IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 WP(C).No. 23404 of 2008(J) -------------------------- PETITIONER: ------------ DR.AJITH KUMAR K.N., AGED 47, S/O.NANU MASTER, CIVIL SURGEON, GOVT.HOSPITAL, TELLICHERRY, RESIDING AT "ANUGRAHA", THIKUVANGAD, TELLICHERRY, KANNUR. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 3. THE DIRECTOR GENERAL OF HEALTH SERVICES, THIRUVANANTHAPURAM. 4. DR.PRIYA S.V., C/O.DR.AJITH.S., MALIYATTU, PADA NORTH, KARUNAGAPPALLY, KOLLAM. 5. THE COMMISSIONER FOR ENTRANCE EXAMINATION, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 23404 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 5th August, 2008. J U D G M E N T The petitioner is a civil surgeon in the Kerala Health Services aspiring for admission to the super speciality post-graduate course in Medical Colleges in Kerala this year in the quota set apart for service candidates. The petitioner's contention is that the 4th respondent who has been given admission, does not have the required length of experience for being considered for admission, in spite of which she has been granted admission. The petitioner also submits that since the Government itself had postponed admission to the Medical Education quota, admission in the Health Services quota for which the petitioner aspires shall also be postponed. The petitioner therefore seeks the following reliefs: “1. Issue a writ in the nature of mandamus commanding the 2nd respondent not to admit the 4th respondent as she is not qualified to be admitted as per the prospectus at Ext. P2. 2. Writ in the nature of mandamus commanding the 3rd respondent to publish the rank list of Service Candidates as provided under Ext. P2 prospectus and further defer admission to DM Cardiology under Health Service Quota till the notification under Kerala Govt. Medical Officers PG Service Quota Act is issued. 3. Writ in the nature of mandamus commanding the 3rd respondent to adopt the practice of deferring the admission to DM Cardiology against health service quota as has been followed in the case of incumbents against the Medical Education Quota to avail the benefit of new legislation. 4. Issue writ in the nature of mandamus commanding the 2nd respondent to keep in abeyance the seats under health service quota till the notification under Kerala Govt. Medical Officers PG Service Quota is issued.” 2. It is not disputed before me that one of the eligibility conditions fixed as per the prospectus issued for admission, for service candidates, is a pass in the Common Entrance Test with 50% marks. The petitioner admits that the petitioner has not secured 50% marks in the Common Entrance Test. The petitioner is therefore not W.P.C. No. 23404/2008. -: 2 :- eligible to be considered for admission either in the merit quota or in the service quota. Therefore, notwithstanding the contentions regarding ineligibility of the 4th respondent, the petitioner cannot aspire for admission. So far as deferment of the admission to Medical Education Service Quota is concerned, I have already issued directions to complete the admissions in accordance with the prospectus expeditiously. That being so, there is no merit in the petitioner's contention regarding deferment of admissions. In so far as the petitioner is not eligible for being considered for admission, I am not inclined to entertain this writ petition and accordingly the same is dismissed. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.