IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 27TH OCTOBER 2010 / 5TH KARTHIKA 1932 OP (CAT).No. 463 of 2010(S) --------------------------- OA.766/2009 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER: ------------------------------- LEKHA.S., D/O.NARAYANAN, PUTHENPURACKAL VADAKKATHIL, CHERUTHANA NORTH, AYYAPARAMBU P.O., ALAPPUZHA-690 517. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN SMT.NITA.N.S. RESPONDENTS: --------------- 1. THE DIRECTOR, MODEL & SUPER SPECIALITY HOSPITAL, EMPLOYEES STATE INSURANCE CORPORATION, ASRAMAM, KOLLAM-691 002. 2. THE JOINT DIRECTOR, MODEL & SUPER SPECIALITY HOSPITAL, EMPLOYEES STATE INSURANCE CORPORATION, ASRAMAM, KOLLAM-691 002. 3. THE MEDICAL SUPERINTENDENT MODEL & SUPER SPECIALITY HOSPITAL EMPLOYEES STATE INSURANCE CORPORATION ASRAMAM, KOLLAM-691 002. BY ADV. SRI.P.SANKARANKUTTY NAIR, SC THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 27/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & K.SURENDRA MOHAN, JJ. .................................................................... O.P.(CAT) No.463 of 2010 .................................................................... Dated this the 27th day of October, 2010. JUDGMENT Ramachandran Nair, J. Heard counsel for the petitioner and we have also gone through the order of the CAT impugned in the W.P.(C). Petitioner filed application before the CAT for direction to the respondents to appoint her as a Nurse under the OBC category. The specific case of the petitioner was that there were 70 vacancies and out of which 19 ought to have been filled up from OBC category. However, it is the finding of the Tribunal that the staff strength was later fixed at 68 and the respondents have made some appointments by transfer from other hospitals. Consequently vacancy position came down to 34, out of which 18 were appointed from the OBC category. In fact respondents produced names and addresses of the candidates appointed from OBC category. The clear finding of the Tribunal after examining the vacancy position and the appointments made is that the appointments were made strictly in terms of the reservations provided. Petitioner O.P.(CAT) 463/2010 2 may have a chance only if any person appointed under the OBC category was eligible to be appointed from the merit list by virtue of the position in the rank list. If such a situation happens, then the appointment of candidate in the merit list under reservation category will have to be changed and petitioner can probably claim the post. The Tribunal has given two months' time to the petitioner to make representation. If required, petitioner can check correctness of information by approaching the respondents through an application under the Right to Information Act. We grant another two months' time to the petitioner to make representation in terms of Tribunal's order. W.P.(C) is disposed of as above. C.N.RAMACHANDRAN NAIR Judge K.SURENDRA MOHAN Judge pms