ABDURAHIMAN.P.K. Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner, claiming to be a social worker, has filed the above public interest litigation apprehending lack of transparency in the allegedly hasty steps taken by the Kerala Public Service Commission (hereinafter called "PSC") to appoint Assistant Surgeons in the Health Service Department in the State by conducting personal interview. The petitioner ventilates his anxiety in such recruitment without a written examination and contends, the same would necessarily result in lowering of standards of the doctors in the Health Service, who are to render health care to the majority of the public who belong to the lower strata of the society. The deviation in the selection process for appointment to nearly 400 vacancies is further alleged to be an eye wash, since about 2000 doctors are scheduled to be interviewed within a period of five days. The selection so made, in the opinion of the petitioner, would result in deprivation of medical service to the large majority of people residing in the State leading to disastrous and catastrophic health condition within the State.

(2.) THE State Government has filed a counter affidavit, pointing out that while in every other sector the ratio of the aspirants to a post to the vacancies available will be always on the higher side, in the case of medical doctors, it is far lower. Though regularly PSC conducts selection to the post of Assistant Surgeon, it is submitted that only 25 - 40% accepts the job offered; admittedly due to the better prospects in the private sector than in Government sector. This in turn has resulted in a shortage of Physicians at the primary health care level. The Government lists out the statistics of the candidates applied for, selected and appointed in the year 2011-2012. It is stated that out of 2145 candidates in the ranked list, nearly 1800 candidates were advised during 2011-2012 and only 791 candidates joined duty and 592 candidates have applied for extension of joining time. The State alertly points out that the Health Department faces severe crisis by reason of the large number of vacancies, especially in the hospitals in the backward districts of the State. The situation, according to the State Government, is serious enough to warrant such situation to be treated as emergency. It was in this context that the Government had requested the PSC to adopt a process to immediately select 2000 doctors to man the various posts in the Health Services provided to the majority of the public, within the State.

(3.) WE cannot but appreciate the concerns raised by the State Government with reference to the lack of personnel in the Health sector in the State. The PSC, by the terms of its constitution, is entitled to frame the scheme of selection. The emergent situation pointed out by both the State and the PSC cannot at all be ignored. We are quite aware of the health concerns in the most populous State; going by the ratio of the area to the population; and the general concern expressed through media and also through public interest litigations coming before us with respect to the impending monsoon and the fear of spread of epidemics and communicable diseases. We are happy to note that the State has alerted itself to the needs of proper health care and the PSC too has reacted expeditiously and in an expedient manner.