IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 WP(C).No. 28815 of 2008(E) --------------------------------------- PETITIONER(S): ---------------------- 1. P.M.DINESAN, PEON, PRIMARY HEALTH CENTRE METHALA, THRISSUR DISTRICT. 2. N.C.SUSANTH, PEON, PRIMARY HEALTH CENTRE, PERALASSERY, KANNUR DISTRICT. BY ADV. SRI.CHERIAN VARGHESE SRI.P.K.MAJEED RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICE, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ====================================== W.P.(C)No. 28815 of 2008 ====================================== Dated this the 14th day of October 2008 JUDGMENT The petitioners are Peons working in the Health Services Department. They claim preference in the matter of promotion as Junior Health Inspector Grade II. According to the petitioners, Diploma in Health Inspector Course which they possess is a superior qualification to Sanitary Inspector's Training Certificate Course and therefore they are entitled to be preferred for appointment to the post of Junior Health Inspector Grade II. Ext.P7 is the combined seniority list of qualified hands in the Health Services Department arranged in the order of seniority for promotion to the post of Junior Health Inspector Grade II. In this writ petition, the petitioners challenge Ext.P7 and claim preference over persons included therein who have passed the Sanitary Inspectors Training Certificate Course. 2. By Ext.P1 order issued as early as on 23.1.1989, the State Government fixed the qualifications for appointment to the post of Junior Health Inspector Grade II. They are Qualifications: i. General: Pass in SSLC examination or its equivalent. ii. Technical : Multipurpose Workers Training Certificate imparted by the Kerala State Health Services Department or its equivalent. In the absence of candidates possessing the above Technical W.P.(C)28815/2008 2 qualification, iii) Health Inspector's Training Certificate/Sanitary Inspector's Training Certificate (Diploma) of the All India Institute of Local Self Government, Bombay or its equivalent. Note:- Candidates possessing item (iii) of the qualification should undergo inservice Multipurpose Workers Training after appointment. 3. By Ext.P6 order dated 8.7.2008, the qualifications and method of appointment prescribed in Ext.P1 were amended. The relevant portion of Ext.P6 reads as follows: “Diploma in Health Inspector Course (DHIC) will be the qualification for appointment to the post of Junior Health Inspector Grade II from the date of effect of this order or from the date of expiry of the existing PSC Rank List, whichever is later. If Rank List is not existing in any District at present, the same will be prepared only with the amended qualification of DHIC. The existing employees, who are qualified as per the prevailing rules will be exempted from acquiring a pass in DHIC.” 4. The petitioners admittedly possessed a Diploma in Health Inspectors Course. Ext.P6 discloses that existing employees of the Health Services Department who were qualified as per the pre-existing rules will be exempted from acquiring a pass in the Diploma in Health Inspector Course. It is on the basis of the stipulations in Ext.P6 that Ext.P7 proceedings was issued and the W.P.(C)28815/2008 3 list appended to it drawn up. The claim made by the petitioners in this writ petition is that as they have passed the Diploma in Health Inspector Course, they are entitled to be preferred over persons named in Ext.P7 who have passed only the Sanitary Inspector's Training Certificate Course. The petitioners claim preference in the matter of appointment as Junior Health Inspectors Grade II. The petitioners do not challenge Ext.P6 or the stipulation therein that those in-service candidates qualified as by the pre- existing rules will be exempted from acquiring a pass in the Diploma in Health Inspector Course. The petitioners claim that by virtue of the fact that they have passed the Diploma in Health Inspector Course, they are entitled to preference over other candidates included in the list appended to Ext.P7. In the absence of a challenge to Ext.P6 and as Ext.P6 does not confer any superior right on persons who have passed Diploma in Health Inspector Course, the claim made by the petitioners is plainly untenable. The writ petition accordingly fails and it is dismissed. P.N.RAVINDRAN, JUDGE css/