In a writ petition regarding service matters, the Court noted that the petitioner participated in a fresh selection process initiated by the respondents for a post with an expiry date of 31.3.2018. Consequently, the writ petition was closed.
The writ petition was closed with liberty to the petitioner to move afresh as and when necessary.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 5TH DAY OF APRIL 2018 / 15TH CHAITHRA, 1940
WP(C).No. 3758 of 2018
PETITIONER(S)
AMBILY VIJAYAN,
AGED 28 YEARS, W/O SHAIJU, KORADIYIL HOUSE, KANTHALLOOR P.O., IDUKKI.
BY ADV.SRI.BABY MATHEW
RESPONDENT(S):
1. THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, KANTHALLOOR, IDUKKI-685 620.
2. KANTHALLOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KANTHALLOOR P.O. IDUKKI-685 652.
3. PANCHAYATH DEPUTY DIRECTOR, IDUKKI, THODUPUZHA-685620.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-04-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
TS
WP(C).No. 3758 of 2018 (T)
APPENDIX
PETITIONER(S)' EXHIBITS
| --------------- EXHIBIT P1 |
-------- TRUE COPY OF THE CERTIFICATE IN DIPLOMA IN NURSING EXAMINATION BOARD, BANGALORE |
|---|---|
| EXHIBIT P2 |
TRUE COPY OF THE REGISTRATION CERTIFICATE WITH KERALA NURSES AND MIDWIFERY COUNCIL |
| EXHIBIT P3 |
TRUE COPY OF THE CERTIFICATE FOR UNDERGOING A CERTIFICATE COURSE IN PALLIATIVE NURSING CONDUCTED BY THE GENERAL HOSPITAL, ERNAKULAM |
| EXHIBIT P4 |
TRUE COPY OF THE CERTIFICATE OF THE COMPUTER TEACHERS TRAINING PROGRAMME |
| EXHIBIT P5 |
TRUE COPY OF THE REPORT OF THE 1ST RESPONDENT DATED 19-02-2016. |
| EXHIBIT P6 |
TRUE COPY OF THE RELEVANT PAGES (3.19 AND 20) OF THE GUIDELINE ALONG WITH G.O DATED 29-10-2015. |
| EXHIBIT P7 |
TRUE COPY OF THE RESOLUTION ON DATED 29-03-2017 OF THE 2ND RESPONDENT PANCHAYAT. |
| EXHIBIT P8 |
TRUE COPY OF THE NOTICE DATED 01-04-2017 ISSUED BY THE 1ST RESPONDENT. |
| EXHIBIT P9 | TRUE COPY OF THE G.O DATED 21-02-2015. |
| EXHIBIT P10 | TRUE COPY OF THE INTERIM ORDER DATED 11/04/2017. |
| EXHIBIT P11 |
TRUE COPY OF THE JUDGMENT DATED 08-08-2017 IN W.P(C) NO.13339/17. |
| EXHIBIT P12 |
TRUE COPY OF THE INTIMATION DATED 23-11-2017 TO 2ND RESPONDENT. |
| EXHIBIT P13 |
TRUE COPY OF THE DECISION OF DATED 29-11-2017 OF THE 2ND RESPONDENT PANCHAYAT. |
| EXHIBIT P14 |
TRUE COPY OF THE LETTER DATED 14/12/2017 OF THE DEPUTY DIRECTOR OF PANCHAYAT. |
| EXHIBIT P15:- |
TRUE COPY OF THE NOTICE DATED 1.3.2018 INVITING APPLICATION TO THE POST OF PALLIATIVE CARE NURSE PUBLISHED BY THE 1ST RESPONDENT. |
RESPONDENT(S)'EXHIBITS - NIL
/TRUE COPY/
PS TO JUDGE
TS 10.04.2018
P.V.ASHA, J.
W.P.(C) No.3758 of 2018
Dated this the 5th day of April, 2018
JUDGMENT
Since the petitioner's appointment was for the period up to 31.3.2018 and the respondents have initiated steps for a fresh selection in which the petitioner has participated, the writ petition is closed with liberty to the petitioner to move afresh as and when necessary.
Sd/-
P.V.ASHA JUDGE
rkc
2 issues framed by the court
Whether the writ petition should be allowed given the respondent's fresh selection process.
Whether the petitioner should be given liberty to approach the court afresh.
Ambily Vijayan
The Medical Officer, Primary Health Centre, Kanthalloor, Idukki-685 620
Kanthalloor Grama Panchayath
Panchayath Deputy Director, Idukki
P.V.Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
