IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 WP(C).No. 23491 of 2005(V) ---------------------------------------- PETITIONER(S): ----------------------- 1. PREETHY K.R., "JYOTHIS", WEST GATE, VAIKOM, KOTTAYAM DISTRICT, KERALA. 2. JINU MERLIM JAMES, PANDIMAKKIL HOUSE, U.C.COLLEGE P.O., ALUVA-683 102, KERALA. 3. MANJULA THULASI. S., "SUSEEL DHARA", PONVILA, PARASALA, THIRUVANANTHAPURAM,KERALA. 4. SHEENA K.S., "C.K.NIVAS", PERINGANMALA, KALLIYOOR P.O., THIRUVANANTHAPURAM-42, KERALA. BY ADV. MR.GEORGE POONTHOTTAM RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, MEDICAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 3. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTAM, THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER MR.V.T.K.MOHANAN R3 BY ADV. MR.ALEXANDER THOMAS,SC,KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.23491/2005 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE RANKED LIST FOR THE POST OF LECTURER IN ANATOMY (NON- MEDICAL) PREPARED BY THE PSC. P2:- COPY OF THE G.O.(P) NO.455/76/HEALTH DTD. 22.12.1976. P3:- COPY OF THE LETTER DTD. 28.3.07. RESPONDENT'S EXHIBITS R3(a):- COPY OF THE LETTER ISSUED BY THE GOVERNMENT DTD. 28.6.04. R3(b):- COPY OF THE LETTER ADDRESSED BY THE COMMISSION TO THE GOVERNMENT DTD. 10.9.04. R3(c):- COPY OF THE LETTER ISSUED BY THE GOVERNMENT DTD. 8.12.04. R4(a):- COPY OF THE EXTRACT OF THE RANKED LIST FOR THE POST OF LECTURER IN ANATOMY PUBLISHED BY THE KERALA PUBLIC SERVICE COMMISSION. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.23491/2005-V ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 11th day of November, 2009 J U D G M E N T The petitioners were candidates who were included in the ranked list for appointment to the post of Lecturer Anatomy (non-medical). The main prayer in the writ petition is for a direction to report to the P.S.C vacancies due to the non-medical candidates as per the specification in the Regulations of 1998 of Indian Medical Council. It is also prayed that a direction may be issued to fill up the 30% quota available to non medical candidates for appointment to the post of Lecturer in Anatomy (Non-medical) from Ext.P1 ranked list. 2. Going by the order passed by this Court in R.P.No.796/2006, in this writ petition, it is seen that 8 posts were reserved for non-medical category. 3. It is seen from the affidavit filed on behalf of the third respondent, dated 23/07/2007, that total number of Lecturers in Anatomy Medical Education is 41 out of which 12 being the 30% of the total cadre strength is set apart for non-medical category. Ext.P1 list came into force on 26/07/2004 and, on 20/10/2004, the Commission advised six candidates. They were appointed temporarily subject to the decision in W.P.(C).Nos.17590/2004 and W.P.(C). No.23491/2005 -:2:- 15478/2004. Two out of the six candidates did not join duty and these two non-joined duty vacancies were reported to P.S.C as per letter dated 12/04/2007. Thereafter, the Commission advised four candidates and, out of the four candidates one did not join duty. This non-joined duty vacancy was reported to the P.S.C as per letter dated 19/07/2007. The Commission advised two more candidates on 30/06/2007 and appointment orders were accordingly issued. Therefore, out of the 12 vacancies set apart for non- medical category, seven candidates have already been issued appointment orders and their joining duty is awaited and, for want of candidates against two specific vacancies set apart for turns of communities at that point of time, advice could not be made. 4. Going by the additional counter affidavit filed by the Commission dated 11/08/2007, no N.J.D vacancies or N.C.A turns are pending. The vacancy position is explained in paragraphs (3) & (4). Going by the same, six vacancies were available at the time of notification for selection and advice was made on 20/10/2004. Pursuant to the interim order in this writ petition, further six vacancies were reported and candidates were advised on 06/03/2007. The N.J.D of two candidates advised on 20/10/2004 were reported and, advice against these two vacancies (non-medical) was W.P.(C). No.23491/2005 -:3:- made on 30/06/2007. It is further explained that no N.J.D vacancy or N.C.A turns are pending to be satisfied for Lecturer in Anatomy (Non-medical). 5. In that view of the matter, as N.J.D vacancies have already been taken into consideration, no further orders are called for in the writ petition. The writ petition is accordingly disposed of recording the above facts. No costs. (T.R. Ramachandran Nair, Judge.) ms