IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 9112 of 2007(I)
1. SAJITHAKUMARY, KOCHUVEETIL KIZHAKKATHIL,
... Petitioner
2. SURENDRAN, S/O.RAGHAVAN,
Vs
1. DIRECTOR OF HEALTH SERVICE,
... Respondent
2. THE ADDITIONALB DIRECTOR OF HEALTH
3. THE DISTRICT MEDICAL OFFICER,
4. THE SECRETARY,
5. DISTRICT OFFICER,
For Petitioner :SRI.P.K.MUHAMMED
For Respondent : No Appearance
The Hon'ble MR. Justice K.K.DENESAN
Dated :19/03/2007
O R D E R
K.K.DENESAN, J
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W.P.(C)NO.9112 of 2007
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Dated this the 19th day of March, 2007
JUDGMENT
Counsel for the petitioner submits that notwithstanding
Exts.P2 and P3 judgments – the former one by the Single Bench
and latter one by the Division Bench – the first respondent has
got the power to grant reliefs to the petitioners so that 5 more
vacancies can be taken into account and those who were
included in the expired rank list can be appointed.
2. I am unable to accept the above contention of the
petitioners. The contentions sought to be urged as above were
considered and answered by this Court in Exts.P2 and P3
judgments. This Court took notice of the fact that the ranked list
did not continue in operation beyond 12.8.2005 and the
vacancies which were not reported till then cannot be made use
of, for advising candidates from that list. The opinion expressed
by the learned Single Judge was, almost in similar lines, terms
W.P.(C)No.9112/2007 :2:
affirmed by the Division Bench also. Since the respondents herein
were parties to the above case, none of them can go against the
view expressed by this Court after considering the contentions of
the parties. The resultant position is that the law is not in favour
of the petitioners. Hence, even if the first respondent is inclined
to show a sympathetic attitude towards the petitioners, no relief
can be granted to them. Therefore, I refuse to issue the writ
sought for by the petitioners, namely, to direct the first
respondent to consider and pass orders on Ext.P4. The writ
petition is dismissed.
K.K.DENESAN, JUDGE
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