In contractual employment scenarios, mere inclusion in a ranked list does not confer an enforceable right to appointment after the positions are filled.

JUDGMENT

1.W.P.(C).No.9934 of 2022 is filed seeking directions to the respondents to appoint the petitioners as Mid Level Service Providers (Staff Nurses) (hereinafter referred to as “MLSP” for short) based on their ranks in Exts.P2 and P3 against the existing vacancies and those likely to arise before the expiry of Exts P2 and P3 within a time limit to be fixed by this Court. As also seeking directions to the respondents not to fill up the 124 vacancies each in Kottayam and Ernakulam Districts otherwise than by appointing candidates included in Exts. P2 and P3.

2.The prayer in W.P.(C).No. 14560/2022 is for a direction to respondents 2 to 13 to fill up all existing vacancies from the present ranked list in their respective districts. The petitioners therein are persons included in the ranked lists for the districts of Thrissur Idukki, Thiruvananthapuram, Wayanad, Kannur, Palakkad, Malappuram, Kollam, Pathanamthitta and Alappuzha respectively. The parties and documents are being referred to as in W.P.(C).No.14560 of

2022, unless otherwise stated.

3.Heard the learned counsel for the petitioners and the learned standing counsel appearing for the respondents.

4.The petitioners in these writ petitions are persons included in the ranked list published for selection to the post of MLSPs (Staff Nurses) by the District Program Managers under the National Health Mission (hereinafter referred to as “NHM” for short). Exhibit P1 was the notification. Exhibit P2 is the ranked list for Thrissur district, while Exhibit P3 is for Idukki district, Exhibit P4 is for Thiruvananthapuram, Exhibit P5 is for Wayanad, Exhibit P6 is for Kannur, Exhibit P7 is for Palakkad, Exhibit P8 is for Malappuram, Exhibit P9 is for Kollam, Exhibit P10 for Pathanamthitta and Exhibit P11 for Alappuzha. Exhibits P2 and P3 in W.P.(C).No.9934 of 2022 are the list published for Kottayam and Ernakulam districts respectively. The learned counsel for the petitioners contend that the validity of the ranked lists was specifically mentioned as two years or until all candidates have been advised, whichever is earlier. It is submitted that even before the expiry of the ranked lists, fresh notification was issued on 10.3.2022, which is produced as Exhibit P4 in W.P.(C).No. 9934 of 2022 and Exhibit P12 in W.P.(C).No.14560/2022. The short contention of the petitioners is that the attempt by the respondents to conduct a fresh selection when the ranked lists already published after due selections are still in force is violative of the rights of the persons included in the list.

5. This Court in 23.3.2022, had passed an interim order in W.P.

(C).No.9934/2022 that the proceedings pursuant to Exhibit P4 notification shall not prejudice the right of the petitioners guaranteed under Exhibit P1 notification, particularly at the bottom of Exhibit P2 ranked list. The learned counsel for the petitioners contend that since the ranked list specifically stated that they would be in force for two years or till all candidates are advised, whichever is earlier, the respondents cannot conduct any selection before the expiry of the two year period.

6. A detailed counter affidavit has been placed on record by the respondents. It is stated therein that NHM, Kerala is a health mission under a registered society, the State Health and Family Welfare Society. The mission is a joint venture between the Central and State Government with monetary contributions from both. Since the mission is a project depending for its existence on extension of the project every financial year by the Union Government and its implementation being on consensus between the Union and State Governments, it has no statutory existence, rules or regulations, service rules, sanctioned posts or cadre. In Kerala, it is run by personnel provided by Government/quasi Government institutions on deputation and by personnel engaged on contract basis. It is stated that there is no continuity in service for any employee and that the list prepared a