IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 26TH APRIL 2011 / 6TH VAISAKHA 1933 WA.No. 542 of 2011(E) ------------------------------- [THE JUDGEMENT IN W.P.(C).NO.4795/2011 DATED 14/03/2011] .................... APPELLANT/PETITIONER: ------------------------------------- DR.A.NIZAR,AGED 42 YEARS,S/O.ALIKKUNJU, HARITHA,PADA NORTH,KARUNAGAPPALLY.P.O, KOLLAM DISTRICT. BY ADVS. SRI.M.RAMESH CHANDER, SMT.K.A.SANJEETHA. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY DIRECTOR, DIRECTORATE OF MEDICAL EDUCATION,MEDICAL COLLEGE. P.O,THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR,INSURANCE MEDICAL SERVICES, THYCAUD,THIRUVANANTHAPURAM-695 001. 3. THE REGIONAL DEPUTY DIRECTOR,OFFICE OF THE REGIONAL DEPUTY DIRECTOR,INSURANCE MEDICAL SERVICES,SOUTH ZONE,POLAYATHODE,KOLLAM. 4. THE COMMISSIONER FOR ENTRANCE EXAMINATION,HOUSING BOARD BUILDING,SANTHI NAGAR, THIRUVANANTHAPURAM-695 001. 5. THE ACCOUNTANT GENERAL,THE OFFICE OF THE ACCOUNTANT GENERAL(A & D), THIRUVANANTHAPRAM-695 039. R1 TO R5 BY GOVT. PLEADER SMT. SMITHA SUKUMARAN. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26/04/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.A. No. 542 of 2011 & C.M.Appl. No.333/2011 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 26th day of April, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Thottathil B. Radhakrishnan, J. This appeal with an application for condonation of delay, is filed challenging the judgment of the learned Single Judge, declining to interfere with the non consideration of the application of the petitioner as an in-service candidate for admission to the Post Graduate Medical Education Course. The notification was issued on 05.01.2011 and the applications were to be duly submitted with all requisite testimonials on or before 24.01.2011. The petitioner admittedly obtained the in-service details through the Accountant General's office only on 28.01.2011 and he sought indulgence of the writ court to permit him to participate in the WA.542/2011 : 2 : selection by compelling the Controller of Entrance Examinations and the State of Kerala to receive his belated application. 2. As noticed by the learned Single Judge, though the notification was issued on 05.01.2011, the petitioner applied for the service details only on 12.01.2011. The discretion exercised by the learned Single Judge is in confirmity with the settled principles that it would be inadmissible for the writ court to trinker with the dates fixed in matters relating to admission to the medical courses. Notwithstanding this, we queried as to whether the petitioner had participated for PG Entrance Examination. The answer was in the negative. Even in- service candidates, going by the judgment of this Court in W.P.(C) No.1014/2009 and connected cases, have to appear for the common admission test and have to secure minimum bench mark fixed by the Medical Council of India. Either way, we do not find any ground WA.542/2011 : 3 : to interfere with the impugned judgment. Writ appeal fails. Writ appeal and the C.M.Application are hence dismissed. Sd/- (THOTTATHIL B. RADHAKRISHNAN, JUDGE) Sd/- (S.S.SATHEESACHANDRAN, JUDGE) aks/26.04 // True Copy // P.A. To Judge