IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 WP(C).No. 24064 of 2008(M) ------------------------------------- PETITIONER: PETITIONER ---------------------------------------- BEENA N. AGED 47 YEARS, W/O. SANJEEV K. KUZHIKANDATHIL, NEENDOOR, KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENTS: RESPONDENTS ---------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF MEDICAL EDUCATION, OFFICE OF THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. I.V.PREMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ================== W.P(C)No.24064 of 2008 ================== Dated this the 26th day of August, 2008. J U D G M E N T The petitioner is a lecturer in Nursing in the Medical Education Department of the Government of Kerala. The petitioner's grievance in this writ petition is that although she is eligible for admission to M.Sc. course in the quota set apart for lecturers in Nursing, the petitioner is not been given admission. The petitioner therefore seeks the following reliefs: “i) call for the records and to direct the respondents to admit the petitioner for M.Sc. Nursing Course allotted for service quota for Lecturer Nursing; ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to keept vacant one seat reserved for the petitioner under service quota under L.N. till the disposal of this writ petition;” The learned Government Pleader submits that since for most part of the petitioner's service the petitioner has been on unauthorised absence, disciplinary proceedings are contemplated against the petitioner and therefore, this court may not exercise its discretionary jurisdiction in favour of the petitioner. The contention is that if the disciplinary proceedings end in dismissal, the petitioner would not be entitled to continue the course and therefore one seat would go W.P(C)No.24064 of 2008 - 2 - waste. From Ext.P7, I find that the petitioner has been on unauthorised absence for a period of nine years and she rejoined duty only on 5.12.2007. The quota prescribed for lecturers in Nursing cannot be allowed to be filled up such a person who is not loyal to the service of the Government. Therefore, I am not inclined to exercise my discretionary jurisdiction under Article 226 of the Constitution of India in favour of the petitioner and accordingly, the writ petition is dismissed. S.SIRI JAGAN, JUDGE rhs