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. 10848 of 2009(A) -------------------------- PETITIONER(S): --------------- DR.K.RAVIPRASADA, AGED 48 YEARS, S/O.K.VASUDEVA KADAMBALITHAYA, WORKING AS ASST:SURGEON,PHC ADOOR, (VIA)MULLERIA, KASARGOD-671543. RESIDING AT SHANKHADAMOOLE HOUSE, P.O.BELLURU, (VIA)MULLERIA,KASARGOD-671543. BY ADV. SRI.K.ABDUL JAWAD RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVT. HEALTH & FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION,TRIVANDRUM. 3. DIRECTOR OF HEALTH SERVICES, THIURUVANANTHAPURAM. 4. THE POST GRADUATE SELECTION COMMITTEE, REP. BY THE CONVENER(DIRECTOR OF MEDICAL EDUCATION) THIRUVANANTHAPURAM. MR.T.B.HOOD, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.10848 of 2009 --------------------------------- Dated, this the 6th day of April, 2009 J U D G M E N T The petitioner submits that he joined the service as an Assistant Surgeon at Adoor, Kasaragode district on 05/07/1997. On the basis that this place, Adoor, was classified as a Difficult Rural Area, he applied for admission to Post Graduate Course in the quota earmarked for the same. In Ext.P3 provisional seniority list, reckoning the entire services, he was ranked at Sl.No.1. However, in the final list, his position was at Sl.No.22 and the service reckoned is only 5 years 7 months and 24 days. The petitioner submits that in Ext.P2, Government Order dated 03/05/1979, Adoor was included in the list of Difficult Rural Areas and therefore, his service from 1997 onwards is liable to be reckoned and that he should be given his due ranking in the final seniority list. 2. On the other hand the learned Government Pleader submits that the Government Order dated 03/05/1979, relied on by the learned counsel for the petitioner, was issued only for the purpose of transfer and posting and not for the purpose of WP(C) No.10848/2009 -2- determining the eligibility or for any other purpose. It is stated that the quota was first introduced by Government order dated 09/04/2003. It is also stated that going by the provisions in Ext.P1 prospectus, the lists of Difficult Rural Areas are those mentioned in 09/04/2003 Government Order. According to him, therefore, the service to be reckoned is only that rendered subsequent to 09/04/2003. 3. A reading of 1979 Government Order shows that the purpose sought to be achieved was only for transfer and posting in certain areas. This Government Order, therefore, cannot be made use of to claim admission to Post Graduate Courses. 4. Going by the terms of Ext.P1 prospectus, I am inclined to agree with the learned Government Pleader that what governs the matter is the Government Order dated 09/04/2003. If so, the position of the petitioner at Sl.No.22, having rendered 5 years, 7 months and 24 days service, is liable to be upheld and I do so. Therefore, the writ petition fails and is dismissed. (ANTONY DOMINIC, JUDGE) jg