IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 WP(C).No. 14098 of 2011(J) -------------------------- PETITIONERS: --------------- 1. DR.S.ANIL KUMAR, ASSISTANT INSURANCE MEDICAL OFFICER, E.S.I.HOSPITAL, ALAPPUZHA - 688 002. 2. DR.NAJMA H, ASSISTANT INSURANCE MEDICAL OFFICER, E.S.I.HOSPITAL, ERNAKULAM - 682 018. 3. DR.RAHILA BEEVI M.A., ASSISTANT INSURANCE MEDICAL OFFICER, E.S.I. DISPENSARY, FACTORY WARD, ALAPPUZHA - 688 002. 4. DR.RINCY M., ASSISTANT SURGEON, PRIMARY HEALTH CENTRE, CHAPPARAPADAVU, KANNUR - 670 581. 5. DR.SHIJOY K.S. ASSISTANT INSURANCE MEDICAL OFFICER, E.S.I.HOSPITAL, ERNAKULAM - 682 018. 6. DR.MOHAMMED RIAZ K.M., ASSISTANT INSURANCE MEDICAL OFFICER, E.S.I. DISPENSARY, MYNAGAPPALLY, KOLLM - 690 519. 7. DR.SILBY P.Y., ASSISTANT SURGEON, PRIMARY HEALTH CENTRE, KALAVOOR, ALAPPUZHA - 688 567. 8. DR.SHIBY CHIRAKKAROT, ASSISTANT INSURANCE MEDICAL OFFICER, E.S.I.HOSPITAL, ALAPPUZHA - 688 002. 9. DR.GITA.M., ASSISTANT INSURANCE MEDICAL OFFICER, E.S.I.HOSPITAL, ALAPPUZHA - 688 002. BY ADV. SRI.K.I.MAYANKUTTY MATHER SRI.R.JAIKRISHNA WP(C).No. 14098 of 2011(J) RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 695001. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 695001. 3. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 695011. 4. THE MEDICAL COUNCIL OF INDIA, REPRESENTED BY ITS SECRETARY, NEW DELHI - 110001. 5. THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 695001. 6. THE COMMISSIONER OF ENTRANCE EXAMINATIONS, OFFICE OF THE COMMISSIONER OF ENTRANCE EXAMINATIONS, HOUSING BOARD BUILDING, SHANTHI NAGAR, THIRUVANANTHAPURAM. 695001. BY GOVERNMENT PLEADER ADV. MR. P. NARAYANAN R4 BY ADV. SRI.ALEXANDER THOMAS, SC, MCI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14098 of 2011(J) APPENDIX PETITIONERS' EXHIBITS: EXT.P1 : TRUE COPY OF THE RELEVANT EXTRACT OF THE PROSPECTUS FOR ADMISSION TO MEDICAL PG DEGREE AND DIPLOMA COURSES, 2011. EXT.P2 : TRUE COPY OF THE INTERIM ORDER OF THE HON'BLE SUPREME COURT. EXT.P3 : TRUE COPY OF THE NOTIFICATION ISSUED BY THE 6TH RESPONDENT. /TRUE COPY/ P.S. TO JUDGE. P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 14098 OF 2011 ......................................................................... Dated this the 28th June , 2011 J U D G M E N T It is brought to the notice of this Court that the above writ petition happened to be omitted to be dealt with when the connected cases were considered and decided on 23.06.2011 and hence posted today. 2. Heard the matter in detail 3. The case of the petitioners is that, in view of the change in circumstances, particularly by virtue of declaration of law by a Division Bench of this Court as per the decision reported in Mohammed Riaz v. State of Kerala ( 2011 (2) KLT 294) , making it compulsory to have come through the common entrance test even in respect of 'service quota' candidates,. the petitioners, who, as per the prospectus were not required to undergo any test earlier, apprehended loss of opportunity and sought for interference of this Court. W.P.(C) No. 14098 OF 2011 2 4. When the matter came up for consideration on 25.05.2011, an interim order was passed permitting the petitioners to appear for the Supplementary Entrance Examination scheduled on 29.05.2011, on a provisional basis and subject to the result of the writ petition. The said examination in fact was conducted pursuant to the orders passed by the Apex Court in the concerned SLP, preferred against the decision of the Division Bench of this Court in Mohammed Riaz v. State of Kerala ( 2011 (2) KLT 294) . The learned Counsel for the petitioner submits that among the nine petitioners, petitioners at Sl.Nos.1 and 4 ( i.e. Dr. S. Anil Kumar and Dr. Rincy M.) alone have come out successful in the 'Test' held on 29.05.2011 and as such, they are eligible to be considered . 5. When the batch cases were considered and disposed of, particularly, with regard to the necessity to have the stipulated minimum 4 years' service in the Health Department, it was brought to the notice of this Court that the subsequent turn of events was considered by the Government and a decision was taken to allow relaxation of eligibility conditions as to the W.P.(C) No. 14098 OF 2011 3 minimum qualifying service as stipulated in the Prospectus for the Medical P.G. Admission, 2011, subject to certain specific conditions as conveyed to the learned Advocate General vide letter dated as per the letter No. 21094/S3/2010/H&FWD dated 21.6.2011 of the Secretary to the Government, Health and Family Welfare (S) department, a copy of which was placed for consideration of this Court. It was accordingly, that the matters were disposed of in the light of the proceedings as aforesaid, incorporating the conditions as extracted in paragraph No.9 of the common verdict dated 23.06.2011 in W.P.(C)Nos. 11141 of 2011 and connected matters. The said conditions are extracted below: “(1). The candidates should have a minimum of one year service in Health Services, Medical Education Services and Insurance Medical Services Department. (2). The candidates shall execute a bond to serve Government in respective Department for five years and in addition a period equal to the difference between number of years completed in service and the years required W.P.(C) No. 14098 OF 2011 4 to reach the eligibility criteria. (3). Since this is in relaxation of the existing Prospectus conditions, admissions already made should not be interfered with.” 6. In the light of relaxation stated as ordered by the Government as aforesaid, the petitioners at Sl.Nos.1 and 4 are also entitled to have the benefit of the common judgment dated 23.06.2011 in W.P.(C) Nos.11141 of 2011 and connected cases. It is ordered accordingly. The claim of the other petitioners is negated, as they lose the battle. The writ petition is disposed of, as above. P.R. RAMACHANDRA MENON, JUDGE. lk