IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 18TH JUNE 2010 / 28TH JYAISTHA 1932 WP(C).No. 18964 of 2010(U) -------------------------- PETITIONER(S): --------------- 1. DR. ANITHA MOHAN, I.D.D. TECHNICAL OFFICER,I.D.D CENTRAL CELL DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM AND RESIDING AT ANITHARA, P.T.P. NAGAR, THIRUVANANTHAPURAM-38. 2. S.MARY SLESSOR, SENIOR GRDE DIETICIAN (CHIEF SCIENTIFIC OFFICER IN CHARGE) STATE NUTRITION BUREAU, DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM AND R ESIDING AT 'GRATIA', T.C.20/50 (2) PREM NAGAR, KARAMANA, THIRUVANANTHAPURAM. 3. KAJAL, DIETICIAN GRADE II, DISTRICT HOSPITAL, KOLLAM AND RESIDING AT KOMALEZHATHU, SRINAGAR, 376-A, PATTATHANAM, KOLLAM-21. 4. MINI PHILIP, DIETICIAN GRADE II, MENTAL HEALTH CENTRE, THIRUVANANTHAPURAM AND R ESIDING AT PALETT HOUSE, KANAKKARY.P.O., KOTTAYAM. 5. JAIS ABRAHAM, DIETICIAN, GOVT. WOMEN AND CHILDRENS HOSPITAL, THYCAUD, THIRUVANANTHAPURAM AND RESIDING AT II-K V GARDENS, MUTHOOT HOMES KUDAPPANAKUNNU, PEROORKKADA, THIRUVANANTHAPURAM-5 6. ROSAMMA GEORGE, SENIOR GRADE DIETICIAN GENERAL HOSPITAL, ERNAKULAM AND RESIDING AT CHAVADY HOUSE, POTTA.P.O. CHALAKKUDY. 7. MAYALAKSHMI.K., DIETICIAN, DISTRICT HOSPITAL, KOTTAYAM AND RESIDING AT SASTHA SADANAM, THIRUVATHIKKAL, KOTTAYAM-3. 8. DEEPA VARKEY, DIETICIAN GRADE II, GENERAL HOSPITAL, ALAPPUZHA AND RESIDING AT VATTAPPARAYIL HOUSE, VADUVAKKODE.P.O., ERNAKULAM-682810. BY ADV. SRI.J.HARIKUMAR WP(C) No. 18964/2010 RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HEALTH & FAMILY WELFARE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM. MR.ARAVIND KUMAR BABU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.18964 of 2010 (U) --------------------------------- Dated, this the 18th day of June, 2010 J U D G M E N T The petitioners are holding the posts of Dieticians and Nutritionists. Their grievance is that though they are in the administrative control of the State Nutrition Officer, they are not included in the feeder category to the said post. Pointing out this and also seeking appropriate modification in the Special Rules, they have filed Ext.P3 before the 1st respondent and seek a direction for its consideration. 2. Although fixation of method of recruitment and qualifications is basically the prerogative of the 1st respondent, when an affected party makes a representation alleging existence of anomalies in the Special Rules, it is necessary that the same should be duly adverted to. Having regard to the fact that in Ext.P3, all what is urged is rectification of the alleged anomalies, I direct the 1st respondent to consider Ext.P3 and pass orders thereon. This shall be done as WP(C) No.18964/2010 -2- expeditiously as possible, at any rate, within three months of production of a copy of this judgment, along with a copy of this writ petition. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg