IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 28117 of 2009(H)
1. SANJEEV P., PARANGODATH HOUSE,
... Petitioner
2. ANOOP C., CHUNGAPPALLY HOUSE,
Vs
1. THE STATE OF KERALA,
... Respondent
2. THE DIRECTOR, HEALTH AND FAMILY WELFARE
3. THE DISTRICT MEDICAL OFFICER,
4. THE SECRETARY,
5. THE DISTRICT OFFICER,
6. THE EMPLOYMENT OFFICER,
For Petitioner :SRI.O.D.SIVADAS
For Respondent :SRI.M.AJAY,SC,NATIONAL RURAL HEALTH MIS
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :08/12/2009
O R D E R
ANTONY DOMINIC, J.
W.P.(C.)-------------------------of 2009
Nos.28117, 30610 & 31657
---------------------------------
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
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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
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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