IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 11976 of 2010(V)
1. SHILNA T.S. AGED 21 YEARS,
... Petitioner
Vs
1. THE DIRECTOR OF MEDICAL EDUCATION,
... Respondent
2. THE PRINCIPAL, MEDICAL COLLEGE
3. THE ADMINISTRATIVE OFFICER,
For Petitioner :SRI.T.RAJASEKHARAN NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :24/05/2010
O R D E R
ANTONY DOMINIC, J
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W.P.(C).11976/2010
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Dated this the 24th day of May, 2010
JUDGMENT
By Ext.P1 proceedings issued by the 3rd respondent
petitioner was appointed as an Ophthalmic Assistant on a
provisional basis under Rule 9(a)(1) of KS & SSR. The period
specified is one year and that the period has expired.
2. In this writ petition, petitioner seeks continuance in service
relying on the sentence in Ext.P1 to the effect that the petitioner
is liable to be ousted from service as and when PSC hands join
duty or at any time, if found unsuitable. Learned counsel for th
petitioner submits that no PSC hands have joined duty and
therefore, the petitioner should be retained in service. On a
reading of Ext.P1, I am inclined to take the view that the clause
providing ouster when PSC hands join duty, is meant to operate,
if a PSC hand join duty within the period of one year specified.
This clause is not intended to extend the period of appointment
beyond one year. Admittedly, the one year period specified has
W.P.(C).11976/10
2
expired and appointment being under Rule 9(a)(1), petitioner has
no right to continue in service.
Writ petition is dismissed accordingly.
ANTONY DOMINIC,
Judge
mrcs