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.
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W.P(C) No. 15655 of 2010
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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.