Kerala High Court
Dr. Jaydev vs State Of Kerala on 22 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946
WP(C) NO. 17057 OF 2012
PETITIONER:
DR. JAYADEV K., AGED 26 YEARS
S/O.CHANDRASEKHARAN, POURNAMI, PILICODE P.O.,
KARAPATH, KASARAGOD DIST-671353.
BY ADVS.
SRI.U.BALAGANGADHARAN
SRI.G.GIREESH
RESPONDENTS:
1 STATE OF KERALA,
REP.BY THE SECRETARY HEALTH AND FAMILY WELFARE
THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF MEDICAL EDUCATION,
DIRECTORATE OF MEDICAL EDUCATION MEDICAL COLLEGE
P.O., THIRUVANANTHAPURAM-695001.
3 THE PRINCIPAL,
GOVT. MEDICAL COLLEGE, KOTTAYAM.
4 THE PRINCIPAL,
ACADEMY OF MEDICAL SCIENCES, PARIYARAM,
KANNUR-670503.
5 SHRI.V.SARATH, VISWAVIHAR,
KOORATTIKADU, MANNAR P.O., ALAPPUZHA DIST.
6 THE COMMISSIONER OF COMMON ENTRANCE EXAMINATIONS
SANTHI NAGAR, THIRUVANANTHAPURAM-1.
BY ADVS.
GOVERNMENT PLEADER
SMT.ASHA ELIZABETH MATHEW
OTHER PRESENT:
SMT. K.M. RASHMI, GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
W.P.(C) No.17057 of 2012
HARISANKAR V. MENON, J.
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W.P.(C) No.17057 of 2012
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Dated this the 22nd day of May, 2024
JUDGMENT
The petitioner had applied for the Post Graduate
Degree/Diploma (Orthopaedics) 2012 admissions. In the common
entrance examination, the petitioner stood at rank 628 and the party
respondent - 5th respondent, stood at 660. Since the petitioner did
not get admission in the Government Medical College in
Government Quota during the first allotment, the petitioner joined
the 4th respondent self-financing medical college, as evidenced by
Ext. P3 dated 04.07.2012. It is the case of the petitioner that,
pursuant to the subsequent notification at Ext. P6 dated 09.07.2012,
there were vacant seats in the Government college and the
petitioner was eligible for getting accommodated. Therefore, as
stated in Ext. P6 notification, the petitioner obtained a No Objection
Certificate (NOC) dated 09.07.2012 from the 4th respondent college,
where he was admitted and attended the spot allotment on
12.07.2012. However, since the petitioner was not admitted to the
3rd respondent college to which he had sought admission, the
petitioner submitted the letter at Ext. P8 dated 12.07.2012 seeking
for explanations in that regard. In reply to the same, the petitioner
received Ext. P9 dated 12.07.2012 issued by the second respondent
herein, stating that the 4th respondent has informed that the said
institution is not interested to allow any government allocation of
seats after 5 p.m. on 09.07.2012 as specified in GO(Rt)
No.2183/12/H&FWD dated 02.07.2012. The petitioner has
challenged the said proceedings by filing the present writ petition.
The first and second respondents originally filed a statement dated
19.09.2012 producing Annexures I and II. Annexure I is a notification
dated 10.07.2012, which according to the Government disentitles
the petitioner from making any claim for admission to the PG course.
Annexure II is a Government Order dated 02.07.2012, which is
referred to in Ext. P9; as per which the last date for admission to
Government merit seats in self-financing colleges was prescribed.
2. In such circumstances, the petitioner has amended the
present writ petition by producing Annexures I and II as Exts.P10
and P11. The prayers raised in the amended writ petition reads as
under:-
"1. Writ in the nature of certiorari to set aside Ext.P.9 after
calling for the records leading to it.
1(A) Writ in the nature of certiorari to set aside Ext.P.10 and
Ext.P.11 are unconscionable and arbitrary;
1(B) Writ in the nature of mandamus commanding the 2nd
respondent to transfer the petitioner from 4th respondent
College to the 3rd respondent college in place of 5th
respondent with retrospective effect and refund to the
petitioner the excess amount of fee paid by him;
1(C) Writ in the nature of mandamus commanding the 2nd
respondent to permit the petitioner to continue at 4th
respondent College, however, on payment of Govt. rate
of fee and on refund of fee already paid at higher rate so
far.
2. Writ in the nature of mandamus commanding the 2nd
respondent to consider admitting the petitioner in 3rd
respondent College for Diploma in Orthopaedics for
2012 in place of 5th respondent.
3. Writ in the nature of mandamus commanding the 2nd
respondent to consider cancelling the admission given
to the 5th respondent to accommodate the petitioner.
4. Declare that the second respondent is liable to admit the
petitioner for Diploma orthpaedics in 3rd respondent
college for 2012 in place of 5th respondent and further
the petitioner is entitled to be admitted in 3rd respondent
college for Diploma in Orthopaedics for 2012;
5. Such other reliefs that the Hon'ble Court deem fit and
proper in the facts and circumstances of the case.
6. Award cost of this petition."
3. A counter affidavit is filed on behalf of the 5th respondent,
in the matter. In the said counter affidavit, the 5th respondent also
pressed his claim on the basis of Exts. P10 and P11, originally
produced by the Government.
4. I have heard the learned counsel appearing for the
petitioner, the learned Government Pleader appearing for
respondents 1, 2, 3 and 6 as well as the learned counsel
representing the 5th respondent.
5. The submission made on behalf of the petitioner is that
the petitioner had raised his claim for admission to the Post Graduate
course on the basis of the notification at Ext. P6., which was issued
on 09.07.2012. The subsequent Government Orders are Exts. P10
and P11. Exts. P10, issued by the Director of Medical Education is
dated 10.07.2012 and any change made in the criteria for admission
after the original notification cannot have any legal sanctity. The
petitioner also challenges Ext. P11 dated 02.07.2012 by contending
that the same is not reflected in or referred to in Ext. P6. The learned
Government Pleader refers to Exts. P10 and P11 and submits that in
so far as the spot admission, pursuant Ext. P6 was on 12.07.2012,
the same is to be governed by the norms as amended by Exts. P10
and P11. The learned counsel for the 5th respondent also relies on
Ext. P11 to contend that by virtue of Ext. P11 dated 02.07.2012,
there cannot be any admission to self-financing medical colleges in
the Government Quota. He also pointed out that Ext. P11
Government Order specifically states that after 5 p.m. on
09.07.2012, there cannot be any admission effected to the self-
financing medical colleges in the Government merit quota seat.
6. I have considered the submissions made by the learned
counsel for the petitioner, the learned Government Pleader and the
learned counsel for the 5th respondent.
7. It is true that the petitioner sought admission to the Post
Graduate degree course pursuant to Ext. P6 notification dated
09.07.2012. In Ext. P6 notification, it is true that all candidates
finding a place in the rank list published by the Commissioner of
Entrance Examinations were entitled to attend the counselling. It was
only that the candidate who had already joined another college had
to obtain an NOC. It is on that basis that the petitioner obtained the
NOC at Ext. P7 dated 09.07.2012. However, it is to be noticed that
on the date of issuance of the NOC on 09.07.2012, the Government
Order at Ext. P11 dated 02.07.2012 was already issued. In the said
Government Order it is clearly laid down as under:-
"Government have examined the case and are pleased
to order that the last date for admission to PG Degree/Diplorna
to Government Merit Quota seats in Seif Financing Medical
Colleges will bé 09.07.2012. The students who are allotted to
Government Merit Quota seats in Self Financing Medical
Colleges will report before the Principal of the institution
concerned before 5 PM on 09.07.2012. The Government Merit
Quota seats still remaining vacant after the above cut off cate
shall be filled by the Managements concerned as Management
Quota seats."
A perusal of Ext. P11 makes it clear that the last date for admission
to PG Degree/Diploma in the Government merit quota as far as self-
financing medical colleges are concerned, will be on 09.07.2012.
