IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 WP(C).No. 15724 of 2010(M) --------------------------------------- PETITIONER: ------------------- DR.M.ABDUL SATHAR SAIT, AGED 51 YEARS, S/O. MOOSA ESSACK SAIT, CIVIL SURGEON, GENERAL HOSPITAL, ALAPPUZHA. BY ADVS. SRI.K.S.HARIHARAPUTHRAN, SRI.GEORGE MATHEW. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY HEALTH SECRETARY, THIRUVANANTHAPURAM. 2. DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 3. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 4. DISTRICT MEDICAL OFFICER, ALAPPUZHA. 5. THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM. R1 TO R4 BY GOVT. PLEADER SRI. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/05/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 15724 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of May, 2010 J U D G M E N T The petitioner is an aspirant for admission to Post Graduate Super specialty courses in medicine, in the Health Service quota. But a clause in Ext.P1 prospectus, fixing the upper age limit for applying in the Health Service quota as 47 years, stand in way of the petitioner in getting admission. Petitioner 's grievance in this writ petition is that the upper age limit fixed as 47 years is arbitrary and discriminatory since for corresponding quota prescribed for Medical Education Service employees is 52 years. 2. I have heard the learned Government Pleader also. Admittedly presently the retirement age of Health Service employees is 55 and those of Medical Education Service employees is 60. That being so, necessarily there should be proportionate difference in the upper age limit fixed for applicants under the Healths Service quota and W.P.(C)No. 15724 of 2010 -2- Medical Education Service quota. As such, I do not find any arbitrariness or discrimination in fixing separate upper age limits for the two categories. Therefore I do not find any merit in the writ petition and accordingly the same is dismissed. S. SIRI JAGAN JUDGE shg/