MOHANAN Vs. PRAKASAN

JUDGEMENT

(1.) The above Writ Appeals are filed against the judgment of the learned single Judge in OP No. 4689 of 1996 dated 1.11.1996. The petitioners in the OP are similarly placed like the appellants herein. The third respondent in the OP 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 OP No. 4689 of 1996 have challenged the legality of selection made by the District Medical Officer, Kozhikode (the 2nd respondent in the OP) 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.) In the counter affidavit, the respondents 1 and 2 of the O.P. have stated that as per R.5(a) Category 2 of the Kerala Special Rules for the part -time contingent service the qualification prescribed for the posts which included the sweeper is only good physique. But as per GO (P) No. 438/71/PD dated 15.12.1971, the posts of Hospital Attendant Gr -II in Health Services Department are to be filled up by promoting part -time sweepers. Since the selection has been made strictly in accordance with the rules and Exts. P1 and P2 Government Orders, there is no illegality in the selection process.