IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 WP(C).No. 36702 of 2008(T) --------------------------------------- PETITIONER(S): ----------------------- LEKHA CHERIYAN PATTARUMADATHIL HOUSE, TYMARVUMKARA WEST OTHARA P.O., VIA THIRUVALLA, PATHANAMTHITTA DISTRICT. BY ADVS.MR.M.POLY MATHAI MR.P.CHELLAPPAN RESPONDENT(S): ---------------------------- 1. THE STATE OF KERALA,REPRESENTED BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES DIRECTORATE OF HEALTH SERVICE THIRUVANANTHAPURAM. 3. THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. R1 & R2 BY SR. GOVERNMENT PLEADER MR.P.NANDAKUMAR R3 BY MR.ALEXANDER THOMAS,SC,KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.36702/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PRINT OUT TAKEN FROM P.S.C. SITE GIVING THE RANK LIST OF DIETICIAN GRADE II IN THE HEALTH DEPARTMENT. P2:- COPY OF THE REPLY DTD. 8.5.08 FROM DIRECTORATE OF HEALTH SERVICE. P3:- COPY OF THE REPRESENTATION DTD. 2.12.08 SUBMITTED BY THE PETITIONER'S HUSBAND TO THE 2ND RESPONDENT. P4:- COPY OF THE LETTER FROM 2ND RESPONDENT TO THE IST RESPONDENT DT. 3.12.08. RESPONDENT'S EXHIBITS R2(a):- COPY OF THE LETTER NO.EE3-102619/08/DHS DTD. 18.12.08. R2(b):- COPY OF THE ORDER EE3/35443/07/DHS DTD. 5.12.08. TRUE COPY P.A. TO JUDGE tss P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 36702 OF 2008 -------------------------- Dated this the 10th day of August, 2009 J U D G M E N T Heard Sri. Poly Mathai, the learned counsel appearing for the petitioner, Sri. P.Nandakumar, the learned Government Pleader appearing for respondents 1 and 2 and Sri. Alexander Thomas, the learned Standing Counsel appearing for the third respondent. 2. The petitioner, a candidate included in Ext.P1 ranked list for the post of Dietician Grade II, has filed this writ petition seeking a writ in the nature of mandamus commanding respondents 1 and 2 to report all vacancies of Dietician Grade II to the Kerala Public Service Commission before the expiry of Ext.P1 ranked list. The petitioner has also prayed for a writ in the nature of mandamus commanding the third respondent to advice candidates included in Ext.P1 ranked list against the vacancies reported by respondents 1 and 2. 3. In this writ petition, the petitioner has averred that vacancies of Dietician Grade II exist in the Mental Health Centres at Thrissur and Kuthiravattom. On that basis, while admitting this writ petition, this Court passed an interim order directing the Director of Health Services to provisionally report two vacancies of Dietician W.P.(C) No. 36702/08 2 Grade II to the Kerala Public Service Commission in such manner that it is received in the office of the Kerala Public Service Commission before the close of office hours on 18.12.2008. Pursuant to the said direction, the Director of Health Services reported two vacancies of Dietician Grade II to the Kerala Public Service Commission on 18.12.2008 itself. 4. The second respondent has filed a statement stating that the vacancy of Dietician Grade II arose in the Mental Health Centre at Kuthiravattom, when the incumbent was suspended from service and that as she has been reinstated in service in General Hospital, Kozhikode (Beach Hospital). As regards the vacancy in the Mental Health Centre at Thrissur, the second respondent has stated that Smt. Kochurani V. Manuel, a candidate ranked above the petitioner, was advised on 3.11.2008 and appointed on 5.12.2008 and that the vacancy at Thrissur has thus been filled up. The second respondent has however conceded that one vacancy of Dietician Grade II is available in the Mental Health Centre at Kuthiravattom, and that the said vacancy was reported to the Kerala Public Service Commission as per letter dated 18.12.2008. W.P.(C) No. 36702/08 3 5. Going by the averments in the statement filed on behalf of the second respondent, it is evident that only one vacancy of Dietician Grade II in the Mental Health Centre at Kuthiravattom, is available to be filled up by advising the candidates named in Ext.P1 ranked list. The petitioner is Serial No.7 in the main list of Ext.P7. Serial No.6 has already been advised and appointed. Therefore, the only relief that can be granted in this writ petition is to direct the Kerala Public Service Commission to advice one among the candidates included in Ext.P1 ranked list applying the rules of communal rotation to the vacancy of Dietician Grade II in the Mental Health Centre at Kuthiravattom. Such advice shall be made within two months from today. Thereupon, the Director of Health Services shall issue the necessary appointment order expeditiously. The writ petition is disposed of with the above directions. No costs. P.N.RAVINDRAN, JUDGE vps W.P.(C) No. 36702/08 4