IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34936 of 2010(N)
1. DR. VIVEK MATHEW JAMES,
... Petitioner
2. DR.VINU JOY,
3. DR. ARUN RAVAANDRAN,
4. DR.ARUN P.,
Vs
1. THE SECRETARY TO GOVERNMENT,
... Respondent
2. THE DIRECTOR,
3. THE STATE MISSION DIRECTOR,
For Petitioner :SMT.P.K.SANTHAMMA
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :24/11/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 34936 OF 2010
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Dated this the 24th day of November, 2010
J U D G M E N T
Petitioners completed MBBS course from the
Government Medical College in the State of Kerala. They got
admission in the merit Quota, in terms of the prospectus
and bonds were executed agreeing to do rural service.
2. On completion of the course, petitioners are required
to do rural service for one year. Although, petitioners do not
dispute the liability for rendering rural service, contention
raised is that since they are preparing for the entrance
examination for post graduate courses, they should not be
compelled to render rural service, atleast till their P.G.
admission process is completed. Seeking such relaxation,
they filed Ext.P4 representation before the first respondent.
But there was no reply to the said representation. It is in
these circumstances Writ Petition has been filed seeking
relaxation from the bond obligation to the extend stated
W.P.(C) NO. 34936 OF 2010 2
above.
3. Learned Government Pleader has obtained
instructions in the matter. It is stated that although the
government is willing to relax the bond obligation to those
who secure admission to post graduate courses, the
Government is unwilling to exempt the doctors like the
petitioners from the bond obligation at this stage.
4. Admittedly, the petitioners have the liability to
render rural service on completion of their medical course.
This is covered by the provisions of the prospectus and also
the bond executed by the students. Any relaxation or
modification of such obligation can only be on agreement,
Government cannot be compelled by this court to grant any
relaxation from the aforesaid obligation of the petitioners.
Therefore, this court cannot require the government to
relieve petitioner from the bond obligations.
5. However, in view of the pendency of the
W.P.(C) NO. 34936 OF 2010 3
representations made by the petitioner, I direct first
respondent to consider Ext.P4 within four weeks of
production of a copy of this judgment.
Writ Petition is disposed of as above.
ANTONY DOMINIC, JUDGE.
ln