IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 WA.No. 1830 of 2008 ------------------------------------ AGAINST THE JUDGEMENT IN WPC.24064/2008 Dated 26/08/2008 .................... APPELLANT/PETITIONER: ------------------------------------ BEENA N., AGED 47 YEARS, W/O.SANJEEV. K., KUZHIKANDATHIL, NEENDOOR, KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF MEDICAL EDUCATION, OFFICE OF THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ----------------------------------------------------- W.A.No.1830 of 2008 ---------------------------------------------- Dated, this the 3rd day of September, 2008 JUDGMENT A.K.Basheer, J. The appellant, who was working as Lecturer in Nursing in the Medical Education Department under the Government of Kerala, had applied for admission to Post Graduate Degree Course in Nursing (M.Sc.Nursing) under the service quota. After making the application, the appellant had approached this Court under Article 226 of the Constitution praying for issue of a direction to the respondents to admit her to the P.G.Course under the service quota. 2. The respondents took the stand that the appellant cannot be considered for admission to the Course under the service quota since disciplinary proceedings are pending against her for her unauthorized absence from service. Ext.P7 will reveal that appellant had been on leave right from 1993 till 2007. 3. It is admitted by the appellant herself that she has re-joined for duty some time in 2008 after expiry of the period of leave. But it is contended by the respondents that the appellant had absented W.A.No.1830/2008 -2- from duty unauthorizedly after expiry of the initial period of leave. However, according to the appellant, she is likely to get away with some minor penalty, in which event, denial of opportunity to pursue the P.G. studies will result in grave injustice. We do not agree. 4. The learned Single Judge in our view has dismissed the writ petition after considering the entire aspects of the matter in the right perspective. We do not find any reason to interfere with the orders passed by the learned Judge. There is no merit in the writ appeal. Accordingly, it is dismissed. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE MS