IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 WP(C).No. 1997 of 2009(K) ------------------------- PETITIONER(S): --------------- SANTHI V., D/O.K.VISALAKSHI AMMA, OTTAKARA HOUSE, ATHIYANOOR, ARALUMM P.O. PIN-695123. THIRUVANANTHAURAM. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR RESPONDENT(S): --------------- 1. CENTRAL SURVEILLANCE UNIT, NATIONAL INSTITUTE OF COMMUNICABLE DISEASES, REP. BY THE DIRECTOR GENERAL OF HEALTH SERVICES, MINISTRY OF HEALTH & FAMILY WELFARE, 22,SHAMNATH MARG, GOVERNMENT OF INDIA, NEW DELHI-110054. 2. NATIONAL RURAL HEALTH MISSION, STATE MISSION DIRECTOR (ARYOGYAKERALAM), DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY SECRETARY, HEALTH MINISTRY & FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. THE DIRECTOR OF HEALTH SERVICES & EX-OFFICIO STATE SURVEILLANCE OFFICER, THIRUVANANTHAPURAM. 5. THE DISTRICT MEDICAL OFFICER (HEALTH) & EX-OFFICIO DISTRICT SURVEILLANCE OFFICER, THIRUVANANTHAPURAM. 6. ANNNE D' SILVA,TREESA BHAVAN, KOCHUVELI T.T.P.P.O.,THIRUVANANTHAPURAM. ADV. SRI.M.AJAY,SC,NATIONAL RURAL HEALTH MIS FOR R2 SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 GOVERNMENT PLEADER, SRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.1997/2009-K ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 17th day of March, 2009 J U D G M E N T The petitioner seeks to challenge Ext.P15 notification issued by the second respondent inviting applications for appointment in various posts. The petitioner is a post graduate in Commerce and has acquired certificate course of Office Automation from Government Polytechnic for Women, Thiruvananthapuram. She has also working experience as a clerk. She has already worked as Supervisor during the IV Economic Census conducted by the Department of Economics and Statistics. The fifth respondent earlier had invited applications for the post of Accountant in the Integrated Deceased Surveillance Project (IDSP) under the Umbrella Project of National Rural Health Mission (NRHM). There was only one vacancy and pursuant to the application submitted by the petitioner she was successful in the selection and was appointed also. 2. It is pointed out by the learned counsel for the second respondent that the petitioner was appointed by the State Nodal Officer, IDSP and not by the NRHM. Earlier, she had filed a writ petition, W.P.(C). No.25166/2007 challenging Ext.P13 notification. The same was dismissed by Ext.P14 judgment. W.P.(C) No.1997/2009 -:2:- 3. According to the petitioner, going by Ext.P8, for the post of Accountant, the age fixed is below 60 years. But in Ext.P15 notification, it is fixed as 40 years. It is accordingly that the writ petition was filed. 4. The respondents have filed a statement as directed by this Court. It is explained in the statement that the petitioner is not qualified with Diploma in Computer Applications (DCA) nor has she claimed any experience in 'Tally' a computer accounting software, and any typing skills. The qualification required for Data Entry Operator-cum-Accountant, which is a new designation for the Accountants in IDSP, is B.Com with DCA, Tally and typing skills. It is therefore, submitted that she is ineligible to be considered for appointment on contract basis to the post of Data Entry Operator-cum-Accountant, which is the current requirement in IDSP in each District. Therefore, it is contended that the petitioner has no locus standi to challenge Ext.P15. Apart from that it is pointed out that the petitioner is not eligible for the post of Date Entry Operator-cum-Accountant and therefore, whether the age limit is prescribed as 40 years or 60 years it cannot in any manner prejudice her. 5. The learned counsel for the petitioner points out that in Ext.P15, the competent authority is permitted to grant relaxation in qualifications for any post or the number of posts. W.P.(C) No.1997/2009 -:3:- 6. It is the admitted position that the petitioner has not applied for the post of Data Entry Operator-cum-Accountant pursuant to Ext.15. In that view of the matter, the question of granting permission to relax qualification does not arise. Since the petitioner is not an applicant pursuant to Ext.P15, she cannot successfully challenge the selection process, especially, when she is not having the qualification prescribed for the post. Accordingly, the writ petition fails and the same is dismissed. 7. The learned counsel for the petitioner submits that the petitioner may be considered for any other posts which may be notified by the second respondent. 8. The same will be governed by the notification which will be issued for the purpose of making appointment. If the petitioner duly submits an application whenever a notification is issued, the same will be considered in accordance with the prescriptions contained in the notification. No costs. (T.R. Ramachandran Nair, Judge.) ms