IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 WP(C).No. 5156 of 2010(T) ------------------------- PETITIONER(S): --------------- M.ARUN KUMR, S/O. LATE V.V.K. NAIR, AGED 46 YEARS, VAZHOTH HOUSE, VALAMBOUR.P.O., VIA PATTIKAD, MALAPPURAM DISTRICT,679325 NOW WORKING AS HEALTH INSPECTOR GRADE II, PRIMARY HEALTH CENTRE, VALLIKUNNAM, ALAPPUZHA. BY ADV. SRI.K.R.RAJKUMAR SRI.JAGADEESH LAKSHMAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE THIRUVANANTHAPURAM. 2. THE DIRECTOR, DIRECTORATE OF HEALTH SERVICES,THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER, ALAPUZHA DISTRICT, ALAPUZHA. MR.P.NANDAKUMAR, SR.GOVERNMENT PLEADER FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.5156 of 2010 (T) --------------------------------- Dated, this the 25th day of May, 2010 J U D G M E N T The petitioner is working as a Health Inspector Grade II in the Health Services Department. He seeks inclusion of his name for considering him for appointment to the post of Deputy Mass Media Officer. 2. A statement has been filed on behalf of the 2nd respondent. It is stated that for filling up the post of Deputy District Education and Media Officer, applications were invited from eligible departmental candidates vide circular dated 05/07/2002, and that in response thereto, applications were received and a provisional list for transfer/promotion was prepared and circulated to all District Medical Officers. It is also stated that appeals filed against such list were considered and a final list was prepared vide order dated 06/02/2003. Based on the list, DPC was convened and promotion has been effected. It is stated that in response to circular dated 05/07/2002 inviting applications, the petitioner did not submit any WP(C) No.5156/2010 -2- application and that he made his request for the first time only on 06/06/2009. According to the 2nd respondent, since there is already a select list for promotion, application of the petitioner for inclusion in the list, could not be considered. 3. There is no reply contradicting the averments in the statement. In the light of the averments in the statement referred to above, which stands uncontradicted, the claim of the petitioner for inclusion in the select list and appointment to the post claimed is unsustainable. Therefore, the writ petition is only to be dismissed and I do so. (ANTONY DOMINIC, JUDGE) jg