IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 WP(C).No. 8126 of 2010(M) ------------------------- PETITIONER(S): --------------- SAJI I.K., ASSISTANT SURGEON, TALUK HEADQUARTERS HOSPITAL, KODUNGALLUR, KODUNGALLUR P.O., THRISSUR DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPT OF HEALTH & FAMILY WELFARE, GOVT.SECRETARIAT, THIRUVANANTHAPURAM 2. THE DIRECTOR OF HEALTH SERVICES, HEALTH SERVICE DIRECTORATE, THIRUVANANTHAPURAM 3. DR.MANU P.VISWAM, ASSISTANT SURGEON TALUK HOSPITAL, NORTH PARAVUR, ERNAKULAM DISTRICT. ADV. SRI.MILLU DANDAPANI FOR R-3 MR.ANTONY MUKKATH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.8126/2010 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE PROCEEDING BEARING FILE NO.R1A(3) 24454/99/GW DATED 21/8/99 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION. P2 : COPY OF ORDER BEARING NO.AE3-11895/99/DHS(2) DATED 1/11/99 ISSUED BY R2. P3 : COPY OF RELEVANT PORTION OF the LIST OF CANDIDATES ENCLOSED ALONG WITH EXT.P2. P4 : COPY OF MEMO NO.B7/1574/98/DME DATED 08/10/99 ISSUED BY THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. P5 : COPY OF COURSE & CONDUCT CERTIFICATE DATED 11/11/99 ISSUED BY THE PRINCIPAL OF GOVT.MEDICAL COLLEGE, KOTTAYAM. P6 : COPY OF PROCEEDINGS NO.A1/16224/99 DATED 28/11/99 OF THE DISTRICT MEDICAL OFFICER OF HEALTH, PALAKKAD. P7 : COPY OF G.O.(RT.) NO.48/2000/H&FWD DATED 4/1/2000 ISSUED BY THE GOVERNMENT. P8 : COPY OF PG DIPLOMA CERTIFICATE BEARING REGISTYER NO.457/DEC.2001 DATED 16/10/2002 ISSUED BY THE MG UNIVERSITY. P9 : COPY OF CERTIFICATE NO.5034/2004 DATED 1/3/2004 ISSUED BY THE KERLA PUBLIC SERVICE COMMISSION. P10 : COPY OF ORDER NO.D.DIS.(EA4) 62049/2005/DHS DATED 17/9/2005 OF R2. P11 : COPY OF ORDER NO.EA(SPL.CELL) 73201/07/DHS DATED 30/12/2009 OF R2. P12 : COPY OF RELEVANT PORTION OF THE PROVISIONAL RANK LIST OF ASST.SURGEONS. P13 : COPY OF APPEAL DATED 06/01/2010 SUBMITTED BY THE PETITIONER. P14 : COPY OF POSTAL ACKNOWLEDGMENT EVIDENCING THE SENDING OF EXT.P13. P15 : COPY OF RELEVANT PORTION OF GO(MS) NO.91/10/H&FWD DATED 25/02/2010 ISSUED BY THE GOVERNMENT. P16 : COPY OF RELEVANT PORTION OF FINAL SENIORITY LIST FOR THE SELECTION OF MEDICAL OFFICERS FOR SPECIALITY CADRE PUBLISHED AS PER GO(P) NO.69/10/H&FWD DATED 17/02/2010. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.8126 of 2010 (M) --------------------------------- Dated, this the 28th day of July, 2010 J U D G M E N T The petitioner's grievance is against Ext.P15 order and Ext.P16 final seniority list. 2. According to the petitioner, when Ext.P12 provisional seniority list was published, he filed Ext.P13 objection and that it was without considering Ext.P13 objection, that Exts.P15 & P16 were issued. It is in these circumstances, he seeks a direction for consideration of Ext.P13 objection and, if necessary, to review Exts.P15 & P16. 3. If as stated by the petitioner, Ext.P13 objection to Ext.P12 provisional seniority list was received before finalisation of the seniority list, that objection ought to have been considered. If as stated, seniority list was finalised without considering the objection, it is directed that the 2nd respondent shall consider Ext.P13 objection filed by the petitioner to Ext.P12 provisional seniority list and pass appropriate orders in the matter, if necessary WP(C) No.8126/2010 -2- reviewing Exts.P15 & P16. This shall be done as expeditiously as possible, at any rate, within eight weeks of production of a copy of this judgment. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg