IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 WP(C).No. 22422 of 2009(W) --------------------------------------- PETITIONER(S): --------------------- 1. ANAZ.K., S/O.KUNHAVARAN HAJI.K., VELLAKKEL HOUSE, KODAKKAD P.O, CHETTIPPADI (VIA), MALAPPURAM DIST.676 319. 2. SURESH.B., S/O.BHASKARAN.T., KOYIKKATHARA THEKKETHIL, PALA-SOUTH, KARUNAGAPPALLY P.O., KOLLAM-690 518. BY ADV. MR.KALEESWARAM RAJ RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HEALTH & FAMILY WELFARE, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 22422 of 2009 W =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 7th day of August, 2009 JUDGMENT Heard Sri.Kaleeswaram Raj, the learned counsel appearing for the petitioners. 2. The petitioners are candidates included in Ext.P1 ranked list for appointment to the post of Dental Mechanic Grade-II in the Health Services department. The ranked list came in to force on 20-8-2008. In this writ petition, the petitioners seek a writ in the nature of mandamus commanding the State of Kerala to consider and take appropriate action on Ext.P5 representation within a time limit to be fixed by this Court. Ext.P5 is a representation dated 16-6-2009 submitted by the Secretary, Kerala Dental Mechanic Grade-II Health Service Rank Listers Association. The request therein is to create posts of Dental Mechanic in all Taluk hospitals. The creation of a post is in the realm of administrative policy of the Government. The request made in Ext.P5 is to create the post of Dental Mechanic Grade-II in all Taluk hospitals. Ext.P5 representation is one filed by the Secretary of the Kerala Dental Mechanic Grade-II Health Service Rank Listers Association. Since Ext.P5 is not a representation submitted by the petitioners and as the petitioners have not been able to point out any right in them and a corresponding duty on the Government W.P.(C) No. 22422/09 2 to have the request made in Ext.P5 representation disposed of, the petitioners cannot seek a direction to the Government to take a decision on Ext.P5 representation. 3. Whether the post of Dental Mechanic Grade-II should be created in every Taluk hospital or not is a policy matter. Such decision will have financial implications. The Government is the best judge of the situation. This Court cannot, in my opinion, even if the signatory to Ext.P5 moves this Court, direct the Government to consider Ext.P5 representation. Further, the mere inclusion of the petitioners' names in the ranked list does not confer on them any right to be appointed. Further, in my opinion having regard to the ever increasing number of road accidents, the services of Neurosurgeons are much more required than that of Dental Mechanics. Therefore, the request made by the signatory to Ext.P5 can only be taken as a representation filed in the interest of rank holders and not in public interest. In these circumstances, I am of the opinion that this writ petition is misconceived and without any merit. This writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, JUDGE. mn.