Gopakumar K vs The State Of Kerala
2024 Latest Caselaw 10114 Ker

Kerala High Court

Gopakumar K vs The State Of Kerala on 5 April, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
                     WP(C) NO. 20126 OF 2015
PETITIONER:

            GOPAKUMAR K.
            AGED 32 YEARS
            S/O.K.K.GOPINATHAN, KADUVEETTIL HOUSE, MAANNUTHY
            P.O., THRISSUR DISTRICT - 680 651.
            BY ADVS.
            SRI.G.SREEKUMAR (CHELUR)
            SRI.K.R.ARUN KRISHNAN
            SRI.K.ASHIS
            SRI.N.L.BITTO
            SRI.NANDAGOPAL S.KURUP
            SMT.PREETHY KARUNAKARAN
            SRI.SAYED MURTHALA THANGAL
            SRI.K.D.SREEVISAKH
RESPONDENTS:

    1       THE STATE OF KERALA
            REPRSENTED BY THE SECRETARY TO THE GOVERNMENT,
            HEALTH DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM - 695 001.
    2       DIRCTOR
            MEDICAL COUNCIL OF INDIA, NEW DELHI - 110 001.
    3       DIRECTOR
            OFFICE OF THE DIRECTORATE OF MEDICAL EDUCATION,
            THIRUVANANTHAURAM - 695 001.
    4       DIRECTOR
            OFFICE OF THE DIRECTOR OF THE HEALTH SERVICES,
            THIRUVANANTHAPURAM 695 001
            BY ADV SRI.TITUS MANI VETTOM, SC, MEDICAL COUNCIL
            OF INDIA
            SRI.B.S.SYAMANTAK, GP


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   05.04.2024,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.20126 of 2015

                                    2


                 P.V.KUNHIKRISHNAN, J.
         ---------------------------------------------
                W.P.(C) No. 20126 of 2015
     ------------------------------------------------------
           Dated this the 05th day of April, 2024.


                             JUDGMENT

This writ petition is filed seeking the following

reliefs:

"i) Issue a writ of certiorari and thereby quash Clauses 8.1.2, 8.1.3, 8.1.4 of Ext P1 in the interest of justice.

ii) Issue a writ of certiorari and thereby quash rule 4 of procedure for post graduate admission under service quota rules in the interest of justice.

iii) Declare that the petitioner is eligible under service quota (Clause8) in Ext P1.

iv) Issue a writ of Mandamus or any other appropriate writ, order or direction commanding the 3rd respondent to follow merit base while making admissions in every case in view of the dictum laid down by the honourable supreme court of India as per Ext P6 this Hon'ble court in the interest of justice.

v) Issue a writ of Mandamus or any other appropriate writ, order or direction commanding the

3rd respondent to modify rule 4 of procedure for post graduate admission under service quota rules by invoking the powers under rule 11 of the said rules.

AND

vi) To pass any such or further orders as the petitioner may seek and this Hon'ble Court deem fit to grant."[SIC]

2. This Writ petition is filed challenging Ext.P1

prospectus issued for admission to Post Graduate

Super Specialty Courses for the academic year 2015-

16. That itself shows that the prayers in this Writ

petition are infructuous. If there is any fresh cause of

action, the same is left open

Therefore, this Writ petition is dismissed as

infructuous.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DM