IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 WP(C).No. 18496 of 2010(J) -------------------------- PETITIONER(S): --------------- SUDHA L, AGED 38 YEARS JENIOR PUBLIC HEALTH NURSE, PHC, POZHIYOOR, THIRUVANANTHAPURAM. BY ADV. SRI.P.V.ELIAS SRI.K.UNNI VARGHESE RESPONDENT(S): --------------- 1. THE DIRECTOR OF HEALTH SERVICES THIRUVANANTHAPURAM. 2. THE DISTRICT MEDICAL OFFICER OF HEALTH THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. ARAVINDHKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.18496 OF 2010 (J) -------------------------------------------------- Dated this the 15th day of June, 2010 J U D G M E N T Petitioner is a Junior Public Health Nurse. She was initially working in Kozhikode District. When she applied for inter-district transfer to Thiruvananthpauram District, her request was considered and Ext.P1 order was issued, allowing inter-district transfer, extending her the preference available to schedule caste members of the service. Accordingly, she was issued Ext.P2 order of posting also. Now Ext.P3 order has been issued cancelling Ext.P1 on the ground that she was not eligible for Scheduled Caste preference. It is this order which is under challenge. 2. Petitioner has no case that she belongs to Scheduled Caste Category. Ex.P1 shows that inter-district transfer was granted to the petitioner, extending her the preference available to the Scheduled Castes. Having regard to the admitted fact that the petitioner is not a member of the Scheduled Caste, cancellation of Ext.P1 by Ext.P3 is valid. Therefore, Ext.P3 has to be up held and I do so. WPC.No. 18496/2010 :2 : 3. However, counsel for the petitioner submits that the request made by the petitioner for inter-district transfer was on her eligibility and on compassionate grounds, If so, it is clarified that even in spite of the cancellation of Ext.P1, it will be open to the petitioner to apply for inter-district transfer, in which case the same will be dealt with in accordance with law. Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/