IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 WP(C).No. 22790 of 2010(W) -------------------------- PETITIONER(S): --------------- DR.CHANDRIKA C.C., W/O.BAIJU, VELLAYIL HOUSE, NEAR KASABA POLICE STATION, PUDUSSERY, PALAKKAD DISRICT. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM 4. THE DISTRICT MEDICAL OFFICER, PALAKKAD DISTRICT. MR.ARAVIND KUMAR BABU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.22790 of 2010 (W) --------------------------------- Dated, this the 21st day of July, 2010 J U D G M E N T The petitioner was working as a Staff Nurse in the District Hospital, Palakkad. The petitioner submits that in 2002, she joined the MBBS course in a seat reserved under Nurses Quota and completed the course and House-Surgency. Thereafter she submitted Ext.P4 to the District Medical Officer requesting that she be posted as Assistant Surgeon. Thereupon the 3rd respondent issued Ext.P5 order directing the petitioner to rejoin as Staff Nurse in Kannur District. The petitioner states that she having completed MBBS, should be appointed as an Assistant Surgeon and seeking the said relief she has filed Ext.P7 before the 1st respondent. In Ext.P7, the petitioner has also placed reliance on Ext.P6 order issued by the 1st respondent on 28/01/1999 apparently in similar circumstances. 2. The petitioner has no case that under the Special Rules any such appointment is permissible. Therefore, this is a matter, which has to be considered and sorted out by the 2nd respondent, WP(C) No.22790/2010 -2- may be invoking Rule 39 of the General Rules. Having regard to the case of the petitioner that Ext.P7 representation filed by her is pending, the 2nd respondent is directed to consider Ext.P7 in the light of Ext.P6 and pass orders thereon. This shall be done as expeditiously as possible, at any rate, within six weeks of production of a copy of this judgment. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg