IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 WP(C).No. 7186 of 2010(W) -------------------------------------- PETITIONER(S): ----------------------- DR.SREENIVASAN.S., S/O.LATE P.SUBRAMANIAM, ASSISTANT SURGEON, GENERAL HOSPITAL, KOZHIKODE. BY ADV. MR.K.A.SALIL NARAYANAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICE, THIRUVANANTHAPURAM. 3. THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, THIRUVANANTHAPURAM. 4. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. R1 TO R4 BY GOVERNMENT PLEADER MR.K. RAMESH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 7186/2010-W APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REPRESENTATION MADE BY THE KERALA GOVERNMENT MEDICAL OFFICERS ASSOCIATION TO THE GOVERNMENT. EXT.P2: COPY OF THE PROSPECTUS FOR ADMISSION TO MEDICAL P.G. DEGREE/DIPLOMA COURSE 2010. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 7186 of 2010-W - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of March, 2010. JUDGMENT The petitioner is an Assistant Surgeon working in the General Hospital, Kozhikode, now deployed to Women and Child Hospital, Kottaparamba. He is seeking for admission to postgraduate medical course under the service quota. As per Ext.P2 prospectus, the upper age limit for general merit candidates will be 45 as on 30.4.2010 and for service quota candidates it will be fixed in such a way that service quota candidates if admitted to P.G. course, on completion of such course should have at least five years of service left before the date of superannuation in the respective departments. The upper age limit will be reckoned as on 30.4.2010. 2. The petitioner's date of birth is 10.10.1961. It is therefore pointed out that as on 30.10.2010 he would have completed only 48 years. Hence, if three years is taken to complete P.G. degree course, then the period left for him to serve in the Government will be short by a couple of months for five years. In view of the above predicament, the petitioner has approached this Court raising various grounds. 3. Learned counsel for the petitioner submitted that the writ wpc7186 /2010 2 petitioner may be allowed to move the Government for seeking relaxation/exemption from the said provisions in the prospectus. It is seen that the period of five years is only short of a couple of months as far as the petitioner is concerned. Therefore, if the petitioner files a detailed representation along with a copy of this judgment before the Government, the same shall be considered and appropriate orders will be passed within a period of one month from the date of production of a copy of this judgment, since it is pointed out that the admission process will be completed in the near future. The writ petition is disposed of as above. No costs (T.R. Ramachandran Nair, Judge.) kav/