IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 15TH DECEMBER 2010 / 24TH AGRAHAYANA 1932 WA.No. 1981 of 2010 --------------------- AGAINST THE ORDER IN RP NO.844/2010 IN WP(C) NO.25644/2010 DATED 27.9.2010 .................... APPELLANT/REVIEW PETITIONER/PETITIONER --------------------------------------------------- DR.A.ABDUL SALAM,S/O.ABDUL KHADER, AGED 42 YEARS,DAYA BHAVAN,VELLAKKINAR, ALAPPUZHA. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA SRI.M.SAJJAD RESPONDENTS/RESPONDENTS/RESPONDENTS --------------------------------------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT HEALTH & FAMILY WELFARE DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR OF MEDICAL EDUCATION, POST MEDICAL COLLEGE,THIRUVANANTHAPURAM-695011. 3. THE KERALA PUBLIC SERVICE COMMISSION- REPRESENTED BY ITS SECRETARY,PATTOM PALACE, THIRUVANANTHAPURAM-695004. R1 & R2 BY SR.GOVERNMENT PLEADER SRI.BENNY GERVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. ------------------------------------------ W.A. No. 1981 of 2010 ------------------------------------------ Dated this the 15th day of December, 2010 JUDGMENT J.Chelameswar, C.J. This writ appeal is preferred by the unsuccessful petitioner in R.P.No.844 of 2010 aggrieved by the order dated 27th September, 2010. The review petition itself was filed against the judgment dated 16th August, 2010 in W.P.(C) No.25644 of 2010. 2. The appellant is a member of the service of the State of Kerala known as Department of Health Services. By virtue of the membership of the said service the appellant secured a seat in DM Cardiology (super speciality course) undertaken by the State of Kerala on a preferential basis. Under the Kerala Medical Officers' Admission to Postgraduate Courses under Service Quota Act, 2008, 40% of the available seats are reserved in favour of the candidates who are already in the service of the State of Kerala. 3. While pursuing the above mentioned super speciality course the appellant successfully competed for a post in the Kerala Medical Education Service. The appellant was required to report for duty by a stipulated date (15 days from the date of the appointment order). The W.A.No.1981 of 2010 - 2 - appointment order is dated 27.2.2010. In the background of the above mentioned facts the appellant made a representation to the Government of Kerala praying that the joining time in so fa as the appellant is concerned be enlarged till 31.7.2012 which is the expected date by which the appellant is likely to complete his super speciality course. By communication dated 9.6.2010, the representation of the appellant was rejected. Therefore, the appellant approached this Court by way of the above mentioned writ petition. The writ petition was dismissed by the judgment dated 16th August 2010. Not satisfied with the judgment the appellant sought a review of the said judgment in R.P.No.844 of 2010 which was also dismissed by the order dated 27th September, 2010. Hence the present appeal. 4. By the judgment under appeal, a learned Judge of this Court pointed out that there is no rule or law enabling the appellant to seek such an extension of time as a matter of right, a position which is not disputed by the appellant even before us. The only submission made by the learned counsel for the appellant is that granting the extension such as the one sought by the appellant to complete his super speciality course would be beneficial to the Medical Education Service and consequentially to the State of Kerala as the Medical Education Service would be enriched by the knowledge of the appellant W.A.No.1981 of 2010 - 3 - when he joins the service. 5. We do not wish to say anything about the enrichment of the service. But the fact remains that the appellant is already in the Medical Education Service of the State of Kerala. The knowledge which the appellant would acquire by completing the super speciality course would still be available to the State of Kerala in the form of service under the Department of Health Services if the appellant wishes to continue in the service of the State of Kerala. But one factual result by permitting the appellant to avail the benefit such as the one sought in the writ petition would be, another candidate who would be entitled to join the Medical Education Service would be deprived of an opportunity to join the service while the appellant who is already in the service got a benefit of securing admission to the super speciality course on the basis of reservation created by virtue of his employment in the State of Kerala. In the above circumstances, it is essentially for the State of Kerala to make an assessment as to what would be more beneficial to the State of Kerala and its people, whether granting the extension sought for by the appellant or not granting. The State of Kerala has already come to the conclusion that the appellant need not be granted any further extension. We do not see any reason nor any reason is brought to our notice to establish that such a decision is either arbitrary or contrary to W.A.No.1981 of 2010 - 4 - public interest. Therefore, we do not see any reason to interfere with the judgment under appeal. The writ appeal is therefore dismissed at the admission stage. J.Chelameswar, Chief Justice P.R.Ramachandra Menon, Judge vns