IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 WA.No. 1092 of 2009() --------------------- AGAINST THE JUDGEMENTIN WPC.11135/2009 Dated 06/04/2009 .................... APPELLANT(S): PETITIONER ------------------------ DR. K.S.SHINU, ASSISTANT SURGEON, PRIMARY HEALTH CENTRE, VELI, TRIVANDRUM. BY ADVS. DR.K.P.KYLASANATHA PILLAY SRI.V.SADASIVAN SRI.S.SANJITH SMT.V.J.SAFEENA SMT.SREEDEVI KYLASANATH RESPONDENT(S)/RESPONDENTS: --------------- 1. STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 2. THE DIRECOTR OF HEALTH SERVICE, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF MEDICAL EDUCATION, MEDICAL COLLEGE CAMPUS, MEDICAL COLLEGE.P.O., THIRUVANANTHAPURAM. BY SR. GOVT. PLEADER SRI. BENNY GERVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 17/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 1092 OF 2009 --------------------------------------------- Dated this the 17th day of June, 2009 JUDGMENT Balakrishnan Nair, J. The appellant was the writ petitioner. He is an Assistant Surgeon working under the Director of Health Service, Thiruvananthapuram, the second respondent herein. He is an applicant for admission to P.G. course in Medicine under the service quota. Annexure A-2 is the prospectus for admission to P.G. course published by the Directorate of Medical Education for the year 2009. 40% of the seats are set apart for service quota candidates. Service quota is further sub divided into Medical Education Service Quota, Health Service Quota, Insurance Medical Service Quota and Municipal Services Quota. The petitioner comes under the Health Service Quota. Those who have rendered more than one year continuous service in rural areas or difficult rural areas are entitled to get weightage for admission in the Health Service Quota. The petitioner has served at the Primary Health Centre, Kodikulam, Idukki, Community W.A. NO. 1092/2009 2 Health Centre, Vithura, Community Health Centre, Vellanad, Thiruvananthapuram, Primary Health Centre, Kallara, Thiruvananthapuram and Government Hospital, Kadakkal, Kollam. At present, he is working at the Primary Health Centre, Veli, Thiruvananthapuram from 28.9.2007. Though the periods of service rendered by the appellant at the other Primary Health Centres qualify for weightage, the respondents maintain the view that the service rendered by him at the Primary Health Centre, Veli, Thiruvananthapuram cannot be so reckoned. According to them, it is an urban area. According to the appellant, the stand taken by the respondents is not justified in view of Ext.P3 Government order dated 31.5.1983. As per the said Government order, the service in Primary Health Centres rendered anywhere in the State will be considered as rural service for admission to P.G. course. The petitioner filed Ext.P4 representation before the Government, placing reliance on the aforementioned Government order as his service in the Primary Health Centre, Veli was not reckoned when Ext.P2 selection list of Medical officers who applied for P.G. course, 2009, having rural area service, was published. But the Government did not consider Ext.P4. So, the Writ Petition was filed praying for appropriate direction to the respondents to reckon the service of the petitioner in the present station also, that is, at Primary Health Centre, Veli. The respondents resisted the W.A. NO. 1092/2009 3 prayer by contending that Veli is now part of Thiruvananthapuram Corporation and it is a rural area. Therefore, the service rendered there cannot be reckoned as rural service. Relying on that submission, the Writ Petition was dismissed. Aggrieved by the said judgment, this Writ Appeal is filed. 2. Dr. K.P. Kylasanatha Pillay who appeared for the appellant submitted that Ext.P3 Government order is still holding the field and the learned Single Judge committed an illegality in not referring to the contentions of the appellant made relying on Ext.P3. The learned senior Government Pleader, on the other hand, submitted that Ext.P3 Government order was issued for the purpose of admission to P.G. course during the year 1982-83 only and that subsequently, the scheme has undergone changes. Now, the list of difficult rural areas is published by the Government as per Government order dated 9.4.2002. As far as the rural area is concerned, the Government go by the list of Government Allopathic Medical Institutions in Kerala, published by the Department of Health Service. In the said list, having regard to the location of the hospital, the area is classified as rural or urban. The Primary Health Centres which are located in rural areas as per the said list are treated as rural areas for the purpose of admission to P.G. course. The latest list W.A. NO. 1092/2009 4 published gives the details of such institutions as on 31.12.2006. The learned Government Pleader has handed over a copy of that list to us. As per the said list, Primary Health Centre, Veli is item No.51 in the list of institutions in Thiruvananthapuram District. The learned Government Pleader further submitted that in 1999, Veli, which was earlier part of Attipra Panchayt was included in the Thiruvananthapuram Corporation and, thereafter, it is treated as an urban area. So, the service rendered by the petitioner at Primary Health Centre, Veli cannot be reckoned for the purpose of granting weightage. 3. We considered the rival submissions of the parties. Ext.P3 does not indicate that it is meant to be an order to be in force for all times. It was an order issued for the purpose of a particular academic year. It might have been followed in the subsequent years also. But, there is no material on record to show that the said order is now holding the field. Further, the learned Government Pleader submitted that the practice now followed is to follow the location of the Primary Health Centre in the list of Government Allopathic Medical Institutions in Kerala and the service in all the institutions located in rural areas are treated as rural service. Veli being an urban area, the service rendered there cannot be reckoned for the purpose of admission to P.G. course. In the absence of any compelling W.A. NO. 1092/2009 5 materials to disprove the above submission, we find no reason not to accept the said submission made by the learned Government Pleader. We also find that all spells of service rendered by the appellant in Primary Health Centres and Community Health Centres have been reckoned for the purpose of admission to P.G. course and only the service rendered by him at the Primary Health Centre, Veli has been excluded. In the absence of any specific explanation regarding rural service in the prospectus for the year 2009, we are of the view that the course adopted by the second respondent is a fair and reasonable course. Unless there are materials before us to show that the same is illegal, we are not justified in interfering with the course followed by the second respondent consistently for the last few years for making admissions to the P.G. courses. In the result, the Writ Appeal fails and it is dismissed. (K. BALAKRISHNAN NAIR) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A. NO. 1092/2009 6 K.BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. W.A.NO.1092/2009 JUDGMENT 17th June, 2009 W.A. NO. 1092/2009 7