IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 WP(C).No. 987 of 2005(P) ------------------------ PETITIONER: --------------- JOLLY VIJAYAN, LADY VILLAGE EXTENSION OFFICER GRADE I, BLOCK DEVELOPMENT OFFICE, THALIKULAM, TRICHUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 2. RURAL DEVELOPMENT COMMISSIONER, L.M.S. COMPOUND, TRIVANDRUM. 3. S.SARASWATHY AMMA, JUNIOR LECTURER (HOME SCIENCE), E.T.C. KOTTARAKKARA, VAMANAPURAM, TRIVANDRUM. 4. P.G.MARIYAMMA, JUNIOR LECTURER (HOME SCIENCE), CHITTUMALA, KOLLAM. 5. L.SHEELA, JUNIOR LECTURER (HOME SCIENCE), CHADAYAMANGALAM. 6. A.V.KALLYANI, JUNIOR LECTURER (HOME SCIENCE), E.T.C. THALIPARAMBU, KASARGODU. R1,R2 BY GOVERNMENT PLEADER ADV. SRI.PIRAPPANCODE V.SREEDHARAN NAIR FOR R3 & 4 SRI.PIRAPPANCODE V.S.SUDHIR FOR R3 & 4 SRI.L.G.SURESH BABU FOR R5 SRI.M.V.AMARESAN FOR R6 SRI.V.N.RAMESAN NAMBISAN FOR R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 987 of 2005(P) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE FAX MESSAGE NO. 15506/SCI/01/CRD DT.18.6.2004 OF THE 2ND RESPONDENT EXT.P2 : TRUE CPY OF THE APPLICATION DT.28.6.2004 SUBMITTED BY THE PETITIONER EXT.P3 : TRUE COPY OF THE APPOINTMENT ORER NO. 15506/SC/1/01/CRD DT.28.9.2004 RESPONDENTS' ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE jma K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C) No. 987 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of November, 2011 J U D G M E N T The petitioner, a Lady Village Extension Officer challenges the appointment made to the post of Junior Lecturers in the Extension Training Centres under the second respondent. The selection initiated as per Ext.P1 called for appointment to the post of Junior Lecturers in the branches of Rural Engineering, Home Science, Social Education and Agriculture from among qualified categories mentioned in Ext.P1; employed under the second respondent. The eligibility criteria was that applicants should have 5 years minimum service in the categories mentioned in Ext.P1 and graduate qualification in the respective subjects. There is no dispute that the petitioner was qualified as per Ext.P1 and that she applied for the post of Junior Lecturer(Social Education) on the basis of service in the cadre of Lady Village Extension Officer as also the graduate qualification in Sociology. The respondents however, published Ext.P3 list in which the petitioner did not find a place. The petitioner fairly admits that the persons who have been appointed to the post of WP(C) 987/2005 2 Junior Lecturer(Social Education),to which post she had applied, are seniors and the said appointments have not been challenged by her nor are the said parties made parties in the above writ petition. The petitioner's contention would rest on a totally different premise. In Ext.P3 list the respondents 3 to 5 who were admittedly juniors to the petitioner, find a place, having been appointed as Junior Lecturer(Home Science). The petitioner would contend that they are admittedly juniors and they do not have the requisite qualification in Home Science. 2. The official respondents have filed counter affidavit in which it has been categorically stated that the petitioner had applied for only the post of Junior Lecturer (Social Education) and hence, she could not have been considered for the post of Junior Lecturer in any other branches. Respondents 3 to 5 it is averred in the counter affidavit have comparable graduate qualifications which would entitle them to be considered as junior Lecturer in Home Science as per the Special Rules issued vide G.O(P) NO.302/67/PD. The contention of the Government that if the petitioner had applied for the post of Junior Lecturer (Home Science) then, the petitioner would have been considered would also show that the graduate qualification in Sociology is WP(C) 987/2005 3 considered by the respondents to be a comparable qualification for being considered to the post of Junior Lecturer in Social Education as well as in Home Science. The petitioner having not applied for the post of Junior Lecturer(Home Science) cannot make a claim for the same on the sole ground that she was not aware about her eligibility in applying for the same. It is to be noticed that Ext.P1 is not a notification calling for appointments from the public but is a direction for appointment from within the department itself. The petitioner admittedly, had been working in the department and it cannot be said that she was not aware of the posts to which she could have applied. In any event it is also revealed in the counter affidavit of the Government that the petitioner who joined service on 16.12.1993 was junior to respondents 3 to 6. Writ petition is without merit and accordingly dismissed. No costs. Sd/- (K. VINOD CHANDRAN, JUDGE) jma //TRUE COPY// P.A to Judge