IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 WP(C).No. 26186 of 2006(P) -------------------------- PETITIONER(S): --------------- K.CHANDRI, W/O. V.P.BHARATHAN, KUNDATHIL HOUSE, P.O.MURINGERI, ANCHARAKANDY, KANNUR DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH & FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT MEDICAL OFFICER, OFFICE OF THE DISTRICT MEDICAL OFFICER, KASARGOD AT KANHANGAD P.O., KANHANGAD, KASARGOD DISTRICT. MR.P.NANDAKUMAR, SR.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2010 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.26186/2006 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF COMPLAINT DATED 03/08/2005 FILED BY THE PETITIONER BEFORE R2. P2 : COPY OF COMPLAINT DATED 07/11/2005 FILED BY THE PETITIONER BEFORE R2. P3 : COPY OF LETTER DATED 19/08/2005 ISSUED BY R2. P4 : COPY OF JUDGMENT DATED 05/01/2006 IN WP(C) NO.399/2006. P5 : COPY OF LETTER DATED 21/04/2006 ISSUED BY R2. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.26186 of 2006 (P) --------------------------------- Dated, this the 17th day of August, 2010 J U D G M E N T Petitioner, who has passed Pre-Degree, registered with the Employment Exchange, Kasaragod. She was sponsored for the post of Part Time Sweeper in the office of the 2 nd respondent. However, when select list was published, her name was excluded. She filed complaints and in Exts.P3 & P5 communications issued by the 2 nd respondent, it is stated that the candidates selected were more meritorious than the petitioner. It is also stated that by virtue of circular No.13138/F2/H&FWD dated 24/05/2005, it has been directed that in the post of Part Time Sweepers, those who have SSLC or higher qualification shall not be appointed. It is aggrieved by Exts.P3 & P5 communications that this writ petition has been filed. 2. Learned counsel for the petitioner submits that so long as the Kerala Part Time Contingent Service Rules do not contain a limitation that those who have passed SSLC or higher qualification WP(C) No.26186/2006 -2- shall not be appointed, circulars in the nature of one mentioned in Exts.P3 & P5 communications could not have deprived the petitioner of her entitlement to be considered for appointment. 3. Exts.P3 & P5 show that in the selection in question, candidates selected were more meritorious than the petitioner and therefore, the selection as such does not call for interference. However, if the interpretation given in the circular dated 24/05/2005 is accepted that will deprive the petitioner of her chances for being considered for the post again in future and therefore, it is necessary to clarify that position for the said purpose alone. Appointment to the post of Part Time Sweeper is governed by the Kerala Part Time Contingent Service Rules framed under Section 2 of the Kerala Public Services Act. Qualification laid down for the post of Part Time Sweeper is good physique as per Rule 5. Therefore, there is nothing in the Special Rules providing any ineligibility based on any educational qualification. In the absence of such ineligibility incorporated in the Special Rules, it is impermissible for any of the Departmental Head to issue a circular WP(C) No.26186/2006 -3- modifying or amending the Special Rules. In this case, that precisely is what has happened. Therefore, it is clarified that in case the petitioner is found to be eligible to be sponsored for the post of Part Time Sweeper, she shall not be treated as ineligible only on the ground that in view of circular dated 24/05/2005 she is ineligible to be considered. It is so clarified. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg