IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 WP(C).No. 28117 of 2009(H) -------------------------- PETITIONER(S): --------------- 1. SANJEEV P., PARANGODATH HOUSE, KUNNATHU PARAMBA, PADINJATTUMURI P.O., MALAPPURAM. 2. ANOOP C., CHUNGAPPALLY HOUSE, PAZHAMALLOOR P.O., KOOTHILANGADI, MALAPPURAM. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, HEALTH AND FAMILY WELFARE *(ADDRESS CORRECTED) DEPARTMENT, THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER, (HEALTH), MALAPPURAM. 4. THE SECRETARY, THE KERALA PUBLIC SERVICE COMMISSION, PATTAM, THIRUVANANTHAPURAM. 5. THE DISTRICT OFFICER, THE KERALA PUBLIC SERVICE COMMISSION, MALAPPURAM. 6. THE EMPLOYMENT OFFICER, EMPLOYMENT EXCHANGE, MALAPPURAM. *ADDL.R7 THE DIRECTOR, NATIONAL RURAL HEALTH MISSION, THIRUVANANTHAPURAM. *ADDRESS OF 2ND RESPONDENT CORRECTED AS “DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM, AND IMPLEADED ADDITIONAL 7TH RESPONDENT IN THE WRIT PETITION AS PER ORDER DATED 24/11/2009 IN I.A.NO.14608/2009) MR.M.AJAY,SC,NATIONAL RURAL HEALTH MISSION MRS.ANU SIVARAMAN, GOVERNMENT PLEADER MR.ALEXANDER THOMAS, SC FOR PSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/12/2009, ALONG WITH WP(C) NOS.30610 & 31657/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) Nos.28117, 30610 & 31657 of 2009 --------------------------------- Dated, this the 8th day of December, 2009 J U D G M E N T The petitioners are candidates having valid registration in the Employment Exchanges in the State. Their grievance is that the 7th respondent is making appointments to the post of Junior Health Inspector Grade II for specified duration not from candidates sponsored by the Employment Exchanges. It is stated that earlier such appointments were being made from among candidates sponsored by the Employment Exchanges. However, recently, dispensing with the said system of making appointments from among the Employment Exchange candidates, the 7th respondent is making appointments from the list maintained by the Public Service Commission. 2. According to the petitioners, those included in the list published by the PSC do not possess the qualification prescribed for the post of Junior Health Inspector Grade II as per Ext.P1 Government Order. It is complaining of the appointments of WP(C) Nos.28117, 30610 & 31657/2009 -2- persons, who are alleged as unqualified, made from the PSC list, that these writ petitions are filed. 3. The learned standing counsel appearing for the 7th respondent has obtained instructions and submits that the appointments are made at district level by a Society, of which the DMO is the Chief Executive Officer. It is stated that earlier, the Society was making appointments from among candidates sponsored by the Employment Exchanges. But, however, having regard to the complaints they have been received against such appointments, the said system was given a go-bye. It is stated that since then, it has been decided that in future, appointments will be made from the list published by the PSC. It is also pointed out that the 7th respondent is not bound by the qualifications prescribed in Ext.P1, which are applicable to the Junior Health Inspector Gr.II in the Health Services Department. 4. Ext.P1 prescribes the qualification for the post of Junior Health Inspector Gr.II in the Health Services Department. There is nothing to indicate that the appointments at District Level made by the Society mentioned above under the control of the 7th respondent WP(C) Nos.28117, 30610 & 31657/2009 -3- are a part of the Health Services Department. If so, this Court will not be justified in insisting that the 7th respondent or the Society should follow the qualifications applicable to the Junior Health Inspector Gr.II in the Health Services Department. 5. Be that as it may, it is now pointed out by the learned standing counsel appearing for the 7th respondent that the absence of qualification prescribed in Ext.P1, in respect of those who are sponsored by the PSC, was not notified by anybody to them, and that in future, if and when any engagement is made, the 7th respondent and the District Level Society will consider this matter. Therefore, recording the above submission, these writ petitions are closed. (ANTONY DOMINIC, JUDGE) jg