IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 WP(C).No. 5040 of 2010(D) ------------------------- PETITIONER: --------------- DR. SREEKUMAR.G.S., S/O.GANESAN, AGED 46 YEARS, ASSISTANT SURGEON, PH CENTRE KAMAKSHY, IDUKKI. (PRESENTLY DOING PG DIPLOMA IN ORTHOPAEDICS SURGERY IN MEDICAL COLLEGE, KOTTAYAM.) BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENTS: --------------- 1. STATE OF KERALA, REP.BY THE SECRETARY HEALTH AND FAMILY WELFARE (S) DEPARTMENT THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF MEDICAL EDUCATION THIRUVANANTHAPURAM. 4. THE COMMISSIONER OF ENTRANCE EXAMINATIONS, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SHRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.5040 of 2010 ------------------------------------------------ Dated this the 16th day of February, 2010 JUDGMENT The petitioner herein is the applicant for admission for PG Degree Course for current year namely, 2010. Ext.P1 is the copy of the application. The petitioner is an Assistant Surgeon working in Health Service Department. He is presently doing Post Graduate Diploma Course in Orthopaedics Surgery in Medical College, Kottayam on being admitted in the year 2009. According to the petitioner even though he had tried to get admission to Medical P.G. Degree Course but had to settle for Medical PG Diploma as the number of seats available for PG Degree Course in DRAQ was very few in number. The petitioner has filed a representation to the 1st respondent seeking for admission in the Course, if sufficient seats are there this year. 2. The apprehension of the petitioner is that in the light of the Clause VII(c) of prospectus the petitioner's application may not be processed. Going on Clause VII(c) of prospectus “Service candidates who have undergone PG course under service quota, earlier, will not be eligible for selection under service quota for a second time. A declaration to the effect that W.P.(C)No.5040 of 2010 2 he/she has not undergone PG course under the service quota should be furnished by the candidate along with the application. Application devoid of such declaration will be rejected.” According to the petitioner the above clause will not have application in the petitioner's case since he has not completed the Post Graduate Diploma Course and he is practically seeking a change of the course from Post Graduate Diploma to Post Graduate Degree only. 3. The petitioner seeks for a direction to the Government to take a decision on Ext.P2 representation. There will be a direction to the first respondent to take a decision on Ext.P2 in accordance with law, if the same has been received and is still is pending within a period of one month from the date of receipt of a copy of this judgment. The petitioner will produce a copy of the writ petition along with a copy of this judgment for compliance. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj