IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 WP(C).No. 15816 of 2010(B) -------------------------- PETITIONER(S): --------------- SREEJA BALAKRISHNAN, W/O.BINU.M.D, MUTTATHIL HOUSE, ULIKKAL P.O., KANNUR DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH & FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. DISTRICT MEDICAL OFFICER, KANNUR. 4. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 5. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KANNUR. GOVERNMENT PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ....................... W.P.(C).15816/2010 ....................... Dated this the 2nd day of June, 2010 JUDGMENT Petitioner is included in the rank list published for the post of Staff Nurse in Kannur District. Ext.P1 is the ranked list and is to expire on 4.6.2010. According to the petitioner, there are 72 substantive vacancies of Staff Nurses in Kannur District which are not reported to the PSC. It is in these circumstances, the prayer is sought for directing to report the vacancies to the PSC and for advising candidates from the list. 2. A statement has been filed on behalf of the 3rd respondent. It is stated therein that altogether 72 vacancies of Staff Nurses are available in Kannur District. Due to bifurcation of the Directorate of Medical Education from Health Service Department, 50 Staff Nurses from Kannur District have opted to DME and were transferred to various districts and that four Nurses from DME have been transferred to Kannur District also. Thus 46 posts of Staff Nurse are lying vacant in Kannur District and these 46 vacancies are kept W.P.(C).15816/10 2 vacant for accommodating Staff Nurses from DME itself and therefore, then vacancies could not be reported to the PSC. It is also stated that the remaining vacancies have already been reported to the PSC and that the PSC have advised three candidates after Ext.P3. It is also stated that balance 19 vacancies are set apart by the PSC for re-notification on account of non availability of reserved candidates in the reserved quota. On this basis, it is contended that petitioner's prayer for reporting 72 substantive vacancies is unsustainable. 3. However learned counsel for the petitioner submits that although the facts may be as reported in the statement filed on behalf of the 3rd respondent, there may be more Staff Nurses who are to be transferred out from Kannur District. It is stated that the availability of vacancies due to such transfers can be assessed only after the process of abolition of dual control is completed. Therefore, according to him, at present, the decision reflected in the statement may not be fully accurate. W.P.(C).15816/10 3 4. As already seen, the undisputed fact is that there are 72 vacancies in existence. Out of 72 vacancies, 22 have already been reported to the PSC. 4 Staff Nurses have joined from outside the District and therefore, the remaining vacancies are only 46. These 46 vacancies have been kept vacant by the authorities for accommodating Staff Nurses from the Directorate of Medical Education. Petitioner can seek a direction for reporting these vacancies only in the event of the possibility of a non availability of Staff Nurses from the Directorate of Medical Education against these vacancies. Such a contingency is not available even according to the pleadings in the writ petition. 5. Insofar as the contention of the learned counsel for the petitioner that in the event of Staff Nurses getting transfered out of Kannur District, there is a possibility of further vacancies and that these vacancies are also due to be filled up from out of Ext.P1 rank list, is concerned, in my view, the question of availability of such vacancies can arise only in the event of the abolition of the dual control system is completed. That situation is yet to arise W.P.(C).15816/10 4 and that process is not going to be completed before 4.6.2010, when the ranked list will expire. Petitioner can have no claim against such vacancies arising after 4.6.2010 since the list itself expires on 4.6.2010. Therefore, with the materials available, I am not persuaded to think that there exists any vacancy to be reported to the PSC. Writ petition fails and it is dismissed. ANTONY DOMINIC, Judge mrcs