchange, the said posts are being filled up by candidates selected by the Kerala Public Service Commission on contract basis for a period of one year. 3. The method of appointment to the category of Junior Health Inspector Grade II is by promotion/ transfer of qualified hands in the Health and Family Welfare Department or by direct recruitment in the ratio W.P.(C) No. 16455/09 2 of 1 : 3 . The petitioner is admittedly not an in service candidate. Therefore, he can apply only for appointment by direct recruitment. The petitioner who has not applied for appointment by direct recruitment cannot, in my opinion, seek a writ in the nature of mandamus commanding the respondents to forbear from filling up the vacancies on contract basis by appointing candidates selected by the Kerala Public Service Commission. Further, none of the candidates selected by the Kerala Public Service Commission are on the party array. If the relief prayed for by the petitioner is granted, it will cause serious prejudice to the candidates selected by the Kerala Public Service Commission for appointment by direct recruitment. The writ petition is, in my opinion, without any merit. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, JUDGE. mn.