IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 WP(C).No. 31766 of 2011(U) -------------------------- PETITIONER(S) : --------------------- 1. JAYAPRAKASH C.P.K., LAKSHMI NIVAS, ERAMAM P.O., PAYYANNOR, KANNUR DISTRICT. 2. USHA M.V., AJAY BHAVAN, M N R A 209, EROOR WEST P.O., TRIPUNITHURA, ERNAKULAM DISTRICT. BY ADVS. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENT(S) : ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO HEALTH AND FAMILY WELFARE (C) DEPARTMENT, THIRUVANANTHAPURAM, PIN- 695 001. 2. THE DIRECTOR OF HEALTH SERVICES, DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM, PIN- 695 001. BY SRI.LIJU STEPHEN, SR.GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AMV WP(C).No. 31766 of 2011(U) APPENDIX PETITIONER(S) EXHIBITS : EXT.P1 COPY OF THE CERTIFICATE DATED 1/7/1994 OF GENERAL NURSING AND MIDWIFERY ISSUED BY THE KERALA NURSES AND MIDWIVES COUNCIL ISSUED TO THE IST PETITIONER. EXT.P1(A) COPY OF THE CERTIFICATE DATED 01/04/2002. EXT.P2 COPY OF THE CERTIFICATE INDIAN NURSING COUNCIL ACT DATED 2/6/2000. EXT.P3 COPY OF THE LETTER DATED 14/6/2001. EXT.P4 COPY OF THE MINUTES OF THE NATIONAL EMPLOYMENT SERVICE EMPLOYMENT EXCHANGE. EXT.P5 COPY OF THE TABLE SHOWING THE SUBJECT ISSUED BY THE ALL INDIA INSTITUTE OF MEDICAL SCIENCE. EXT.P6 COPY OF THE LETTER ISSUED BY THE SECRETARY GENERAL EDUCATION (E) DEPARTMENT DATED 30/4/2005. EXT.P7 COPY OF THE ORDER ISSUED BY THE REGISTRAR, KANNUR UNIVERSITY DATED 26/4/2005. EXT.P8 COPY OF THE ORDER ISSUED BY THE REGISTRAR, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY DATED 10/2/1993. EXT.P9 COPY OF THE SPECIAL RULES. • EXT.P10 COPY OF THE FORWARDING LETTER DATED 15/7/2010 ISSUED BY THE INDIAN NURSING COUNCIL TOGETHER WITH COPY OF THE RESOLUTION. EXT.P11 COPY OF THE GOVERNMENT ORDER REFERRED IN EXT.P10 DATED 1/7/2008. EXT.P12 COPY OF THE LETTER DATED 9/5/2011 ISSUED BY THE IST RESPONDENT. EXT.P13 COPY OF THE INTERIM ORDER DATED 29/9/2011 IN WPC 25965/11. EXT.P14 COPY OF THE CIRCULAR DATED 26/11/2011 ISSUED BY THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A.TO JUDGE AMV K.SURENDRA MOHAN, J --------------------------------------------- W.P.(c)No.31766 of 2011 --------------------------------------------- Dated this the 29th day of November 2011 JUDGMENT The petitioners are working as Tutors on deputation/deployment under the second respondent, having been advised by the Kerala Public Service Commission and appointed thereafter. After obtaining a certificate of General Nursing and Midwifery issued by the Kerala Nurses and Midwives Council, the petitioners have obtained Degree of Bachelor of Science (Nursing) from the Indira Gandhi National Open University ('IGNOU' for short). The second respondent was not considering the qualification of the petitioner as equivalent to the degrees awarded by the other Universities. Therefore, the petitioners were not being considered for appointment as Tutors on regular basis. The petitioners had filed WPC No.27554 of 2010 challenging the action of the second respondent. According to the counsel for the petitioner, the said writ petition has been allowed by judgment dated 3.11.2011. 2. In the meantime, the second respondent has WPC No.31766 of 2011 2 issued Ext.P14 provisional seniority list of Staff Nurses/Head Nurses/Nursing Superintendents working in the Health Services Departments who are eligible to be promoted as Nursing Tutors by transfer as on 31.10.2010. The names of the petitioners do not find a place in Ext.P14. Therefore, the petitioners have filed this writ petition challenging the said provisional seniority list. 3. I notice from Ext.P14 that the same is only a provisional seniority list. It has been specifically mentioned therein that those who are aggrieved by the seniority assigned, whose entries are found missing or incorrect may file appeals within fifteen days of the date of the circular. Ext.P14 is dated 26.11.2011. Therefore, the petitioners still have sufficient time to file appeals against the omission to include their names in the provisional seniority list. However, the counsel for the petitioners expresses an apprehension that their appeals may not be considered or may be rejected. Therefore, they seek the issue of appropriate directions for consideration of the appeals on the merits. 4. In view of the fact that Ext.P14 has not become final and in view of the additional fact that the second WPC No.31766 of 2011 3 respondent has provided in Ext.P14 itself for the consideration of appeals against any mistakes that are there in the said list, it is only appropriate that the petitioners agitate their grievances by filing such appeals, in the first instance. The second respondent shall certainly consider such appeals on the merits, before finalising the provisional seniority list. Needless to say that appointment of persons to the post of Nursing Tutors shall be made only from a list so finalised, after passing final orders on the appeals filed against Ext.P14. 5. This writ petition is accordingly disposed of directing the second respondent to consider the appeals filed by the petitioners as well as other similarly placed persons in accordance with law and to pass final orders thereon, after hearing the petitioners also, before finalising the seniority list and making any appointments to the post of Nursing Tutors from the said list. Ordered accordingly. Sd/- K.SURENDRA MOHAN, JUDGE css/ true copy P.A.TO JUDGE