IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 WP(C).No. 36449 of 2009(A) -------------------------- PETITIONER(S): ----------------- 1. SUMA V.K., STAFF NURSE, NEW MEDICAL COLLEGE HOSPITAL, KOZHIKODE. 2. PUSHPALETHA P.R., STAFF, NEW MEDICAL COLLEGE HOSPITAL, KOZHIKODE. 3. ROSIT EPHREM, STAFF, NEW MEDICAL COLLEGE HOSPITAL, KOZHIKODE. 4. SIMILY SEBASTIAN, STAFF, NEW MEDICAL COLLEGE HOSPITAL, KOZHIKODE. 5. CISSY ANTONY, STAFF, NEW MEDICAL COLLEGE HOSPITAL, KOZHIKODE. 6. MINIMOL NARAYANAN, STAFF, NEW MEDICAL COLLEGE HOSPITAL, KOZHIKODE. 7. SHILAJA A.P., STAFF, NEW MEDICAL COLLEGE HOSPITAL, KOZHIKODE. 8. SUDHIMOL A.T., STAFF, NEW MEDICAL COLLEGE HOSPITAL, KOZHIKODE. 9. SEVIYATHUMMA M., STAFF, NEW MEDICAL COLLEGE HOSPITAL, KOZHIKODE. 10. SHEELA C.ANTONY, STAFF, NEW MEDICAL COLLEGE HOSPITAL, KOZHIKODE. 11. RAJANI K.V., STAFF, NEW MEDICAL COLLEGE HOSPITAL, KOZHIKODE. 12. PREMA A.K., STAFF, NEW MEDICAL COLLEGE HOSPITAL, KOZHIKODE. WPC NO.36449/09 -2- 13. JAYMOL SCARIA, STAFF, NEW MEDICAL COLLEGE HOSPITAL, KOZHIKODE. 14. SHEELA A.B., STAFF, NEW MEDICAL COLLEGE HOSPITAL, KOZHIKODE. 15. SAIJAMOL R., STAFF, NEW MEDICAL COLLEGE HOSPITAL, KOZHIKODE. 16. RESMI BALAKRISHNAN, STAFF, NEW MEDICAL COLLEGE HOSPITAL, KOZHIKODE. BY ADV. SRI.C.P.MOHAMMED NIAS RESPONDENT(S): ------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE MEDICAL SUPERINTENDENT, MEDICAL COLLEGE HOSPITAL, KOZHIKODE. 3. THE PRINCIPAL, MEDICAL COLLEGE, KOZHIKODE. 4. DISTRICT MEDICAL OFFICER, KANNUR. SR.GOVT.PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 36449 OF 2009 (A) ===================== Dated this the 17th day of December, 2009 J U D G M E N T The challenge in this writ petition is against Ext.P4, the proceedings of the Director of Health Services, temporarily allotting 40 Staff Nurses from Kozhikode District to District Medical Officer (H) Kannur on administrative grounds, in so far as it includes the petitioners. 2. According to the petitioners, on the abolition of dual control system, they did not opt for the Medical Education Department as they wanted to remain under the Health Services Department. It is stated that without any criteria, the petitioners have now been alloted to Kannur District as per Ext.P4, despite the availability of vacancies in Calicut District and its nearby areas, which is more convenient to the petitioners. 3. However, a reading of Ext.P4 shows that the District Medical Officer, Kannur reported that 51 numbers of Staff Nurses were relieved to the Directorate of Medical Education following the process of abolition of Dual Control System resulting in severe shortage of staff nurses in the various institutions including the WPC 36449/09 :2 : District Hospital and General Hospital in Kannur. On that basis request was made to the Director of Health Services to provide adequate number of Staff Nurses as a remedial measure and on account of public agitation. It was to meet such a requirement that 40 Staff Nurses have been temporarily alloted to Kannur District as per Ext.P4. 4. Learned Government Pleader on instruction also reiterates that the allotment by Ext.P4 is purely a temporary measure and that the matter will be reviewed and that to the extent possible, the grievance of everyone concerned will be redressed. 5. As far as this Court is concerned, within the limited area of its examination, I am not in a position to find any arbitrary exercise of power in Ext.P4. On the other hand, Ext.P4 shows acute shortage of Staff Nurses in Kannur and that it was to remedy such a situation and particularly on account of public agitation that a temporary allotment has been made. No grounds have been made by the petitioners. 6. Petitioners state that they have made representations to WPC 36449/09 :3 : the Director of Health Services seeking orders to retain them in Kozhikode District. If any such representations have been made, it is upto the petitioners to pursue the same before the authority concerned. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp