IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 WP(C).No. 34936 of 2010(N) -------------------------------------- PETITIONER(S): ---------------------- 1. DR. VIVEK MATHEW JAMES, VECHOOR HOUSE, POOVARANI P.O., PAIKA, PIN-686 577. 2. DR.VINU JOY, PAZHAYIDATHUPARAMBIL HOUSE, MULAKKULAM NORTH P.O., PIRAVAM-686 664. 3. DR. ARUN RAVAANDRAN, SAPHALYAM, THATTAMPADY, KARUMALLOOR P.O., ALUVA-683 511. 4. DR.ARUN P., KANJIRAKKATTU HOUSE, POONJAR P.O., MATTACKADU, KOTTAYAM DISTRICT-686 581. BY ADV. SMT.P.K.SANTHAMMA RESPONDENT(S): ------------------------- 1. THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR, MEDICAL EDUCATION DEPARTMENT, DHS OFFICE, THIRUVANANTHAPURAM.PIN-695001 3. THE STATE MISSION DIRECTOR, (AROGYA KERALAM), NATIONAL RURAL HEALTH MISSION (NRHM), DHS OFFICE, THIRUVANANTHAPURAM.PIN-695001 R1 TO R3 BY GOVERNMENT PLEADER SRI. DILEEP MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts ANTONY DOMINIC, J. ================ W.P.(C) NO. 34936 OF 2010 ===================== 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