IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 WA.No. 1537 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.11148/2009 Dated 06/07/2009 .................... APPELLANTS/RESPONDENTS 4 to 7: --------------------------------------- 1. DR.JOSEPH GOMEZ, CIVIL SURGEON, COMMUNITY HEALTH CENTRE, POOVAR. 2. DR.REMA A.R., THQ HOSPITAL, PULINKUNNU, ALAPPUZHA. 3. DR.SUCHETA T.S., CIVIL SURGEON, DMOH, ALAPPUZHA. 4. DR.P.K.BEENA, ASST. SURGEON, P.H.C., CHETTIKKADU, ALLEPPEY. BY ADV. SRI.M.V.THAMBAN SRI.R. REJI SRI.BIPIN B. RESPONDENTS/PETITIONER & RESPONDENTS 1,2,3,8 & 9: ---------------------------------------------------------------- 1. DR.BINDU MOHAN, S/O.SYAM LAL, PUTHEN VEEDU, VENJARAMMOODU, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM. 3. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 4. DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. WA No. 1537/09 5. KERALA PUBLIC SERVICE COMMISSION, REP. BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 6. POST GRADUATE SELECTION COMMITTEE, REPRESENTED BY ITS SECRETARY, OFFICE OF THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. R1 BY ADV. SRI.T.M. ABDUL LATHEEF. R2 TO R4 BY SR. GOVT. PLEADER, SRI.BENJAMIN PAUL R5 BY SRI. ALEXANDER THOMAS, SC, KPSC. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 31/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & Kurian Joseph, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1537 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this, the 31st day of July, 2009 JUDGMENT Kurian Joseph, J. Respondents 4 to 7 in the writ petition are the appellants herein. The writ petitioner is the first respondent. The writ petition was filed with the following prayers: “i. to call for the records relating to Exts.P1 to P10 and to issue a writ of certiorari quashing Ext.P9 to the extent of placing the petitioner's name below that of respondents 4 to 7 and also to command the respondents 1 to 3 to fix the name of the petitioner above that of the respondents 4 to 7 based upon the advise given by the PSC as stated in Ext.P5 prospectus; ii. To issue appropriate order or direction directing the respondents 1 to 3 not to admit the respondents 4 to 7 based upon the counseling which is proposed to be held from 6th April 2009 onwards for the Post Graduation Courses 2009 for MD General Medicine based upon Ext.P8 seniority list and to fill up the same only after finalizing the claim of the petitioner;” WA No.1537/2009 -:2:- 2. The learned Single Judge at paragraph 6 of the judgment held as follows: “6. It is clear from the counter affidavit filed by the respondents that the petitioner has not been admitted to any Post Graduate Course on the ground that the total length of service of respondents 4 to 7 is one day more than that of the petitioner. That is to say whereas the petitioner joined service on 6.2.1996 the contesting respondents joined on 5.2.1996. This is therefore a typical case where their inter se seniority should have been determined on the basis of their ranking in the Public Service Commission's List, since the difference in the length of their service is less than 90 days. That has not been done. The matter will therefore have to be redone but taking note of the fact that admissions have been completed otherwise, fresh exercise should be confined only to the petitioner and respondents 4 to 7.” 3. On the basis of the above finding, the learned Single Judge directed the 3rd respondent to determine the seniority on the basis of the above principle and to give fresh options. 4. The last date fixed by the Supreme Court for admission to Post Graduate Course expired on 20.06.09. Faced with such a situation, learned counsel for the 1st respondent(writ petitioner) WA No.1537/2009 -:3:- on instruction submits that she is interested in getting a seat for 'MD General Medicine' next year and she does not want to disturb the appellants, in case, the principle on which the seniority among the applicants is to be fixed on the basis of the judgment rendered by the learned Single Judge as extracted above. The learned Government Pleader submits that for the next year selection, a policy to be fixed and subject to such policy only selection can be made. It is made clear that regarding the fixation of seniority, in case there is no change in the policy for selection for the next year in the matter of seniority, the principle on seniority as held by the learned Single Judge will be applied in the matter of selection. In that view of the matter we make it clear that the admission of the appellants shall not be disturbed and the same shall be treated as valid for all purposes. We also make it clear that the observations and findings rendered by the learned Single Judge are only with respect to the question raised before the learned Single Judge in respect of WA No.1537/2009 -:4:- fixation of seniority in the matter of selection of candidates for Post Graduate Course. The Writ Appeal is disposed of as above. S.R. Bannurmath, Chief Justice. Kurian Joseph, Judge. ttb