IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 WP(C).No. 14061 of 2011(G) -------------------------- PETITIONER ------------------ CHITHRA P.C., VATTAKKUNIL HOUSE, PERETTA KUNNU, PALLIKKUNNU P.O., WAYANAD DISTRICT. BY ADVS. SRI.VINOD J.DEV SRI.PRAMOD J.DEV RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HEALTH SERVICES, STATE SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS CHAIRMAN, PATTOM PALACE P.O., THIRUVANANTHAPURAM - 695 004. 3. THE KERALA PUBLIC SERVICE COMMISSION, ERNAKULAM DISTRICT OFFICE, M.G.ROAD, ERNAKULAM - 682 016. BY SRI.P.C.SASIDHARAN, SC BY GOVERNMENT PLEADER SRI.SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14061 of 2011(G) -------------------------------------- APPENDIX ---------------- PETITIONER'S EXHIBITS ------------------------------------- EXT.P1. COPY PF THE COMMUNITY CERTIFICATE BEARING NO.A2-15982/2010 KDIS DATED 04.11.2010 EXT.P2 . COPY OF THE MARKS SHEET DATED 09.08.2003 ISSUED TO THE PETITIONER. EXT.P3. COPY OF THE CERTIFICATE OF DIPLOMA CONFERRED ON THE PETITIONER EXT.P4. COPY OF THE NOTIFICATION WHICH APPEARED IN THE KERALA GAZETTE DATED 14.05.2010. EXT.P5. COPY OF THE LETTER NO.EV (3) 2991/10 DATED 01.11.2010 ISSUED BY THE THIRD RESPONDENT. EXT.P6. COPY OF THE LETTER NO.E5 (3) 2991/10/128 DATED 10.01.2011 ISSUED BY THE THIRD RESPONDENT'S EXT.P7. COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 21.01.11. EXT.P8. COPY OF THE ACKNOWLEDGEMENT CARD RECEIVED FROM THE OFFICE OF THE SECOND RESPONDENT. EXT.P9. COPY OF THE HALL TICKET ISSUED TO THE PETITIONER EXT.P10. COPY OF THE NOTIFICATION RECEIVED FROM THE OFFICE OF THE KASARAGOD DISTRICT, OFFICE OF THE THIRD RESPONDENT DATD 5.7.07. RESPONDENT'S EXHIBITS : NIL -------------------------------------- / TRUE COPY / P.A. TO JUDGE VK C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.14061 of 2011 ---------------------------- Dated 12th July, 2011 JUDGMENT Pursuant to Ext.P4 notification inviting applications for appointment to the post of Junior Health Inspector Grade II in Health Services Department the petitioner submitted an application. This writ petition is filed challenging Ext.P6 to the extent it rejected the application submitted by the petitioner and for such other consequential benefits. The petitioner possesses Sanitary Inspectors' Diploma conducted by the All India Institute of Local Self Government, Mumbai. Admittedly, it is not prescribed as a qualification under Ext.P4 whilst what is prescribed as qualification is Diploma in Health Inspectors Course. True that, on an earlier occasion pursuant to the said selection process initiated based on then existing prescribed qualification the petitioner was included in the rank list. But, the petitioner was not advised and appointed from the said list. However, by the time Ext.P4 notification was issued the Government had issued G.O.(P) No.344/08/H&FWD dated 8.7.2008 (Ext.R2(a)) amending the qualification. Indisputably, Ext.P4 notification has been issued in tune with the said Government order and the petitioner is not possessing the qualification prescribed in Ext.R2(a). When that be the position, the WP(C).No.14061/2011 2 petitioner is not legally entitled to raise any grievances against the order of rejection in Ext.P6. There is no merit in this writ petition. Accordingly, it is dismissed. Sd/- C.T.RAVIKUMAR Judge TKS