IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1188 of 2008()
1. SANKAR MONI.K., S/O.KRISHNA MONI,
... Petitioner
2. M.P.REKHA,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DIRECTOR OF HEALTH SERVICES,
3. THE KERALA PUBLIC SERVICE COMMISSION,
For Petitioner :SRI.BECHU KURIAN THOMAS
For Respondent : No Appearance
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :24/06/2008
O R D E R
J.B. KOSHY & P.N. RAVINDRAN, JJ.
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W.A.NO.1188 OF 2008
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Dated this the 24th day of June, 2008.
JUDGMENT
Koshy, J:
The appellants were included in the ranked list published by
the P.S.C for the post of Junior Health Inspector Grade-II in
Trivandrum and Malappuram districts. The method of appointment
for the post of Junior Health Inspector Grade-II is as follows:
1. “By promotion/transfer of technically
qualified hands in the Health Services
Department.
2. In the absence of technically qualified
hands for appointment by promotion/transfer by
direct recruitment”.
Note: In the absence of candidates with
technical qualification for appointment of by i & ii
via. Promotion/transfer and direct recruitment,
Department hands with the general educational
qualification will be considered subject to the
condition that they should undergo Multipurpose
Workers Training before appointment”.
2. The above Rule would show that direct recruitment can be
made only if technically qualified in service hands are not available.
The Government has full power to fix qualification, method of
W.A.NO.1188/08 .
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appointment and promotion. Junior Health Inspector Gr-II is a
promotion post but, only if technically qualified hands are not
available, direct recruitment is permitted. The contention that the
method of appointment denies direct recruits from being appointed
and the rule is in violation of the principles of Article 16 of the
Constitution of India cannot be accepted. Merely because
Government allowed direct recruitment in case of non-availability
of technical hands in service, a fixed ratio cannot be reserved for
direct recruitments. The decision of the Hon’ble Supreme Court in
Govind Dattatray v. Ch. Controller of Imports and Exports (AIR
1967 SC 839) has no application in this case. It is true that if the
Government has fixed a ratio regarding direct recruitment and
promotion, that ratio should be strictly complied with. As per the
special rules it is only if technically qualified hands in the Health
Service Department are not available that direct recruitment can be
made. The above rule is not in violation of any of the statutory
provisions warranting interference by this Court.
We see no ground to interfere with the judgment of the learned
Single Judge. The writ appeal fails and it is dismissed.
J.B. KOSHY, JUDGE.
P.N. RAVINDRAN, JUDGE.
W.A.NO.1188/08 .
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