IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 WP(C).No. 23341 of 2009(K) -------------------------- PETITIONER: ------------------ DR.JIJO PAUL, AGED 31 YEARS, WORKING AS ASSISTANT SURGEON, PRIMARY HEALTH CENTRE, BINANIPURAM, ERNAKULAM, AND RESIDING AT THEKKEDATH HOUSE, VADAKODE P.O., ERNAKULAM DISTRICT. BY ADV. DR.GEORGE ABRAHAM RESPONDENTS: ---------------------- 1. THE DIRECTOR OF HEALTH SERVICES, TRIVANDRUM. 2. THE JOINT DIRECTOR OF MEDICAL EDUCATION, TRIVANDRUM. 3. THE DISTRICT MEDICAL OFFICER, ERNAKULAM. 4. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH & FAMILY WELFARE, TRIVANDRUM. 5. THE PRINCIPAL, MEDICAL COLLEGE, KOTTAYAM. BY SENIOR GOVERNMENT PLEADER SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: app/- P.N. RAVINDRAN, J - - - - - - - - - - - - - - - - - - - W.P.(C). Nos.23341 & 23345 of 2009. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of August, 2009 J U D G M E N T Heard Dr.George Abraham, the learned counsel appearing for the petitioners and Smt.Anu Sivaraman, the learned Senior Government Pleader appearing for the respondents. Common questions arises in these writ petitions. They were therefore heard together and are being disposed of by this common judgment. 2. The petitioners are Doctors by profession. After they completed the MBBS Degree course, they applied for appointment as Assistant Surgeon pursuant to a notification issued by the Kerala Public Service Commission. Thereafter, the petitioner in W.P.(C) No.23341 of 2009 underwent the post graduate degree course in Orthopedics and the petitioner in W.P.(C) No.23345 of 2009 underwent the post graduate diploma course in Anesthesiology from Medical College, Kottayam. While the petitioners were undergoing the said courses, they were advised for W.P.(C). Nos.23341 & 23345 of 2009. 2 appointment by the Kerala Public Service Commission on 29.5.2007. They were also appointed on 18.6.2007. Since the petitioners were undergoing post graduates studies, they applied for extension of joining time and that was granted. As post graduate students, the petitioners had executed a bond to serve in the medical colleges for a period of one year after they complete the post graduate degree course. 3. After the petitioners completed their post graduate degree course they joined duty in the Primary Health Centre at Binamipuram in Ernakulam district on 25.6.2009 and Pindimala in Ernakulam district on 30.5.2009 respectively. Shortly, thereafter the Joint Director of Medical Education issued Ext.P4 order dated 25.7.2009 appointing them as Lecturer in the Medical College at Kottayam for a period of one year. The petitioner in W.P.(C) No.23341 of 2009 was appointed as Lecturer in Orthopedics and the petitioner in W.P.(C) No.23345 of 2009 was appointed as Lecturer in Anesthesiology. The Medical W.P.(C). Nos.23341 & 23345 of 2009. 3 Officers of the respective Primary Health Centres where the petitioners are working did not relieve them for the reason that if they are relived, the work in the Primary Health Centers will be affected. These writ petitions were there upon filed seeking a writ in the nature of mandamus commanding the Medical Officers to relieve them for joining duty as Lecturers in Medical College, Kottayam. 4. The learned Government Pleader appearing for the respondents submits on instructions that the service of the petitioners is necessary in the Primary Health Centres. He also submits that in view of the peculiar facts of this case, the Government will have to take a decision in the matter. In my opinion, the question whether the petitioners should be retained in the respective Primary Health Centres or should be directed to serve in the medical colleges for a period of one year is a matter for the Government to decide. The Government alone can assess the niceties of the situation and the administrative exigencies and this Court exercising jurisdiction under Article 226 of the Constitution W.P.(C). Nos.23341 & 23345 of 2009. 4 of India cannot undertake that exercise. I accordingly dispose of these writ petitions with the direction that in the event of the petitioners filing appropriate individual representations before the Secretary to Government Health and Family Welfare Department, the Government shall consider the same and take a decision therein expeditiously and in any event within two months from the date on which the petitioners move the Government. The petitioners shall be retained in the Primary Health Centers where they are presently working till the Government takes a decision in the matter. Having regard to the peculiar facts of the case, I also direct that no action shall be taken against the petitioners for not joining duty in Medical College, Kottayam as directed by the Joint Director of Medical Education. P.N. RAVINDRAN, JUDGE. app/-