IBRAHIM Vs. DISTRICT MEDICAL OFFICER

JUDGEMENT

(1.) Petitioners 1 and 3 were non Medical Supervisors in the Health Services Department. They had undergone training of Leprosy Health Visitor conducted by the Government of Kerala. Both of them retired after a period of 32 years service. On 18-6-94, the 2nd respondent District Leprosy Officer, Ernakulam invited applications for .selection of Leprosy Inspectors under the Leprosy eradication scheme. The qualification prescribed for the post is pass in S.S.L.C., a certificate issued by the Government of Kerala in the work of Leprosy Programme and physical fitness. The age prescribed was between 35 and 40. Petitioners submitted application. The last date for submitting application was 15-7-1994. On 11-7-94, another notification was issued inviting applications for 5 different categories including Leprosy Inspector. In addition to Leprosy Inspector, vacancies of non Medical Supervisors were also sought to be filled up and the qualification prescribed for the post of non Medical Supervisors was 10 years experience in the field. Petitioners 1 and 3, who were qualified, applied for that post. It was specifically mentioned in the notification that if experienced persons in Leprosy control programme were not available, candidates with S.S.L.C. qualification will be selected and that they would be given six months' training,

(2.) A written test was held on 4-9-1994 and interview was followed on 22-10-94. The first petitioner was called for interview and the 3rd petitioner was not even called either for the test or for the interview. Petitioners allege that 4th respondent is the wife of a Peon attached to the office of the first respondent and she is aged only 24 and was not eligible to submit application. Petitioners also allege that the 5th respondent, who was also an applicant, is the wife of a driver attached to the office of the respondent and she was aged 32 at the time of submitting application and, hence, she too was not qualified to be appointed. The 6th respondent was aged 25 and he too was not eligible to be appointed. As per Exts. P2 and P3 notifications persons below the age of 35 were incompetent to submit applications.

(3.) Petitioners alleged that the process of selection of candidates was bad and the respondents 1 and 2 selected candidates according to their whims and fancies. It is alleged that they did not either publish the names of persons to be included in the select list. Petitioners further allege that the selection of persons to the post of Leprosy Inspectors is illegal and malafide and hence liable to be set aside.