Kerala High Court
Dr.Arun V A vs State Of Kerala on 31 August, 2022
WP(C) No.28120/2022 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
Wednesday, the 31st day of August 2022 / 9th Bhadra, 1944
WP(C) NO. 28120 OF 2022(L)
PETITIONER:
DR.ARUN V A, AGED 33 YEARS S/O.ARAVINDAKSHAN V.N, LECTURER,
DEPARTMENT OF ORTHOPAEDICS, GOVT. MEDICAL COLLEGE, PALAKKAD-678013
RESIDING AT VENGASSERY HOUSE, NO.38/11, PALIYEKKARA JUNCTION, NEAR
TOLL PLAZA, CHITISSERY P.O, THRISSUR, PIN-680301.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HEALTH
AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT,
TRIVANDRUM-695001.
2. THE DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION,
MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM, PIN-695011, KERALA.
3. THE DIRECTOR OF HEALTH SERVICES, DIRECTORATE OF HEALTH SERVICES,
GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM-695033.
4. COMMISSIONER OF ENTRANCE EXAMINATIONS, HOUSING BOARD BUILDINGS,
SANTHI NAGAR, TRIVANDRUM-695001.
5. POSTGRADUATE COURSE SELECTION COMMITTEE, REPRESENTED THROUGH ITS
CHAIRMAN, SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE
DEPARTMENT, SECRETARIAT, TRIVANDRUM 695 001.
6. THE DIRECTOR, INSTITUTE OF INTEGRATED MEDICAL SCIENCES, PALAKKAD 678
013.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased (i) to direct the respondent 1,2,4 and 5 to publish the ranked
list for service quota 2022-2023 as per clause 6-6.13 by including the
name of the petitioner as against the P.G. Course (M.S.Orthopaedics) as
coming under the DME/Medical Education Service Quota (MESQ) provisionally
and subject to the final outcome of the writ petition.(ii) to direct the
respondents 1 to 6 to not to fill up the 1 (one) seat of
M.s.Orthopaedics(please see Sl.No.9, inner page 59 of Ext.P2) now
illegally reserved for DHS/Health Services Quota, till this writ petition
is finally heard and disposed of.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.VARUN C.VIJAY & DIVYA CHANDRAN, Advocates for the petitioner and of
GOVERNMENT PLEADER for the respondents, the court passed the following:
WP(C) No.28120/2022 2/3
ORDER
Admit.
Learned Government Poleader takes notice.
Learned Counsel for the petitioner asserts that in view of Ext.P1 judgment, the
petitioner's name is liable to be sponsored by the Commissioner of Entrance Examination,
irrespective of the fact that as per the seat matrix the only service quota seat for M.S.
Orthopaedics is set apart from DHS.
Learned Government Pleader would submit that without there being seat set apart
for DME, there cannot be any sponsoring of the petitioner's name by the commissioner of
Entrance Examination.
In spite of the affirmative submissions of the learned Counsel for the petitioner, I
find that the issue canvassed in this writ petition requires final adjudication and there
cannot be an interim direction to sponsor the petitioner's name to a seat which has not
been set apart for DME.
Sd/- V.G.ARUN JUDGE
31-08-2022 /True Copy/ Assistant Registrar
WP(C) No.28120/2022 3/3
APPENDIX OF WP(C) 28120/2022
Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 25.08.2022 IN
W.A.NO.802/2022 PASSED BY THIS HON'BLE COURT
Exhibit P2 TRUE COPY OF G.O(MS)NO.159/2022/H & FWD DATED
29.07.2022 ALONG WITH PROSPECTUS APPENDED TO THE GO.
