IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 29TH OCTOBER 2010 / 7TH KARTHIKA 1932 WP(C).No. 33007 of 2010(A) --------------------------------- PETITIONER: --------------- DR.MANJUSHA VARGHESE, EDAKKALATHOOR, S.N.PARK ROAD, POOTHOLE PO,THRISSUR. BY ADV. SRI.V.E.ABDUL GAFOOR SRI.A.MOHAMMED SAVAD SMT.R.SHABANA RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT,HEALTH AND FAMILY DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM. ADV. MR. ALEXANDER THOMAS – SC MR. ANTONY MUKKATH – GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.33007 OF 2010 ------------------------------- Dated this the 29th day of October, 2010 J U D G M E N T Pursuant to notification inviting applications for selection of persons for appointment to the post of Assistant Surgeon in the Health Services Department, the petitioner applied and she was included in Ext.P2 rank list. Since sufficient vacancies were not reported to the PSC, when vacancies arose in the Municipal Common Service for appointment as Health Officer Gr.III, which is an equivalent post, the PSC invited options and the petitioner opted for advice as Health Officer Gr.III in the Municipal Common Service from Ext.P2 rank list. The petitioner has been advised accordingly. But, subsequent to the advice of the petitioner, pursuant to orders of this Court, further vacancies were reported for the post of Assistant Surgeon. According to the petitioner, if the petitioner had not opted for Municipal Common Service, she would have been eligible for advice as Assistant Surgeon in one of the vacancies so reported to the PSC by the Director of Health W.P.(c)No.33007/10 2 Services. In the above circumstances, the petitioner seeks cancellation of her advice as Health Officer Gr.III in the Municipal Common Service and seeks advice to one of those vacancies as Assistant Surgeon in Health Services Department. Seeking this relief, the petitioner has filed Ext.P6 representation before the PSC. The petitioner seeks a direction to the third respondent to consider and pass orders on Ext.P6 expeditiously. 2. I have heard the learned Standing Counsel for the PSC also. The learned Standing Counsel submits that Ext.P6 has been addressed to the Chairman and the same should have been addressed to the Secretary. He further submits that he does not agree with the proposition of the petitioner that the petitioner is entitled to be considered for advice to the post of Assistant Surgeon. 3. I am not inclined to go into the question of entitlement of the petitioner for such change of advice. In so far as Ext.P6 representation is pending, I do not think that it is proper for me to enter any finding in favour or against in respect of that question and it is for the third respondent to consider that issue in the first instance in accordance with law. W.P.(c)No.33007/10 3 In the above circumstances, this writ petition is disposed of with a direction to the appropriate authority of the third respondent to consider and pass orders on Ext.P6 as expeditiously as possible, at any rate, within two weeks from the date of receipt of a copy of this judgment. The petitioner shall produce a certified copy of this judgment along with a copy of the writ petition before the third respondent for compliance. S. SIRI JAGAN, JUDGE acd W.P.(c)No.33007/10 4 W.P.(c)No.33007/10 5