A ABDUL SALAM Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS writ appeal is preferred by the unsuccessful petitioner in R.P.No.844 of 2010 aggrieved by the order dated 27th September, 2010. The review petition itself was filed against the judgment dated 16th August, 2010 in W.P.(C) No.25644 of 2010.

(2.) THE appellant is a member of the service of the State of Kerala known as Department of Health Services. By virtue of the membership of the said service the appellant secured a seat in DM Cardiology (super speciality course) undertaken by the State of Kerala on a preferential basis. Under the Kerala Medical Officers' Admission to Postgraduate Courses under Service Quota Act, 2008, 40% of the available seats are reserved in favour of the candidates who are already in the service of the State of Kerala.

(3.) WE do not wish to say anything about the enrichment of the service. But the fact remains that the appellant is already in the Medical Education Service of the State of Kerala. The knowledge which the appellant would acquire by completing the super speciality course would still be available to the State of Kerala in the form of service under the Department of Health Services if the appellant wishes to continue in the service of the State of Kerala. But one factual result by permitting the appellant to avail the benefit such as the one sought in the writ petition would be, another candidate who would be entitled to join the Medical Education Service would be deprived of an opportunity to join the service while the appellant who is already in the service got a benefit of securing admission to the super speciality course on the basis of reservation created by virtue of his employment in the State of Kerala. In the above circumstances, it is essentially for the State of Kerala to make an assessment as to what would be more beneficial to the State of Kerala and its people, whether granting the extension sought for by the appellant or not granting. The State of Kerala has already come to the conclusion that the appellant need not be granted any further extension. WE do not see any reason nor any reason is brought to our notice to establish that such a decision is either arbitrary or contrary to public interest. Therefore, we do not see any reason to interfere with the judgment under appeal. The writ appeal is therefore dismissed at the admission stage.