MOHANAN Vs. PRAKASAN

JUDGEMENT

(1.) THE above Writ Appeals are filed against the judgment of the learned single judge in O. P. No. 4689 of 1996 dated 1. 11. 1996. THE petitioners in the O. P. are similarly placed like the appellants herein. THE third respondent in the O. P, was impleaded in a representative capacity. Paper publication was also taken out in the Calicut edition of Mathrubhumi Daily. But the appellants were not able to appear before this Court. THErefore, the appellants filed separate petitions seeking leave of this Court to file writ appeals against the judgment of the learned single judge. Leave was granted,

(2.) THE petitioners in O. P. No. 4689 of 1996 have challenged the legality of selection made by the District Medical Officer, kozhikode (the 2nd respondent in the O. P.) to the post of part-time Sweepers in kozhikode District, THE Employment Exchange sponsored 1001 candidates for selection of 113 candidates to fill up the posts of part- time sweepers in the health Department. THE method of appointment and qualifications are prescribed in the Special Rules for a Kerala Part-time Contingent Servants. Category 2 of the Special Rules relate to the appointment of part-time sweepers. THE only qualification prescribed for them is "good physique". THE 2nd respondent however followed Exts. P1 and P2 Government Orders and gave preference to those who have got SSLC qualification. THE petitioners contend that although they satisfied the requirement of qualification of having good physique, yet they were not selected on the ground that they have not got SSLC qualification.

(3.) LEARNED counsel for the appellant contended inter alia that the second respondent District Medical Officer in fact did not violate the provisions in the special Rules, though he gave some weightage to those who had passed SSLC in accordance with the instructions contained in Exts. P1 and P2. LEARNED counsel for the petitioners in the O. P. contended that contrary to the rules, the second respondent therein selected the candidates on the basis of sslc qualification.