IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 W.P(C).No. 6537 of 2008(C) --------------------------------- PETITIONER: -------------- DR.NEBU JOHN, ASSISTANT SURGEON, COMMUNITY HEALTH CENTRE, VELLANAD, THIRUVANANTHAPURAM. BY ADV. SRI.O.D.SIVADAS RESPONDENTS: ----------------- 1. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM. 3. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM. BY GOVT. PLEADER, SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 6537 OF 2008 - C = = = = = = = = = = = = = = = Dated this the 7th March, 2008 J U D G M E N T Petitioner contends that he joined service as an Assistant Surgeon in the Primary Health Centre, Vellanad in 1999. There was a delay in declaring his probation and finally on the intervention of the Kerala State Human Rights Commission when it issued Ext. P2 order, his probation was declared. Petitioner wanted to pursue his studies by joining Post-Graduate course. By the time his probation was declared and he became eligible, the eligibility criterion for admission was amended as a result of which the petitioner was rendered ineligible. In these circumstances, the petitioner has filed Ext. P5 representation requesting to the government to relax the qualification. 2. Admittedly, going by the eligibility as laid down, petitioner does not satisfy the same. Then what remains is whether the Government can relax the qualification in his favour acting upon Ext. P5 representation. Petitioner submits that the Government has W.P.(C) No. 6537 OF 2008 - 2 - the power under Rule 39 of the General Rules. However, on going through the rules I find that the power of relaxation available under the rules can only be in the matter of appointment to a service and cannot be invoked to relax the eligibility laid down for admission to an educational institution. Therefore, no useful purpose will be served by considering Ext.P5 representation. 3. Since the petitioner does not satisfy the eligibility laid down, I do not find any merit in this writ petition. Since in my view the Government also has no power to consider the eligibility criterion, I do not think it proper to direct consideration of Ext. P5 as well. Writ petition fails and is dismissed. ANTONY DOMINIC JUDGE jan/-