IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WP(C).No. 34769 of 2004(L) -------------------------- PETITIONER(S): --------------- MOHAMMED KOYA C. CHUNDAYIL, S/O.MOIDI, AGED 35 YEARS, LIBRARY ATTENDER, GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE, KOZHIKODE. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE PRINCIPAL AND CONTROLLING OFFICER, GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE, TRIVANDRUM. 3. THE PRINCIPAL, GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE, KOZHIKODE. BY GOVT. PLEADER SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.34769 of 2004 ------------------------------- Dated this the 29th September, 2008. J U D G M E N T The petitioner who is presently working as Library Attender in the Government Homeopathic Medical College, Kozhikode, has filed this writ petition challenging Exts.P6 and P9 orders, and seeking promotion as Pharmacist. The petitioner entered service as Watcher on 12.6.1995 in the Government Homeopathic Medical College, Kozhikode. A vacancy of Library Attender arose on 31.5.1999 on the retirement of the incumbent Sri.Kunju Hassan, and in that vacancy, by Ext.P1 order, dated 16.6.1999, he was appointed by promotion as Library Attender. The petitioner claims that as he has passed the Nurse Cum Pharmacist Training Course, he is entitled to be promoted as Pharmacist. The said request was turned down by Exts.P6 and P9 orders, on the short ground that the post of Library Attender is not a feeder category for promotion to the post of Pharmacist. W.P.(C) No.34769 of 2004 2 The qualifications prescribed for the post of Pharmacist are as follows:- 1) A pass in SSLC Examination; 2) 3 years' experience as Attender/Attendant/Nursing Assistant/Store Attender in the Hospital/Dispensary/Medical Store of the Department. 2. The petitioner is admittedly working as Library Attender. Even if as claimed by him, he has passed the Nurse Cum Pharmacist Training Course, as the post of Library Attender is not a feeder category for promotion to the post of Pharmacist, he cannot claim or be granted promotion as Pharmacist. The writ petition is in my considered opinion misconceived and without any merit. In the result, the writ petition fails and it is accordingly dismissed. P.N.RAVINDRAN, JUDGE nj.