IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 WP(C).No. 10458 of 2009(B) -------------------------- PETITIONER(S): ------------------ DR. C.P. SREELEKHA, ASSISTANT SURGEON, PRIMARY HEALTH CENTRE, PADINJARETHARA, MUNDAKKUTTY.P.O, VIA MANTHAVADY, WAYANAD DISTRICT. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): ------------------- 1. THE DIRECTOR OF HEALTH SERVICE, OFFICE OF THE DIRECTORATE OF HEALTH SERVICE, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, OFFICE OF THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. SR.GOVT.PLEADER SRI.T.B.HOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2009, ALONG WITH WPC NO. 10494 OF 2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NOs. 10458 & 10494 OF 2009 ========================== Dated this the 6th day of April, 2009 J U D G M E N T Petitioners are Assistant Surgeons aspiring for admission to Post Graduate Courses under the Difficult Rural Area quota. They were included in the seniority list prepared reckoning their eligibility from 09.4.2003, the date when their respective places of posting were included among the Difficult Rural Areas. What they contend is that they having commenced their service at the aforesaid places prior to its inclusion in Ext.P3 and as the declaration by Ext.P3 is only a recognition of an existing fact, they should be given credit to their prior service and that on that basis, their seniority should be fixed. It is contended that if their eligibility is reckoned on that basis, they will be sufficiently senior in the final seniority list and will, on that basis, gain admission for the post graduate courses. 2. Learned Government Pleader appearing on behalf of the respondents brought to my notice a judgment of the Division Bench in Dr.Prasanth U.T. v. The Director of Health Services and Ors. (2004(1) KLJ 711), para 12 of which reads as under: WPC 10458 & 10494/09 :2 : The next question to be considered is whether the service rendered by a candidate at a station when it was not included in the list of Difficult Rural Areas can be taken into account to determine the length of service in Difficult Rural Areas consequent on the inclusion of that station in the list of Difficult Rural Areas. Having regard to the concept and background of Difficult Rural Area Quota and the object for which seats are reserved in the DRA quota, the service rendered by a person at a station when it was not included in the list of Difficult Rural Areas cannot be taken into account for determining the length of his service in the Difficult Rural Areas. Only the service rendered after the inclusion of the station in the list of Difficult rural Areas can be considered for determining the length of service in the Difficult Rural Areas. There is no illegality, injustice or unfairness in taking such a view since the person was not made to work at that station giving him any hope or promise to consider his service at that station for any weightage or preference for admission to the Medical Post Graduate courses. On the other hand,if service rendered at a particular station prior to its inclusion in the list of Difficult Rural Areas is allowed to be taken into account to determine the length of service in the Difficult Rural Areas for the purpose of admission to Medical Post Graduate Courses, it will lead to misuse and favouritism. It will be possible for the persons in power to include a particular station in the list of Difficult Rural Areas in order to favour a particular candidate who had occasion to work in that particular station in the past. Hence it will be illegal, unjust, unfair and improper to give any retrospective effect to the inclusion of a particular station in the list of Difficult Rural Areas. In this view of the matter, the Government letter No.20851/S3/2001 H&FWD dt 28.5.2001 (Ext.P4 in WP(C) NO.23058/2003 and Ext.P7 in OP No.1234/2002) is liable to be set aside and the Government is liable to be directed that the service rendered by a candidate at a particular station prior to its inclusion the list of Difficult Rural Areas shall not be taken into account for determining the length of service of the candidate in Difficult Areas for the purpose of admission to DRA quota seats. WPC 10458 & 10494/09 :3 : 3. A reading of the aforesaid paragraph shows that the said judgment is a complete answer to the case canvassed in these writ petitions. Since the issue is thus fully covered by the judgment referred to above, I cannot find fault with what the respondents have done. Writ petitions therefore fail and are dismissed. ANTONY DOMINIC, JUDGE Rp