IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933 WP(C).No. 672 of 2010(H) ------------------------------------ PETITIONER(S): ------------------------ GANESH M., GANESH SADAN, KONNAKKAD P.O., VIA. PARAPPA, KASARAGOD-671 533. BY ADVS. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.BENNY.P.THOMAS SRI.P.GOPINATH MENON SRI.V.J.ANAND RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. 3. THE STATE MISSION DIRECTOR, NATIONAL RURAL HEALTH MISSION, NRHM DIRECTORATE, GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM. 4. THE DISTRICT MEDICAL OFFICER OF HEALTH, KANHANGAD, OFFICE OF THE DISTRICT MEDICAL OFFICER OF HEALTH, KANHANGAD, KASARAGOD DISTRICT. R1 & R2, R4 BY GOVERNMENT PLEADER SMT.LAKSHMI NARAYANAN R3 BY ADV.SRI.ALEXANDER THOMAS, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/03/2011, ALONG WITH WPC NO. 1008 OF 2010 AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C)NO.672/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE G.O.(MS) NO.533/2008/H& FWD DATED 7/10/2008. P2 COPY OF THE RELEVANT ANNEXURE PERTAINING TO KASARAGOD DISTRICT, OF THE POSTING ORDERS ISSUEDBY THE 3RD RESPONDENT, IN CONNECTION WITH COMPULSORY RURAL SERVICE OF M.B.B.S. DOCTORS FROM THRISSUR AND KOZHIKODE MEDICAL COLLEGES AND ACME, PARIYARAM, FOR THE YEAR 2008, DATED NIL. P3 COPY OF THE NOTIFICATION ISSUED BY THE 3RD RESPONDENT DATED 29/9/2008. P4 COPY OF THE REPORT OF THE 4TH RESPONDENT TO THE 3RD RESPONDENT DATED 1/1/2010. P5 COPY OF THE RELEVANT PORTION OF THE PROSPECTUS,FOR THE YEAR 2010. P6 COPY OF THE PRESCRIBED FORMAT OF THE CERTIFICATE IS ALSO SHOWN IN THE PROSPECTUS, FOR THE YEAR 2010. P7 COPY OF THE RELEVANT NOTIFICATION OF THE MEDICAL COUNCIL OF INDIA, WHICH AMENDED THE MEDICAL EDUCATION REGULATIONS IN THE YEAR 2009, DATED 17/11/2009. P8 COPY OF THE REPRESENTATION DATED 4/1/2010. P8)A) COPY OF THE SPEED POST RECEIPTS, DATED 4/1/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts THOTTATHIL B. RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. ``````````````````````````````````````````````````````` W.P.(C) Nos.672, 1008, 3608, 4171 & 5892 of 2010 ``````````````````````````````````````````````````````` Dated this the 31st day of March, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ Thottathil B.Radhakrishnan, J. These writ petitions relate to the admission to the Post Graduate Medical Course in different medical colleges in the State of Kerala, which are governed by a common admission test, though the medical colleges fall under different Universities within the State of Kerala. By judgment in W.P.(C) No.1014/2009 and 2610/2010, it was held that the provision in the Kerala Medical Officers' Admission to Post Graduate Courses Under Service Quota Act, 2008, containing the methodology for admission of in- service candidates was subject to the provisions of IMC Act and the MCI Regulations. The requirement is that the in- WPC.672/2010 & connected cases : 2 : service candidates also have to take the common admission test and to obtain the minimum bench mark in that admission test in terms of the MCI Regulations. With that judgment, many of the issues raised in these writ petitions also stand concluded, barring certain questions relating to certain minor issues. It includes the question as to whether the concept “in-service” means those who are actually in service of the Government and working or whether it includes other categories; may be those compelled to work in the Government under bonds. This issue relating to last year's admission stood governed until now by the interim order issued on 23.03.2010 in these writ petitions. We preserve paragraphs 8 and 9 of that interim order and make that absolute in so far as the academic year in question in these writ petitions is concerned. In so far as the later year from 2011 onwards, we are told that the Government have essentially fallen in tune with the aforesaid and has issued a Government Order in that regard. We add that any challenge to that Government WPC.672/2010 & connected cases : 3 : Order would stand left open and no issues of law are decided in this judgment by confirming the aforesaid interim order to the aforesaid extent. 2. With this, we leave open all other issues including the question as to whether the weightage will be confined to the seats reserved under the Act or would apply in excess of the quota governed by the State Act. These writ petitions are ordered accordingly. Sd/- (THOTTATHIL B. RADHAKRISHNAN, JUDGE) Sd/- (S.S.SATHEESACHANDRAN, JUDGE) aks // True Copy // P.A. To Judge