IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 5598 of 2007(N)
1. SARADA AMMA K., D/O. CHEKKINI NAIR,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY
... Respondent
2. THE DISTRICT MEDICAL OFFICER OF HEALTH,
For Petitioner :SRI.T.G.RAJENDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice K.K.DENESAN
Dated :20/02/2007
O R D E R
K.K.DENESAN, J.
-----------------------------
WP(C)No. 5598 OF 2007
-----------------------------
Dated this the 20th February, 2007.
JUDGMENT
The petitioner was one of the candidates who
participated in the interview held by the District Medical
Officer of Health, Kozhikode for appointment to the post of
Part Time Sweeper. Ext.P4 select list was prepared and
published in February 2005. The petitioner felt that a
fair deal was not given to her by the District Medical
Officer of Health and for that reason she was not included
in Ext.P4 list. She raised the contention that despite her
eligibility and superior qualifications she was sidelined
and some others who could exert influence on the District
Medical Officer have been placed in Ext.P4.
2. When the petitioner approached this Court with the
above grievance this Court directed that the issue to be
gone into being one relating to questions of fact it would
be proper that the petitioner approaches the first
respondent for reliefs. Now it appears that after
considering the facts in dispute, the Government have taken
the decision that there was nothing irregular or illegal in
the conduct of the interview and that the petitioner’s
grievance is not based on correct facts.
3. Counsel for the petitioner submits that Ext.P7 is
WPC 5598/2007 2
ex facie illegal.
4. I am unable to accept the above contention. There
is no case for the petitioner that any statutory rule was
violated in the conduct of the interview. The only
allegation is that while conducting the interview the
District Medical Officer did not consider the petitioner as
a person possessing better merit than others who were
interviewed along with the petitioner. It will be
difficult for this Court while exercising the power under
Art.226 of the Constitution of India to resolve a dispute
of this nature based on the affidavit of the petitioner
alone. The Government which
is at the helm of affairs on the administrative side, after
calling for the records, was satisfied that no
irregularity had in fact happened. I do not find any valid
ground to interfere with Exts.P4 or P7. That apart,
without impleading the candidates included in Ext.P4 it
will not be possible to render a decision as prayed for by
the petitioner viz., to quash Ext.P4. On that ground also
the writ petition is liable to be dismissed. I do so.
K.K.DENESAN
Judge
jj