IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 20TH JANUARY 2011 / 30TH POUSHA 1932 WP(C).No. 2062 of 2011(G) -------------------------------------- PETITIONER(S): ----------------------- DR.KARUNAN KANNAMPOYILIL, LECTURER, NEPHROLOGY, CALICUT MEDICAL COLLEGE. BY ADV. SRI.SUBHASH CYRIAC RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HEALTH AND FAMILY WELFARE (S) DEPARTMENT, THIRUVANANTHAPURAM, TRIVANDRUM-11. 2. DIRECTOR OF MEDICAL EDUCATION, MEDICAL EDUCATION DIRECTORATE, THIRUVANANTHAPURAM-11. 3. COMMISSIONER OF ENTRANCE EXAMINATION, THIRUVANANTHAPURAM.695 001 R1 TO R3 BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 2062 of 2011 G ``````````````````````````````````````````````````````` Dated this the 20th day of January, 2011 J U D G M E N T Petitioner is a Lecturer in the Department of Nephrology in the Kozhikode Medical College. In 2009, the respondents decided that for admission to P.G.Courses, relaxation in age be given to in-service candidates. That benefit was not extended in the Academic Year 2010-2011 and the claim of the petitioner was rejected by Ext.P6 order dated 28-04-2010. It is challenging Ext.P6 order, this writ petition is filed. 2. First of all, Ext.P6 order in relation to admission during the Academic Year 2010-2011 was issued on 28-04- 2010. Therefore, not only that the admission for the Academic Year in relation to which Ext.P6 was issued is already over long ago, but also that the challenge now raised against Ext.P6 is highly belated. On that ground itself, relief has to be declined to the petitioner. That apart, in Ext.P6 W.P.(C) No.2062/2011 : 2 : order, the following reasons have been assigned by the Government to decline the request of the petitioner for restoration of age relaxation:- “ Government have examined the whole aspects in detail in consultation with the Director of Medical Education and the Director of Health Services. They informed that sufficient candidates who have enough remaining service after PG course are available under service quota for giving admission to PG medical courses. As per the stipulation in force the service quota candidates shall serve the Government for a period of 10 years or up to superannuation whichever is earlier after the completion of the course. But one of the petitioners have even 5 years of remaining service to serve the Government after the completion of PG Medical course. As per the seniority list furnished by the Director of Health Services a number of candidates who have more than 10 years of service are available after the completion of W.P.(C) No.2062/2011 : 3 : the PG course. All the service quota candidates are studying on the expense of public money. As per rules in force they are eligible for full salary and full fee concession (tuition fee) during their course of study. As such Government have a moral responsibility to insist them to work for a particular period in Government sector after the completion of the course to serve the general public. Public money could not be spent for the individuals, who do not have enough remaining service to serve the common public. Therefore Government cannot grant age relaxation to the petitioners on the grounds of public interest. Therefore their representations to get age relaxation for Post Graduate Medical Admission cannot be considered and is rejected.” 3. Thus, it is obvious that it was on account of availability of sufficient in-service candidates with remaining service that the respondents have decided to abolish the provision for age relaxation. That reason stated in Ext.P6 is W.P.(C) No.2062/2011 : 4 : not shown to me either incorrect or arbitrary for any reason warranting interference of this Court. Writ petition fails and it is dismissed. Sd/- (ANTONY DOMINIC, JUDGE) aks // True Copy // P.A. To Judge