IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 WP(C).No. 22969 of 2007(H) -------------------------------------- PETITIONER: ------------------ BABU.A(EX-SERVICE), "MADHUVAN", EDAVATTOM, VELLIMON P.O., KOLLAM-691511. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI RESPONDENTS: ----------------------- 1. KERALA STATE PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, THATHAMPALLY P.O., ALAPPUZHA-688013. 3. THE DIRECTOR, MEDICAL EDUCATION, TRIVANDRUM. 4. THE DIRECTOR, HEALTH SERVICES, TRIVANDRUM. 5. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVT., HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT. SECRETARIAT, TRIVANDRUM. BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC SRI.ALEXANDER THOMAS,SC,KPSC GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).22969/2007 -------------------- Dated this the 10th day of March, 2008 JUDGMENT Petitioner had applied for the post of Junior Health Inspector Grade-II in the Health Services Department and also Health Inspector Grade-II in the Medical Education Department. Petitioner is an ex-service man. According to him, he is entitled to weightage for 20 years of service as mentioned in Ext.P2. He was not included in the short list. No weightage marks as such was given, for his service in that regard. It is this aspect which has been challenged in the writ petition. 2. Counter affidavit and an additional affidavit have been filed by the PSC. PSC has taken a stand that the weightage marks will be taken into consideration only for ranking, ie, at the time of preparation of rank list. Weightage marks for ex-servicemen are awarded to those who already figure in the zone of consideration for short listing. In the present case, marks obtained by the last candidate in the probability list is 63 and the petitioner did not secure enough marks for inclusion in the said list. W.P.(C).22969/2007 2 Petitioner filed reply affidavit and pursuant to an interim order passed by this Court on 7.1.2008, an additional counter affidavit has also been filed by the respondents. 3. In my view, final opinion as to whether the stand taken by the PSC in this regard is correct or not may appropriately be taken in the light of Ext.P11 which has now been issued by the Director of Sainik Welfare in the form of communication. It is stated that Trade Health Assistant/Sanitary Assistant of Army (AMC) is equivalent to Sanitary Darogha and courses of Class-II (one year) and Class-I (six months) are a compulsory part of the service. Learned counsel for the petitioner Mr.Jaju Babu submits that it is only appropriate that the opinion expressed by the Director is considered by the PSC. After all, this was not available when they took a decision, deciding not to include the petitioner in the probability list. 4. Having heard the learned counsel on both sides, I am of the view that the issue as to whether the petitioner is entitled to be considered as qualified for W.P.(C).22969/2007 3 the posts in question, will have to be re-considered in the light of Ext.P11. 5. Accordingly, writ petition is disposed of directing the first respondent to consider Ext.P11 and take a fresh decision as to the petitioner’s qualification for the post of Junior Health Inspector Grade-II in the Health Services Department and Health Inspector Grade-II in the Medical Education Department in the light of Ext.P11. Petitioner shall be given notice before a decision is taken by the first respondent and the petitioner is at liberty to produce materials in support of the stand taken in Ext.P11. Fresh decision may be taken within two months from the date of receipt of a copy of this judgment. If the petitioner’s claim is accepted, question of weightage marks relatable to the service in the Army, should also be taken into account before including him in the list. V.GIRI, Judge mrcs