IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 WP(C).No. 36052 of 2008(P) ---------------------------------------------- PETITIONER(S): ---------------------- DEEPA.N.SHENOY, D/O.NARASIMHA SHENOY, KANDATHIL HOUSE, THIRUMALA BHAGOM P.O., CHERTHALA. BY ADV. SRI.V.L.SHENOY RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL, GOVERNMENT AYURVEDA COLLEGE, THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR, ALAPPUZHA, REPRESENTED BY AUTHORISED OFFICER, TAHSILDAR, CHERTHALA. BY GOVERNMENT PLEADER SHRI C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 36052 OF 2008 P -------------------------------------- Dated this the 9th December, 2008 JUDGMENT Petitioner secured admission for M.D. Course in Ayurveda. Thereafter, she stood first in the entrance examination for M.B.B.S. Course (Ayurveda). Petitioner had executed a Bond while joining the M.D. Course (Ayurveda). Petitioner had approached this Court earlier and by Ext.P2 Judgment, this Court directed the Government to consider whether there were just ground to exempt the petitioner from liability under the Bond. It is after considering the case that the Government passed Ext.P3 order by which the Government took the view that securing admission for the M.B.B.S. Course would appear to be a valid reason and decided to grant relief by limiting the enforcement of the Bond to the extent of stipend paid and a sum of Rs.10,000/= payable as damages. Petitioner filed Ext.P4 seeking relief against the demand for the stipend WPC.36052/08 P 2 already paid and damages as aforesaid. However, petitioner is served with Exts.P5 and P6 which are proceedings under the Revenue Recovery Act for recovery of the amount under Ext.P3. 2. I heard Shri V.L. Shenoy, learned counsel for the petitioner and the learned Government Pleader. Shri V.L. Shenoy, learned counsel for the petitioner would submit that the petitioner is undergoing M.B.B.S. Course, her parents are pensioners, she is only a student and her Course will be completed only in May, 2010 and she can start payment of the amounts after the same. Learned Government Pleader would submit that it is for the petitioner to approach the Government in this regard. The request in Ext.P4 is not for grant of time for payment as such. In such circumstances, the Writ Petition is disposed of as follows: Proceedings pursuant to Exts.P5 and P6 will be kept in abeyance for two months. This is to enable the petitioner to WPC.36052/08 P 3 approach the first respondent with an appropriate petition seeking time to pay the amount demanded in Exts.P5 and P6. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge