IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 WP(C).No. 8809 of 2010(A) ------------------------- PETITIONER(S): --------------- MURPHY JOSEPH, TUTOR TECHNICIAN, DEPARTMENT OF MICROBIOLOGY, T.D.MEDICAL COLLEGE, ALAPPUZHA. BY ADV. SRI.ELVIN PETER P.J. SMT.POOJA SURENDRAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 3. SMT.SHEEBA MATHEW, TUTOR TECHNICIAN, DEPARTMENT OF MEDICAL LABORATORY TECHNOLOGY, MEDICAL COLLEGE, THIRUVANANTHAPURAM. 4. SMT.ANITHA.S, TUTOR TECHNICIAN, DEPARTMENT OF MEDICAL LABORATORY TECHNOLOGY, MEDICAL COLLEGE, THIRUVANANTHAPURAM. 5. SMT.USHA KUMARI, TUTOR TECHNICIAN, DEPARTMENT OF MEDICAL LABORATORY TECHNOLOGY, MEDICAL COLLEGE, THIRUVANANTHAPURAM. 6. SMT.CICILY.L, TUTOR TECHNICIAN, DEPARTMENT OF MEDICAL LABORATORY TECHNOLOGY(PIPMS) MEDICAL COLLEGE, THIRUVANANTHAPURAM. 7. SRI.SACHIL KUMAR, TUTOR TECHNICIAN, DEPARTMENT OF BIOCHEMISTRY, MEDICAL COLLEGE, KOZHIKODE. 8. SRI.ABDUL RAHUMAN.T.M, TUTOR TECHNICIAN, DEPARTMENT OF MICROBIOLOGY, MEDICAL COLLEGE, KOZHIKODE. 9. SRI.G.GOPAKUMAR, TUTOR TECHNICIAN, PRIYADARSINI INSTITUTE OF PARA MEDICAL SCIENCES, MEDICAL COLLEGE, THIRUVANANTHAPURAM. GOVT. PLEADER SHRI.SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 8809/10. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE ORDER DTD.18.1.1989. P2. COPY OF THE ORDER DTD.1.2.95. P3. COPY OF THE ORDER DTD.25.6.07 BY R2. P4. COPY OF THE ORDER DTD.7.8.96 BY R2. P5. COPY OF THE ORDER DTD.14.1.08 BY R2. P6. COPY OF THE ORDER DTD.29.11.06 BY R2. P6(A) COPY OF THE SENIORITY LIST. P7. COPY OF THE OBJECTION. P8. COPY OF THE LETTER DTD.13.12.06 OF THE PRINCIPAL, MEDICAL COLLEGE, KOTTAYAM.. P9. COPY OF THE REPRESENTATION DTD.1.2.2010 P10. COPY OF THE LETTER DTD.22.2.2010 OF THE PRINCIPAL, MEDICAL COLLEGE, ALAPPUZHA. P11. COPY OF THE PROSPECTUS. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 8809 of 2010 ================== Dated this the 26th day of March, 2010 J U D G M E N T The petitioner is a Tutor Technician in the Medical Education Department of the Government of Kerala. She aspires for admission to the M.Sc. MLT. in the Medical College. The petitioner claims to be senior to respondents 3 to 9 in the category of Tutor Technician and therefore eligible to be admitted to the course in preference to respondents 3 to 9. But the petitioner apprehends that respondents 3 to 9 are likely to be given admission without considering the superior claim of the petitioner. The petitioner contends that in so far as the admission is to be made on the basis of seniority, the 2nd respondent is bound to finalise the seniority position first. According to the petitioner, by Ext.P6, a provisional gradation list has already been published and therefore, without first finalising the provisional gradation list, respondents 3 to 9 should not be give admission in preference to the petitioner. The petitioner, therefore, seeks a direction to the 2nd respondent to finalise the seniority list and to make admission to M.Sc. MLT course in accordance with such seniority. 2. I have heard the learned Government Pleader also. 3. Although notice has been served in the writ petition on respondents 4 to 9, none appears for them before me. Notice to the 3rd w.p.c.8809/10 2 respondent has been returned with the endorsement that she is abroad. 4. Having heard the learned counsel for the petitioner and the learned Government Pleader, I dispose of this writ petition with a direction to the 2nd respondent to finalise Ext.P6 provisional gradation list and to select persons for admission to M.Sc. MLT course only thereafter. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge