High Court Kerala High Court

Dr. Prasanth Asher vs The Secretary on 21 May, 2010

Kerala High Court
Dr. Prasanth Asher vs The Secretary on 21 May, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 15655 of 2010(F)


1. DR. PRASANTH ASHER, AGED 30,
                      ...  Petitioner

                        Vs



1. THE SECRETARY, HEALTH AND FAMILY
                       ...       Respondent

2. THE DIRECTOR, DIRECTOR OF HEALTH

                For Petitioner  :SRI.R.T.PRADEEP

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :21/05/2010

 O R D E R
                                 S. Siri Jagan, J.
                =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=
                          W.P(C) No. 15655 of 2010
                =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=
                 Dated this, the 21st day of May, 2010.

                               J U D G M E N T

After putting in a stint of service in the Health Service

Department , the petitioner entered service in the Medical Education

Department of the Government of Kerala. He is a post graduate in

Medicine. He aspires to apply for admission to the super specialty

post-graduate course in the quota set apart for doctors of the Health

Services. But, his application is not being accepted is his grievance.

It is under the above circumstances, the petitioner has filed this writ

petition seeking the following relief:

“To issue a writ of mandamus or any other appropriate writ,
direction or order directing respondents to entertain the
application of petitioner for admission to M. Ch. Neuro Surgery in
the quota set apart for Health Service and to grant admission for
petitioner if he is otherwise entitled to.”

2. Ext. P4 is the prospectus. Clause VI (a)(2) is the relevant

clause applicable to the petitioner, which reads thus:

“(2) For applying under Service Quota, the applicants should be
regular staff under HDS/DME and should have a minimum
effective service of 5 years in the case of HSO candidates and 2
years in the case of MESO candidates as on the date of
notification for inviting application. However, in case sufficient
number of candidates having 2 years is not available in MESQ,
candidates with lesser service will also be considered. Similarly in
the case of HSQ if candidates having 5 years of minimum service
are not available, candidates with lesser service will also be
considered.”

I am of opinion that going by the said provision, only a regular staff

under the DHS presently in service of the Health Department can

aspire to apply for admission in the service quota applicable to Health

Service employees. Therefore, I do not find any merit in the writ

W.P.C. No. 15655/2010. -: 2 :-

petition and accordingly, the same is dismissed. However, it would be

open to the petitioner to apply for admission in any other quota, if the

petitioner is eligible for the same as per the conditions of the

prospectus.

Sd/- S. Siri Jagan, Judge.

Tds/

[TRUE COPY]

P.S TO JUDGE.