IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 19TH SEPTEMBER 2011 / 28TH BHADRA 1933 WP(C).No. 22277 of 2011(H) -------------------------- PETITIONER(S): ---------------------- DR.ASHA SYAM, AGED 26 YEARS, D/O.V.SYAMAPRASAD, ASHA BHAVAN, S.N.PURAM.P.O., CHERTHALA, ALAPPUZHA, PIN-688 582. BY ADV. SRI.C.S.MANU RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF HEALTH, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM-695 001. 3. DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM-695 001. 4. THE STATE PROGRAMME MANAGER, NATIONAL RURAL HEALTH MISSION (KERALA) STATE MISSION OFFICE, GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM, PIN-695 001. SR.GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.22277/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE NOTICE BEARING NO.NRHM/ADMN1/6265/2010/SPMSU DATED 11.7.11 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. EXT.P2: TRUE COPY OF THE REPRESENTATION DT 18.7.11 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT. EXT.P3: TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 22277 OF 2011 ===================== Dated this the 19th day of September, 2011 J U D G M E N T Petitioner was a MBBS student in the Government Medical College, Calicut. At the time of joining the course, she had executed a bond in favour of the 1st respondent agreeing to serve the Government for a period of one year on successful completion of the study or in default to pay `5 lakhs. According to the petitioner, now she has applied for admission to P.G.Course and has to appear for an entrance examination. It is stated that, in order to enable her to prepare for the examination, she wants extension of time for rendering the service under the bond and with that request, made a representation to the 4th respondent, a copy of which is Ext.P2. There was no response to the representation and therefore the writ petition is filed for a direction to the respondents to extend the time for joining duty for rendering the bond service. 2. The case was adjourned with a direction to the learned Government Pleader to obtain instructions in the matter and it is today submitted that there is no rule enabling a bounden like the WPC No. 22277/11 :2 : petitioner to seek extension of time for joining the duty assigning the reason that the bounden is to prepare for an entrance examination. It is also stated that any such candidate who secures admission after joining duty is free to apply for leave and that in such cases, application will be considered. 3. It is not the case of the petitioner that she does not have the liability to serve the Government as undertaken in the bond. If that be so, in the absence of any enabling provision, the petitioner cannot seek extension of time as sought for in the writ petition. Further, in such a situation, this Court will not also be justified in passing any orders as sought for, which will amount to variation of the bond conditions. In such circumstances, petitioner cannot seek any direction in the writ petition and in the absence of any legal right in favour of the petitioner, I am also not inclined to direct consideration of the representation. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp