IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 WA.No. 1188 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.9333/2008 Dated 25/03/2008 .................... APPELLANTS/PETITIONERS ---------------------------------------- 1. SANKAR MONI.K., S/O.KRISHNA MONI, AGED 25, T.C.20/2832, KARAMANA P.O., TRIVANDRUM. 2. M.P.REKHA, D/O.A.P.MONI, GOKULAM, NR.EXCISE OFFICE, KATTAKKADA, TRIVANDRUM. BY ADV. SRI.BECHU KURIAN THOMAS RESPONDENTS: RESPONDENTS ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF HEALTH & FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, OFFICE OF THE DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. BY GOVERNMENT PLEADER SRI.SANDESH RAJA ADV. SRI.ALEXANDER THOMAS, SC, KPSC.- R3. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & P.N. RAVINDRAN, JJ. ---------------------------------------------------- W.A.NO.1188 OF 2008 ---------------------------------------------------- Dated this the 24th day of June, 2008. JUDGMENT Koshy, J: The appellants were included in the ranked list published by the P.S.C for the post of Junior Health Inspector Grade-II in Trivandrum and Malappuram districts. The method of appointment for the post of Junior Health Inspector Grade-II is as follows: 1. “By promotion/transfer of technically qualified hands in the Health Services Department. 2. In the absence of technically qualified hands for appointment by promotion/transfer by direct recruitment”. Note: In the absence of candidates with technical qualification for appointment of by i & ii via. Promotion/transfer and direct recruitment, Department hands with the general educational qualification will be considered subject to the condition that they should undergo Multipurpose Workers Training before appointment”. 2. The above Rule would show that direct recruitment can be made only if technically qualified in service hands are not available. The Government has full power to fix qualification, method of W.A.NO.1188/08 . 2 appointment and promotion. Junior Health Inspector Gr-II is a promotion post but, only if technically qualified hands are not available, direct recruitment is permitted. The contention that the method of appointment denies direct recruits from being appointed and the rule is in violation of the principles of Article 16 of the Constitution of India cannot be accepted. Merely because Government allowed direct recruitment in case of non-availability of technical hands in service, a fixed ratio cannot be reserved for direct recruitments. The decision of the Hon'ble Supreme Court in Govind Dattatray v. Ch. Controller of Imports and Exports (AIR 1967 SC 839) has no application in this case. It is true that if the Government has fixed a ratio regarding direct recruitment and promotion, that ratio should be strictly complied with. As per the special rules it is only if technically qualified hands in the Health Service Department are not available that direct recruitment can be made. The above rule is not in violation of any of the statutory provisions warranting interference by this Court. We see no ground to interfere with the judgment of the learned Single Judge. The writ appeal fails and it is dismissed. J.B. KOSHY, JUDGE. P.N. RAVINDRAN, JUDGE. W.A.NO.1188/08 . 3