IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 28468 of 2010(G)
1. DR.T.A.HABEEB
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SMT.S.KARTHIKA
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :15/09/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 28468 OF 2010 (G)
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Dated this the 15th day of September, 2010
J U D G M E N T
Petitioner entered Health Services Department in the year
1997. He applied for admission to the Super Speciality Course,
the prospectus of which is Ext.P1. There are only seven seats
available in the Health Services quota and post graduates with
five years experience below 47 years alone are eligible. Ext.P2 is
the ranked list, where the petitioner is at Sl.No.17 and he is the
first in the waiting list. According to the petitioner, he will be
attaining the age of 47 years in the next year and therefore this is
the last chance when the petitioner can aspire for admission to
Super Speciality Course.
2. Essentially distribution of seats for different disciplines
for admission to Super Speciality Courses is a matter of policy of
the Government and scope of interference in such a case in a
proceedings under Article 226 is very limited. Therefore, it is a
matter for the Government to consider whether to redistribute the
seats or to explore the possibility of increasing the seats. It is
seen that the petitioner has moved the Government by filing
WPC No. 28468/10
:2 :
Exts.P5 and P6.
3. Having regard to the pendency of the said
representations, I direct the 1st respondent to consider the same
in accordance with law and as expeditiously as possible, at any
rate within 4 weeks of production of a copy of this judgment.
Needless to say that this Court has not expressed anything on the
merits and it is open to the Government to decide the issue.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
Rp