IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 WP(C).No. 16257 of 2010(F) -------------------------- PETITIONER(S): --------------- FARZANA.T.C., D/O.SIDDIQUE P., BEEMAKKUTY MANZIL, POST B.P.ANGADI, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION THE DIRECTORATE OF MEDICAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 3. THE COMMISSIONER FOR ENTRANCE EXAMINATION, OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATION, THIRUVANANTHAPURAM. 4. THE MEDICAL COUNCIL OF INDIA, REPRESENTED BY ITS SECRETARY, POCKET-14-SECTOR, 8, DWARAKA, NEW DELHI. ADV. SRI.ALEXANDER THOMAS, SC, MCI FOR R4 GOVT. PLEADER SHRI.M.A.ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 16257/10. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE CERTIFICATE DTD.12.1.06. P2. COPY OF THE REGISTRATION CERTIFICATE DTD.9.11.05. P3. COPY OF THE ORDER DTD.20.6.08. P4. COPY OF THE RANK LIST DTD.13.3.2010. P5. COPY OF THE GOVT. ORDER DTD.30.3.09. P6. COPY OF THE RELEVANT PAGES OF THE PROSPECTUS. P7. COPY OF THE INTERIM ORDER IN W.P.(C).No. 2610/2010 OF THIS COURT. P8. COPY OF THE JUDGMENT IN W.P.(C).No. 9730/2010 OF THIS COURT. P9. COPY OF THE REVISED RANK LIST DTD.12.4.10. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 16257 of 2010 ================== Dated this the 28th day of June, 2010 J U D G M E N T The petitioner is an aspirant for admission to Medical Post Graduate degree course under the quota prescribed for Health Services employees. The petitioner challenges Ext.P9 rank list prepared for admission under the Health Services quota. The petitioner's grievance in this writ petition is that the petitioner has not been given weightage of marks for rural service as per the prospectus issued. According to the petitioner, the petitioner has rural service and the petitioner is eligible to have the same considered in accordance with Ext.P5 Government order, which stipulates that a minimum of one year continuous service in rural area/difficult rural area service is necessary to get weightage. The petitioner submits that, under Ext.P6 prospectus, the stipulation is that minimum three years' service in difficult rural area is necessary for getting weightage. According to the petitioner, the condition in Ext.P6 is contrary to Ext.P5 and the same cannot be implemented. 2. The learned Government Pleader, on instructions, submits as follows: First of all, he would point out that in the application submitted w.p.c.16257/10 2 by the petitioner as against the column, “Are you eligible for weightage for Govt. Service in remote/difficult areas?” she has stated “No.” Secondly, he would contend that even assuming that the petitioner is entitled to have the rural service counted for the purpose of weightage, she would become eligible for admission only if she has minimum period of 5 years in the department, which she does not. 3. The learned counsel for the petitioner submits that the petitioner could not fill up the column relating to rural service in her application form only because of the stipulation in Ext.P6 prospectus, which is contrary to Ext.P5 Government order. But she candidly admits that she does not have minimum 5 years' service in the department. 4. I have considered the rival contentions in detail. 5. First of all, if the stipulation in Ext.P6, which was issued as early as on 24.12.2009, is contrary to Ext.P5 Government order, the minimum what the petitioner should have done is to challenge the stipulation in Ext.P6 prospectus at the earliest opportunity, which she has not done even in this writ petition filed on 26.5.2010. Secondly, if the petitioner is to have her rural service counted for weightage, that can be done only if the first condition regarding the minimum period of service in the department is fulfilled. Admittedly, the petitioner has not completed 5 years' service in the department for becoming eligible to be considered for admission in the Health Services quota to P.G. w.p.c.16257/10 3 Medical Courses. In the above circumstances, there is no merit in the writ petition and accordingly, the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge