Abhinandlal vs State Of Kerala
2023 Latest Caselaw 9625 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
     THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
                            &
           THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 8TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945
                   WA NO. 1566 OF 2023
  AGAINST THE ORDE IN WP(C) 29256/2023 OF HIGH COURT OF
                         KERALA


APPELLANT/S:
         ABHINANDLALAGED 19 YEARSS/O. B.S. MANIAL, AGED
         19 YEARS, SARASWATHI BHAVAN, NJARACKAL, PERINAD
         (P.O.), KOLLAM., PIN - 691601
         BY ADVS.
         VIVEK NAIR P.
         C.UNNIKRISHNAN (KOLLAM)
         NIDHI BALACHANDRAN
         VIJAYKRISHNAN S. MENON
         UTHARA A.S
         ANANDA PADMANABHAN
         GOUTHAM KRISHNA U.B.
RESPONDENT/S:
    1    STATE OF KERALAREPRESENTED BY IT'S CHIEF
         SECRETARY TO GOVERNMENT, SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695001
    2    THE SECRETARY TO GOVERNMENTDEPARTMENT OF SPORTS
         AND YOUTH AFFAIRS, SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695001
    3    THE SECRETARY TO GOVERNMENTDEPARTMENT OF HEALTH
         AND FAMILY WELFARE (S), SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695001
    4    SECRETARY TO GOVERNMENTDEPARTMENT OF SCHEDULED
         CASTES, SCHEDULED TRIBES AND BACKWARD CLASSES
         AND CULTURAL AFFAIRS, SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695001
    5    THE DIRECTORDIRECTORATE OF SCHEDULED CASTE
         DEVELOPMENT, NANDAVANAM, VIKAS BHAVAN,
         THIRUVANANTHAPURAM, PIN - 695033
    6    KERALA STATE SPORTS COUNCILREPRESENTED BY IT'S
 W.A.No.1566 of 2023


                                   -2-


           SECRETARY, STATUE JUNCTION, THIRUVANATHAPURAM.,
           PIN - 695001
    7      COMMISSIONER OF ENTRANCE EXAMINATION5TH FLOOR,
           KSHB BUILDINGS, THIRUVANATHAPURAM, PIN - 695001
    8      DIRECTOR OF MEDICAL EDUCATIONDIRECTORATE OF
           MEDICAL EDUCATION, MEDICAL COLLEGE (P.O.),
           THIRUVANANTHAPURAM, PIN - 695011
OTHER PRESENT:
         GP P.G.PRAMOD; SC FOR SPORTS COUNCIL LATHA ANAND
        THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
08.09.2023,    THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.A.No.1566 of 2023


                                    -3-



                              JUDGMENT

Dated this the 08th day of September, 2023

A.J.Desai, C.J.

By way of the present appeal filed under

Section 5 of the Kerala High Court Act, 1958, the

original petitioner has challenged the interim

order dated 07/09/2023 in W.P.(C) No.29256 of

2023 by which the learned Single Judge has

refused to direct the 7th respondent to keep one

seat for sports quota vacant during the pendency

of the writ petition. In the writ petition, the

appellant has challenged the Order dated

24.08.2023 issued by the SC/ST Development

Department, Government of Kerala, by which the

Department has refused to keep one seat vacant

under the sports quota.

2. Learned Counsel for the appellant would W.A.No.1566 of 2023

submit that the learned Single Judge ought to

have kept one seat vacant under the sports quota,

since that would not affect the SC/ST candidates

of the institution, namely, the Institute of

Integrated Medical Sciences, Palakkad, which is

established to offer medical education to the

students belonging to SC/ST categories so as to

ensure more opportunities for them in the field

of medical science. He would submit that if one

seat is not kept vacant, the appellant will be

put to irreparable loss and hardship.

3. Learned Government Pleader appearing for

the respondent would submit that the appellant

has no fundamental right to have kept one seat

reserved under the sports quota in the Palakkad

Medical College. The authority has decided not

to grant one seat reserved under sports quota,

keeping in mind particular circumstances under

which the medical institution has been W.A.No.1566 of 2023

established and in particular, the SC/ST

category. He would submit that if one seat is

kept vacant, one meritorious student of general

quota would suffer. He further submits that the

third round of process of admission is in

progress and all seats in the Palakkad Medical

College has been allotted. He would submit that

the learned Single Judge can decide all the

issues at the time of hearing, since the writ

petition is admitted.

Having heard learned Advocates appearing for

the respective parties and having perused the

order impugned in this appeal, we are of the

opinion that all the issues, including

reservation of one seat under the sports quota in

the Palakkad Medical College, can be considered

at the time of hearing of the writ petition and

we do not find any reason to interfere with the

impugned order passed by the learned Single W.A.No.1566 of 2023

Judge. Accordingly, the writ appeal is dismissed.

Sd/-

A.J.Desai Chief Justice

sd/-

V.G.Arun Judge Scl/