IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 WA.No. 903 of 2008() ---------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.2263/2008 Dated 06/03/2008 .................... APPELLANT: PETITIONERS: ----------------------- 1. SHYJU K.P., KRISHNA VIHAR, P.O. MURINGERY,KANNUR DIST.670612. 2. MANOJ K.V., KOOVERI VAYAL, KOOVERI POST-670581, KANNUR. 3. ARUNKUMAR K.K., VRINDAVAN, KILIYANGAD, MATTANNUR COLLEGE, KANNUR-670702. 4. VINOD C.V., CHIRAKKAL VEETTIL, THIMIRI, THIMIRI P.O., CHAPPARAPPADAVU VIA., KANNUR-670 581. 5. SANTHOSH M., 'SAMUDRA', IRIVERY P.O., KANNUR-670614. 6. VIJAYAN K.V., KANNOM, KIZHAKKE VEETTIL, EZHOM P.O., PAZHAYANGADI VIA., KANNUR-670334. BY ADV. SRI.V.PREMCHAND RESPONDENTS: RESPONDENTS: ------------------------- 1. THE SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. W.A. NO.903/2008 3. THE DISTRICT MEDICAL OFFICER, KANNUR. 4. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY, PATTOM, THIRUVANANTHAPURAM. 5. PUSHPALATHA C.V., RTHYM HOUSE, KOOVERI P.O., KANNUR DISTRICT. BY GOVERNMENT PLEADER SRI.BENNY GERVACIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- W.A.No.903 OF 2008 ------------------------------------- Dated 23rd May, 2008 JUDGMENT Koshy,J . According to the appellants/petitioners, they are included in the rank list for the post of Junior Public Health Inspector in the Districts of Thiruvananthapuram and Alappupzha. The method of appointment to the post of Junior Public Health Inspector prescribed in Ext.P3 Government Order is as follows: “Method of appointment: (1) By promotion/transfer of technically qualified hands in the Health Services Department. (2) In the absence of technically qualified hands for appointment by promotion/transfer, by direct recruitment.” Therefore, it is very clear that direct recruitment can be made only in the absence of technically qualified hands for appointment by promotion or transfer. It is the contention of the respondents that the vacancies were reported after satisfying that no qualified hands were available. The Government undertook that vacancies reported during the currency of the rank list will be filled up from the rank list. It is submitted that W.A.903/2008 2 vacancies reported were filled up accordingly. The Government will have to go by the method of appointment mentioned in Ext.P3 subject to the currency of the rank list published by the Public Service Commission and availability of technically qualified hands in the Department. In the above circumstances, it cannot be stated that technically qualified hands in the department shall not be given appointment violating the Government Order. We are of the opinion that learned single Judge has considered the matter correctly and no interference is required. The appeal is dismissed. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks