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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN WEDNESDAY, THE 24TH DAY OF AUGUST 2022 / 2ND BHADRA, 1944 WP(C) NO. 9934 OF 2022 PETITIONERS:
1 PREETHI N. PILLAI AGED 35 YEARS W/O.SHIJU HARIDAS, KOLLAVILATHU HOUSE, VIZHIKKITHODU.P.O, KOOVAPPALLY, KOTTAYAM, PIN-686518.
2 SIJU CYRIAC, AGED 36 YEARS W/O TOM P.JAMES,OZHUKAYIL HOUSE, ATHIRAMPUZHA.P.O, KOTTAYAM, PIN-686562,NOW RESIDING AT PUNNACKAPPALLIL HOUSE, BRAHMAMANGALAM.PO,KURUSHIPPALLY, THALAYOLAPARAMBU, KOTTAYAM, PIN-686605.
3 MERIN JOHNSON, AGED 33 YEARS W/O DENNY K PHILIP, KARACKAL HOUSE, KOTHALA.P.O, PAMPADY, KOTTAYAM, PIN-686515.
4 MERIN MATHEW, AGED 31 YEARS W/O.ANOOP P VATTASSERY, AMBAZHAPPUMKUDIYIL, NR CITY.P.O, PUTHAKIL, IDUKKI, PIN-685566, NOW RESIDING AT VATTASSERIL HOUSE, KUREEKAD.P.O, CHOTTANIKKARA, ERNAKULAM, PIN-
682305.
BY ADVS.
NINU M.DAS S.A.ANAND SHONE GEORGE BINEESH KODIYERI RESPONDENTS:
1 NATIONAL HEALTH MISSION REPRESENTED BY THE STATE MISSION DIRECTOR(NHM), GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM, PIN-695035.
2 THE STATE MISSION DIRECTOR(NHM), GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM, PIN-695035.
3 DISTRICT PROGRAMME MANAGER, NATIONAL HEALTH MISSION, KOTTAYAM,DISTRICT TB CENTRE BUILDING, NEAR DISTRICT TB CENTRE, DISTRICT HOSPITAL COMPOUND, KOTTAYAM, PIN-686631.
4 DISTRICT PROGRAMME MANAGER, NATIONAL HEALTH MISSION, ERNAKULAM, ANCHORAGE NO.9, PALLIYIL LANE, ERNAKULAM, PIN-682016.
OTHER PRESENT:
M.AJAY-SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.07.2022, ALONG WITH WP(C).14560/2022, THE COURT ON 24.08.2022 DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN WEDNESDAY, THE 24TH DAY OF AUGUST 2022 / 2ND BHADRA, 1944 WP(C) NO. 14560 OF 2022 PETITIONER/S: 1 ARYA JOY AGED 26 YEARS WIFE OF NITHIN LAL, KATTUPARAMBIL HOUSE, KANJIRAPPILLI P.O,CHALAKKUDY, THRISSUR, PIN -
680721
2 VINCY C.A AGED 39 YEARS WIFE OF BIJU P.V, PANENGADAN HOUSE , M.G KAVU P.O,THIROOR ,THRISSUR, PIN - 680581
3 NEETHU MATHEW AGED 34 YEARS WIFE OF JOMON JOSEPH, PALLIPARAMBIL HOUSE, KONNATHADY P.O, IDUKKI, PIN - 685563
4 SANDHYA RETHEESH AGED 34 YEARS WIFE OF RETHEESH K.R, KANJIRAKKATTU HOUSE PULICKATHOTTY P.O, VELLELLU, IDUKKI, PIN - 685607
5 SOUMYA K AGED 33 YEARS WIFE OF SANDEEP, KATTARAYIL HOUSE ,PAYYANADAM P.O, MANNARKKAD PALAKKAD, PIN - 678583
6 AMRUTHA T AGED 32 YEARS WIFE OF VISHNU, AMBALACHALIL HOUSE, CHATHALLUR.
P.O, EDAVANNA, MALAPPURAM, PIN - 678581
7 JINCY K.B AGED 32 YEARS WIFE OF JOMISH C.P, CHERIJAMKALAYIL HOUSE, ARAMBETTAKKUNNU P.O, PADINJARETHARA, WAYANAD, PIN - 673575
8 SWAPNA MATHEW WIFE OF SHINOJ MATHEW PURACKAL HOUSE, ACHOORANAM P.O,POZHUTHANA, WAYANAD, PIN - 673575
9 DINCY VARGHESE WIFE OF BIJU PAULOSE, MUTTANOLIYIL HOUSE , CHUNGATHARA P.O , MALAPPURAM DISTRICT, PIN -
679334
10 DEEPA M.S PILLAI AGED 34 YEARS WIFE OF BIJU R, NANDANAM, KARINGANNOOR P.O,PUTHUSSERY, KOLLAM DISTRICT, PIN - 691516
11 SMITHAMOL S AGED 34 YEARS WIFE OF SETHU, SETHUBHAVANAM, MANNAMPUZHA P.O,KADAMPANAD SOUTH, PATHANAMTHITTA DISTRTICT, PIN - 691553
12 SALEENA MOL K.A AGED 32 YEARS WIFE OF ANZHAR K.H, KUZHIKKALAYIL HOUSE, NANNUVAKKADU,PATHANAMTHITTA DISTRICT, PIN -
689645
13 ARATHY K. ANAND AGED 31 YEARS WIFE OF SANEESH KUMAR, EDEKKATTUCHIRA, VAISYAMBHAGOM,CHAMPAKULAM, ALAPPUZHA, PIN -
688005
14 ANILA B AGED 29 YEARS WIFE OF KAILAS MOHANDAS, ATTATHU HOUSE, VALIAZHEEKAL P.O,ALAPPUZHA, PIN - 690535
15 JYOTHI P VIJAYAN AGED 32 YEARS WIFE OF SMIKESH, PARAKKATTUVELIYIL HOUSE, PATHENPARA P.O,ALAKKODE (VIA) KANNUR, PIN -
670571
16 NIMMY V AUGUSTINE AGED 33 YEARS ELENGICKAL (H), NEDUMPOYIL P.O, PERAVOOR, THETTUVAZHI, KANNUR, PIN - 670650
17 ASWATHY M.J AGED 34 YEARS WIFE OF ANISH SANKAR, SIVAKRIPA, KOZHIYOTTULANE, PALKULANGARA, PETTAH P.O,THIRUVANANTHAPURAM, PIN - 685024
18 DEVI PRIYA P.S AGED 36 YEARS WIFE OF SURESH KUMAR S,VENNIYOOR, VENGANOOR P.O, THIRUVANANTHAPURAM, PIN - 695523 BY ADV JOMY K. JOSE RESPONDENTS:
1 NATIONAL HEALTH MISSION REPRESENTED BY ITS DIRECTOR, MINISTRY OF HEALTH AND FAMILY WELFARE, NEW DELHI, PIN - 110011
2 NATIONAL HEALTH MISSION REPRESENTED BY THE STATE MISSION DIRECTOR(NHM), GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM, PIN - 695035
3 THE STATE MISSION DIRECTOR(NHM), GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM, PIN - 695035
4 DISTRICT PROGRAM MANAGER NATIONAL HEALTH MISSION THRISSUR DISTRICT HOSPITAL BUILDING THRISSUR, PIN - 680001
5 DISTRICT PROGRAM MANAGER NATIONAL HEALTH MISSION IDUKKI, DISTRICT COLLECTORATE COMPLEX PAINAVU P.O, KUYILIMALA, IDUKKI, PIN - 685603
6 DISTRICT PROGRAM MANAGER NATIONAL HEALTH MISSION THIRUVANANTHAPURAM, W & C HOSPITAL ROAD, THYCAUD P.O, THIRUVANANTHAPURAM, PIN - 695014
7 DISTRICT PROGRAM MANAGER NATIONAL HEALTH MISSION WAYANAD, CIVA BUILDING, TOWN HALL ROAD, MANANTHAVADI, WAYANAD, PIN - 670645
8 DISTRICT PROGRAM MANAGER NATIONAL HEALTH MISSION KANNUR, SECOND FLOOR CIVIL STATION, KANNUR, PIN - 680001
9 DISTRICT PROGRAM MANAGER NATIONAL HEALTH MISSION PALAKKAD OFFICE OF THE DISTRICT PROGRAM MANAGER, PALAKKAD, PIN - 678001
10 DISTRICT PROGRAM MANAGER NATIONAL HEALTH MISSION MALAPPURAM, B3 BLOCK, CIVIL STATION UP HILL, MALAPPURAM, PIN - 676505
11 DISTRICT PROGRAM MANAGER NATIONAL HEALTH MISSION KOLLAM, SECOND FLOOR TB CENTRE BUILDING, OPP BISHOP JEROME NAGAR, CHINNAKKADA, KOLLAM, PIN - 691001
12 DISTRICT PROGRAM MANAGER NATIONAL HEALTH MISSION PATHANAMTHITTA, NEAR KERALA BANK, MAMPRA HEIGHTS, 1ST FLOOR PATHANAMTHITTA, PIN - 689645
13 DISTRICT PROGRAM MANAGER NATIONAL HEALTH MISSION ALAPPUZHA, NHM OFFICE, GENERAL HOSPITAL COMPOUND, KOTTARAM BUILDING, ALAPPUZHA, PIN - 688011 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.07.2022, ALONG WITH WP(C).9934/2022, THE COURT ON 24.08.2022 DELIVERED THE FOLLOWING:
ANU SIVARAMAN, J.
= = = = = = = = = = = = = = = = = =
W.P.(C).Nos.9934 & 14560 of 2022 = = = = = = = = = = = = = = = = = =
Dated this the 24th day of August, 2022
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 ar
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