IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 WP(C).No. 33321 of 2008(P) ------------------------------------- PETITIONER(S): ------------------------ 1. SRUTHI K, PARAPOYIL HOUSE, VAYANTHODE, MATTANNUR P.O., KANNUR. 2. SOUMYA VARGHESE, MUTTUMANNIL HOUSE, ARARAGAM P.O., KANNUR. 3. NIMMY GEORGE, PARADIYIL HOUSE, MALAYAM PADI P.O., KELAKAM. 4. SHEENA C.C., PERUVAMBA, OLAYAMBADI P.O., KANNUR. 5. REMYA MATHEW, KUTTUKAPPALLIL, PATHAMPARA, ALAKODE, KANNUR. BY ADV. SRI.V.PREMCHAND RESPONDENT(S): -------------------------- 1. THE SECRETARY, DEPARTMENT OF HEALTH, GOVENMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE STATE MISSION DIRECTOR, NATIONAL RURAL HEALTH MISSION, DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE CHIEF EXECUTIVE OFFICER, AROGYAKERALAM, KANHANGAD, KASARGOD. 4. THE DISTRICT MEDICAL OFFICER, KASARGOD. 5. SUJA VIJAYAN, STAFF NURSE, GENERAL HOSPITAL , KASARGOD W.P.(C) NO.33321/2008 6. NAVYA D.V.,STAFF NURSE, GENERAL HOSPITAL , KASARGOD 7. PUSHPAVATI. M,STAFF NURSE, GENERAL HOSPITAL , KASARGOD 8. VINAYA THAZHEVEETTIL, STAFF NURSE, GENERAL HOSPITAL , KASARGOD 9. DIVYA A.V. STAFF NURSE, GENERAL HOSPITAL , KASARGOD 10. SHAIJA V.C., STAFF NURSE, GENERAL HOSPITAL , KASARGOD 11. RAJI K.P., STAFF NURSE, GENERAL HOSPITAL , KASARGOD 12. BINDHU C.P., STAFF NURSE, GENERAL HOSPITAL , KASARGOD 13. SEEMA K.V., STAFF NURSE, GENERAL HOSPITAL , KASARGOD 14. SADASIVAN K. STAFF NURSE, GENERAL HOSPITAL , KASARGOD ADV. SRI.M.AJAY,SC,NATIONAL RURAL HEALTH MIS FOR R2 BY GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ----------------------------- W.P.(C) NO: 33321 of 2008 ----------------------------- Dated this 26th day of November, 2008 JUDGMENT The petitioners have successfully completed the General Nursing and Midwifery Course from the Government School of Nursing, Kannur. They have also executed bonds undertaking to serve the State Government for three years. Their grievance is that when selection was made pursuant to the walk in interview held on 21.10.2008 in the General Hospital at Kasargod for appointment of Staff Nurses on contract basis, preference was not given to bonded nurses. The petitioners submit that Nurses who have passed out of a private Nursing College, who are third in the order of priority, have been appointed on contract basis in Kasargod district. 2. Sri.M.Ajay, the learned Standing Counsel appearing for respondents 2 and 3 submits on instructions that the petitioners are not bonded Nurses in Kasargod district. The learned Standing Counsel also submits that bonded Nurses were not available for appointment in Kasargod district. 3. The petitioners do not dispute the fact that the selection impugned in this writ petition was for Kasargod district. The WPC:33321 OF 20087 2 petitioners can claim appointment only in Kannur district. Such being the situation, the petitioners have no right to challenge the selection made pursuant to Ext.P4. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, JUDGE bps