IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 WP(C).No. 15655 of 2010(F) -------------------------- PETITIONER(S): --------------- DR. PRASANTH ASHER, AGED 30, S/O. NOBLE RAJ, BLOSSOM, VATTAPPARA.P.O., THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP RESPONDENT(S): --------------- 1. THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, DIRECTOR OF HEALTH SERVICES, DIRECTORATE OF HEALTH SERVICES,THIRUVANANTHAPURAM. GOVT. PLEADER SRI. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 15655 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 21st day of May, 2010. J U D G M E N T After putting in a stint of service in the Health Service Department , the petitioner entered service in the Medical Education Department of the Government of Kerala. He is a post graduate in Medicine. He aspires to apply for admission to the super specialty post-graduate course in the quota set apart for doctors of the Health Services. But, his application is not being accepted is his grievance. It is under the above circumstances, the petitioner has filed this writ petition seeking the following relief: “To issue a writ of mandamus or any other appropriate writ, direction or order directing respondents to entertain the application of petitioner for admission to M. Ch. Neuro Surgery in the quota set apart for Health Service and to grant admission for petitioner if he is otherwise entitled to.” 2. Ext. P4 is the prospectus. Clause VI (a)(2) is the relevant clause applicable to the petitioner, which reads thus: “(2) For applying under Service Quota, the applicants should be regular staff under HDS/DME and should have a minimum effective service of 5 years in the case of HSO candidates and 2 years in the case of MESO candidates as on the date of notification for inviting application. However, in case sufficient number of candidates having 2 years is not available in MESQ, candidates with lesser service will also be considered. Similarly in the case of HSQ if candidates having 5 years of minimum service are not available, candidates with lesser service will also be considered.” I am of opinion that going by the said provision, only a regular staff under the DHS presently in service of the Health Department can aspire to apply for admission in the service quota applicable to Health Service employees. Therefore, I do not find any merit in the writ W.P.C. No. 15655/2010. -: 2 :- petition and accordingly, the same is dismissed. However, it would be open to the petitioner to apply for admission in any other quota, if the petitioner is eligible for the same as per the conditions of the prospectus. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.