BALACHANDRAN K.R. AGED 56 YEARS, S/O. RAGHAVA PANICKER, RESIDING AT KUMARAVILASAM, EZHUPUNNA NORTH P.O., CHERTHALA, ALAPPUZHA DISTRICT Vs. EMPLOYEES STATE INSURANCE CORPORATION REPRESENTED BY DIRECTOR GENERAL, PANCHDEEP BHAVAN, C.I.G. ROAD, NEW DELHI

JUDGEMENT

(1.) First appellant is the watchmen of an establishment covered under the Employees State Insurance Act. Second appellant is the daughter of the first appellant. The ESI Corporation is running Medical Colleges in different parts of the country and the management quota for admission to MBBS Course is for the 'Ward of Insured Person'. The insured person is defined in clause 8 of the prospectus/admission notice which is reiterated as clause 3 of Ext.P1 pre-admission notice. As per the said provision, the insured person shall be an employee as defined in the ESI Act and should have been in continuous insurable employment for a minimum period of five years as on 1st Jan. of the year of admission and should have paid at least 78 days contribution in each contribution period. To be more precise, the said clause reads thus:-

(2.) Though the first appellant has got more than five years continuous insurable employment, there is shortage of one day during the contribution period ie., 1.4.2013 to 30.9.2013, as evident from Ext.P2 produced in the writ petition. The second appellant has been qualified in the National Eligibility-cum-Entrance Test (NEET 2016) and based on the same she has applied for admission in the ward of insured persons quota. Since there was shortage of one day in one contribution period, the Ward of Insured Person Certificate was not issued to the second appellant and hence she was not included in the list of candidates eligible for admission to the ward of insured persons quota.

(3.) The appellants herein approached this Court in W.P(C). No. 30540 of 2016 for a direction to the first respondent to issue 'Ward of Insured Persons Certificate' to the second appellant and for a declaration that the second appellant may be admitted to UG Courses (MBBS) ESIC Medical Colleges for the academic year 2016-2017 under the Insured Persons Quota. The said writ petition came to be dismissed by the impugned judgment. Hence this writ appeal is filed.