IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 WP(C).No. 765 of 2009(N) -------------------------------------- PETITIONER(S): ------------------------- DR.P.SIVASANKARA PILLAI, DEPUTY DIRECTOR, FACTORIES AND BOILERS DEPARTMENT, MONICHEPPU, KAIRALI NAGAR - 14, VALLIKEZHU, KOLLAM. BY ADV. SRI.PRATHEESH.P RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY HEALTH SECRETARY, THIRUVANANTHAPURAM. 2. DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. 3. CONTROLLER OF ENTRANCE EXAMINATION, THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER SRI. M.A. ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.765/2009 N APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PROSPECTUS FOR MEDICAL POST GRADUATE DEGREE/ DIPLOMA COURSES, 2008. P2: COPY OF THE PROSPECTUS FOR THE YEAR 2009. P3: COPY OF THE DATE OF BIRTH CERTIFICATE. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 765 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of July, 2010 J U D G M E N T The petitioner is a Deputy Director in the Department of Factories and Boilers, Government of Kerala. The petitioner is an MBBS graduate who obtained the degree in 1992 and is working in the State service from 01.04.1993 onwards. From 2004 onwards, the State of Kerala reserved one seat for admission to postgraduate medical degree/diploma courses for employees of Factories and Boilers Department. However in the prospectus for the year 2009, the said quota has been deleted. In the above circumstances the petitioner has filed this writ petition seeking the following reliefs: “i. To issue a writ of mandamus directing the respondents to restore the service quota provided for factories and boilers to the Medical Post Graduate Degree Diploma Courses by the State for the coming year. ii. To issue appropriate writ directing respondents to provide admission for the petitioner to the post graduate diploma course for dermatology considering the age relation providing under Clause VII A of Exhihit.P2 Prospects.” W.P.(C)No. 765 of 2009 -2- 2. Petitioner has not been able to point out any law which compels the Government to set apart any quota for admission to medical postgraduate degree/diploma courses for employees of the Factories and Boilers Department. It is in the realm of policy of the Government. As a matter of policy, the Government has taken a decision not to have such a quota for the year 2009. This court cannot compel the Government of Kerala to introduce or continue such a quota forever. In the above circumstances, there is no merit in the writ petition and accordingly the same is dismissed. S. SIRI JAGAN JUDGE shg/