IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 WP(C).No. 32011 of 2009(V) -------------------------- PETITIONER(S): --------------- 1. DR.NIKHIL C.S., S/O. C.SASIDHARAN, AGED 26 YEARS, RESIDING AT SREESAILAM, CHALIYAM P.O., KOZHIKODE-673 301. 2. DR.AJAYAN P., S/O. LATE RAGHAVAN T.T., AGED 26, RESIDING AT PAYYADAKKATH HOUSE, KANKOL P.O., VIA PAYYANNUR, KANNUR. 3. DR.SANDEEP P.K., S/O. A.KARUNAKARAN NAIR, AGED 26, RESIDING AT SURABHI, PALLIKKARA ROAD, P.O.PERIYA, KASARAGOD-671 316. BY ADV. SRI.SREELAL N.WARRIER SRI.B.RAGHUNANDANAN SMT.A.R.SINDHU SMT. BEENA JOSEPH SMT. RAJI.K.G RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE ADDL. SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE (S) DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE DIRECTOR, NATIONAL RURAL HEALTH MISSION, THIRUVANANTHAPURAM. MS.ANU SIVARAMAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------ WP(C) No.32011 of 2009 -------------------------- Dated, this the 25th day of November, 2009 J U D G M E N T The petitioners are medical graduates, who have completed MBBS Degree Course in the Government Medical Colleges in Kerala. They have executed bonds with the authorities agreeing to complete the prescribed period of rural service. It is stated that though they commenced the rural service, they discontinued the same and are now preparing for Post Graduate Entrance Examinations. According to the petitioners, they have already appeared for one of the post graduate entrance examinations and that the other entrance examinations will be over by February, 2010. They are willing to complete the remaining bond period after entrance examinations are over. 2. It is stated that while so, the respondents have issued Ext.P1, which includes the names of the petitioners also, on the premise that they have not reported for rural service duty. Ext.P1 also says that if they do not report for duty, the Government will WP(C) No.32011/2009 -2- initiate action to realise an amount of rupees five lakhs each as damages from either the candidate or sureties, and will take action to cancel their Medical Council registration without any further notice. It is in these circumstances, this writ petition is filed. 3. As rightly pointed out, the Government Order providing for rural service itself enables candidates undergoing rural service, to undergo Post Graduate studies. But however, candidates are required to complete balance period of rural service once they complete the course. Technically, the petitioners may have been wrong to have discontinued the rural service, still there is no reason why the request of the petitioners to permit them to complete the balance period of rural service at least after the Post Graduate Entrance Examinations are over, shall not be considered and allowed. Therefore, I do not find any objection in accepting their request made. However, fact remains that formal orders will have to be passed by the 2nd respondent. Therefore, this writ petition is disposed of with the following directions:- That the petitioners will make an appropriate application before the 2nd respondent requesting to permit them to complete the balance WP(C) No.32011/2009 -3- rural service, after the Post Graduate Courses or Entrance Examinations are over, in which event, the 2nd respondent shall consider the same and pass orders thereon, in the light of the observations made herein above. It is directed that such representation shall be filed within two weeks from today. Subject to that condition, coercive action, if any, pursuant to Ext.P1 shall not be initiated against the petitioners. The petitioners shall produce a copy of this judgment along with a copy of this writ petition before the 2nd respondent for compliance. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg