Dr.Anil Kumar K vs The Director Of Medical Education, ...
2024 Latest Caselaw 5165 Ker

Kerala High Court

Dr.Anil Kumar K vs The Director Of Medical Education, ... on 15 February, 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
 THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
                   WP(C) NO. 8628 OF 2015


PETITIONER:

         DR.ANIL KUMAR K
         AGED 42 YEARS
         LECTURER IN GENERAL SURGERY,
         MEDICAL COLLEGE, ALAPPUZHA.
         BY ADVS.
         SRI.R.PARTHASARATHY
         SMT.SEEMA

RESPONDENTS:

    1     THE DIRECTOR OF MEDICAL EDUCATION,
          THIRUVANANTHAPURAM
          PIN - 695 001.
    2     THE COMMISSIONER FOR ENTRANCE EXAMINATIONS
          P.G.MEDICAL EXAMINATION, HOUSING BOARD BUILDINGS,
          SANTHI NAGAR, THIRUVANANTHAPURAM - 695 001.
    3     THE STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          HEALTH & FAMILY DEPARTMENT,
          THIRUVANANTHAPURAM-695001.
OTHER PRESENT:

          SRI BS SYAMANTAK, GP


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C).No.8628/2015

                                      2




                      P.V.KUNHIKRISHNAN, J.
                       --------------------------------
                       W.P.(C).No.8628 of 2015
                ----------------------------------------------
             Dated this the 15th day of February, 2024


                              JUDGMENT

This writ petition is filed with following prayers:

i. issue a writ of mandamus directing the 2 nd respondent to accept Exhibit P4 caste certificate produced by the petitioner and give admission in the Medical PG Degree Course against the seat reserved for SC Community.

ii. issue a writ of mandamus directing the 2 nd respondent to consider and pass orders on Exhibit P-5 representation.

iii. issue a writ of mandamus directing the 1st respondent to consider and pass orders on Exhibit P-6 representation.

iv. issue such other writ or direction as this Honourable Court may deem fit and proper in the facts and circumstances of the case.

(SIC)

2. When this writ petition came up for consideration

on 19.03.2015, this Court passed the following order.

"Admit. The learned Special Government Pleader takes notice on behalf of respondents 1 to 3.

2. The learned counsel for the petitioner points out that since the minimum level of cut off marks to have qualified in the entrance test was the same (40%) for the service quota candidates as well as the SC/ST candidates, the petitioner, a member of the SC community did not mention separately in the application as to the eligibility to have reservation under the SC category and no certificate was produced along with the application submitted in response to the prospectus published on 15.12.2014. Later, by virtue of G.O(Rt) No.517/2015/H&FWD dated 3.2.2015, the norm was changed, whereby, the cut off mark in respect of the service quota candidate came to be enhanced to 50%, with reference to the verdict passed by the Apex Court on 12.1.2015. On declaration of the result, the petitioner has obtained more than 40%. But in view of the enhancement of the cut off standard, the petitioner's claim may not be considered under the service quota. Still, he has became eligible to be considered under the SC quota, for which production of caste certificate is necessary. This in turn has now been procured and produced by the petitioner and the prayer is to cause the same to be considered. It is also added that, there is no other eligible SC candidate to be considered for the benefit as aforesaid. After hearing both the sides and considering the particular facts and circumstances, there will be an

interim order directing the second respondent to permit the petitioner to produce the caste certificate within three days, to accept the same and to consider his candidature under the Scheduled Caste category, if there is no other better merited candidate."

3. In the light of the above order, no further direction

is necessary.

Recording the order dated 19.03.2015, this writ petition

is disposed of.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE

APPENDIX OF WP(C) 8628/2015

PETITIONER EXHIBITS EXT.P1: TRUE COPY OF THE PROSPECTUS FOR THE PG EXAMINATION 2015 ISUED BY THE GOVERNMENT OF KERALA DATED 15/12/2014. EXT.P2: TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER. EXT.P3: TRUE COPY OF THE GOVERNMENT ORDER DATED 03/02/2015 AMENDING THE PROSPECTUS.

EXT.P4: TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE THASILDAR, KARUNGAPPALLY DATED 09/03/2015. EXT.P5: TRUE COPY OF THE REPRESENTATION DATED 12/03/2015.

EXT.P6: TRUE COPY OF THE REPRESENTATION DATED 14/03/2015 SUBMITTED BEFORE THE DIRECTOR OF MEDICAL EXAMINATION.