Important points:
If facilities are not available in the parent department, the Government will have the right to shift candidates to any department/institution of the choice of the Government, which implies that it is the discretion of the Government to depute candidates as and when required. Clause No.13.1.2 does not in any manner suggest that the candidate has a right to leave the department if the facility is not available in the parent department.

JUDGMENT :

The petitioner seeks issuance of a writ of Mandamus directing the 2nd respondent to issue a 'No Objection Certificate' on Ext.P4 application filed by the petitioner before the Insurance Medical Services Department. The petitioner further seeks to declare that in the absence of the Post Graduate Super Specialty with the Insurance Medical Services Department, stipulated in clause 13.1.2 of Ext.P1 Prospectus, the petitioner is entitled to apply for and join in posts of Post Graduate Super Specialty, available in the Medical Education Department, Health Service Department or any other Department or Institution of the Government.

2. The petitioner states that he is an MBBS Doctor working in the Insurance Medical Services Department. The petitioner took a Post Graduate Specialty Degree M.S. General Surgery in the service quota during 2013–2016. The prospectus for admission to Medical PG Degree Courses 2013 provided that the selected candidates shall submit a declaration to the effect that they will serve Insurance Medical Services Department in the Specialist Post immediately or as and when required by the Government, on successfully completing the course and posting orders against the post given by the Director of Insurance Medical Services.

3. According to the petitioner, as per Clause 13.1.2 of Ext.P1 prospectus for admission to PG Super Specialty Courses Kerala, 2016, in the case of service quota candidates, they shall serve the Government for a period of 10 years or up to superannuation, whichever is earlier, after the completion of the course. They will carry out their compulsory Post PGSS service in the Department to which they have their lien. However, if adequate facilities are not available in that service, the Government will have the right to shift them to any other Department/institution on the choice of the Government.

4. The petitioner states that the petitioner executed the requested bond and successfully completed the Super Specialty course and thereafter rejoined the Insurance Medical Services Department where he was offered the post of Assistant Insurance Medical Officer, which was the same post he was holding before taking the Super Specialty Degree. Though the designation of the said post was changed as Surgeon, there was no change in service conditions of the petitioner. The petitioner submitted representations before the respondents to appoint him against the post of Post Graduate Super Specialty. However, the petitioner has not been appointed against a post of Post Graduate Super Specialty.

5. According to the petitioner, in view of Ext.P1 Prospectus, the petitioner is entitled to hold the post of PG Super Specialty. But, the Insurance Medical Services Department does not have such a post or facility. Therefore, the petitioner should be allowed to apply for a post of Post Graduate Super Specialty in Medical Education Services Department or Health Services Department or any other Department of the Government. The petitioner would contend that the bond obligations have been violated by the Insurance Medical Services Department. There is a fundamental breach of the condition in Clause 13.1.2 of Ext.P1 Prospectus by the Insurance Medical Services Department by not offering the post of Post Graduate Super Specialty to the petitioner after his taking the Super Specialty Degree.

6. The petitioner would argue that he has been denied the post of Post Graduate Super Specialty as assured in Clause 13.1.2 of Ext.P1 Prospectus. The Insurance Medical Service is not issuing No Objection Certificate to the petitioner to join other posts of Post Graduate Super Specialty and other Government Departments. In the circumstances, the petitioner seeks this Court to issue a writ of Mandamus directing the 2nd respondent to issue a No Objection Certificate on Ext.P4 application filed by the petitioner before the Insurance Medical Services Department.

7. The 1st respondent filed a counter affidavit and resisted the writ petition. T