High Court Kerala High Court

Shilna T.S. Aged 21 Years vs The Director Of Medical Education on 24 May, 2010

Kerala High Court
Shilna T.S. Aged 21 Years vs The Director Of Medical Education on 24 May, 2010
       

  

  

 
 
  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
                       -------------------
                         W.P.(C).11976/2010
                      --------------------
              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