IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 WP(C).No. 15650 of 2008(K) -------------------------- PETITIONER: ------------ 1. DR.C.K.JEEVANLAL, ASSISTANT SURGEON, P.H.C.CHITTARIPARAMBA, KANNUR. 2. DR.SUNNY MATHEW, P.H.C.MAUKODE, P.O.PERUMPATTA KASARGOD. BY ADV. SRI.SUDHEESH.A. SMT.C.V.BINDU RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. BY SMT.M.R.SREELATHA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 15650 of 2008 -------------------------- Dated this the 27th May, 2008 J U D G M E N T Petitioners had commenced their regular service as Assistant Surgeons in the Health Services Department. They had also rendered provisional service in the same post. They aspire for admission to the Post Graduate Courses in Medicine. According to them, admissions to the PG Course under the service quota is on the basis of seniority of the applicants as such. Petitioners request that the provisional service rendered by them should also be taken into account for the purpose of eligibility. Request made by the petitioners in this regard was directed to be considered by the Government as per Exhibit P3 judgment. Government has considered the issue and as per Exhibit P4 order they have rejected the petitioners claim. 2. I heard learned counsel for the petitioners and learned Government Pleader. Reasons have been given by the Government holding that provisional service cannot be taken into account for the purpose W.P ( C) No. 15650 of 2008 2 of determining the comparative eligibility of applicants for admission to the Post Graduate Course. Provisional service has to be taken into account only for limited purposes. 4. Having perused Exhibit P4 and having heard the learned counsel for the petitioners, I am not in a position to accept that the stand taken by the Government in Exhibit P4 suffers from any illegality. After all determination of the criteria for admission lies within the domain of the Government. It is always open to the Government to hold that provisional service need not be taken into account for determining the qualifying service for admission to Post Graduate Medical Courses. The writ petition is bereft of merit and hence dismissed. (V.GIRI, JUDGE) ma W.P ( C) No. 15650 of 2008 2