The Government Order has also specifically pointed out that on
09.07.2012 itself, the claim for the Government merit quota seats in
the self-financing medical colleges has to be made by 5 p.m. The
Government merit quota seats, which remain vacant thereafter, can
be filled up by the managements, as management quota seats. In
the light of Ext. P11, the NOC issued at Ext.P7 cannot have any
validity. It is true that the petitioner was permitted to participate in
the counselling on 12.17.2012 on the basis of the NOC. However,
even the counselling was carried out on 12.07.2012. Prior to that
Ext. P10 was issued on 10.07.2012 clarifying that candidates who
had already joined self-financing medical colleges would not be
eligible for attending the counselling. It is to be noticed that the last
date for admission in Government merit quota seats in self-financing
medical colleges was prescribed as early as on 02.07.2012. The
said condition appears to have been omitted in Ext .P6. It is only
this omission, which was clarified through Ext.P10. The learned
counsel for the petitioner has specifically raised a contention that
once Ext. P7 is issued on 09.07.2012, the conditions therein cannot
be modified subsequently. In my considered opinion, but for Ext.
P11 Government Order dated 02.07.2012, the said contention
would have been attractive. In such circumstances, the said
contention raised by the learned counsel for the petitioner is only to
be recorded and rejected.
8. On the whole, I do not find any illegality in Ext. P9, issued
by the 2nd respondent. The challenge raised against Exts. P10 and
P11 Government Orders are also be turned down for the reasons
stated above.
9. Hence I find no merit in this writ petition and the same is
only to be dismissed.
Accordingly, this writ petition fails and will stand dismissed.
Sd/-
HARISANKAR V. MENON, JUDGE
Skk//24.05.2024
APPENDIX OF W.P.(C)No.17057 OF 2012
PETITIONER'S ANNEXURES:
EXHIBIT P1 : TRUE COPY OF CERTIFICATE OF BACHELOR OF MEDICINE
AND SURGERY ISSUED BY THE CALICUT UNIVERSITY
DATED 12.10.2011
EXHIBIT P2 : TRUE COPY OF ADMISSION CARD BEARING ROLL
NO.60197 ISSUED TO THE PETITIONER BY THE 6TH
RESPONDENT
EXHIBIT P3 : TRUE COPY OF MEMO ISSUED BY THE 2ND RESPONDENT
NO.B2/9910/2012/DME DATED 4.7.2012
EXHIBIT P4 : TRUE COPY OF ADMISSION CARD ISSUED TO THE
PETITIONER BY THE 4TH RESPONDENT
EXHIBIT P5 : TRUE COPY OF FEE RECEIPT NO.21042 DATED 6.7.2012
ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER
EXHIBIT P6 : TRUE COPY OF NOTIFICATION NO.B2/9910/2012/DME
DATED 9.7.2012 ISSUED BY THE 2ND RESPONDENT
EXHIBIT P7 : TRUE COPY OF COURSE CERTIFICATE ISSUED BY THE 4TH
RESPONDENT NpBe 2364/12/ACME DATED 9.7.2012
EXHIBIT P8 : TRUE COPY OF THE REQUEST OF THE PETITIONER TO
THE 2ND RESPONDENT DATED 12.7.2012
EXHIBIT P9 : TRUE COPY OF REPY NO.X N Dis
counselling/DME/2012 DATED 12.1.2012 ISSUED BY
THE 2ND RESPONDENT ON THE REVERSE SIDE OF EXT.P8
EXHIBIT P10 : A TRUE COPY OF CIRCULAR NO.B2/9910/2012/DME
DATED 10.07.2012
EXHIBIT P11 : A TRUE COPY OF THE G.O.(RT) 2183/2012/H&FW DATED
2.7.2012
EXHIBIT P12 : TRUE COPY OF THE NOTICE ISSUED BY THE 4TH
RESPONDENT DATED 24.6.2013
EXHIBIT P13 : TRUE COPY OF THE REPLY SUBMITTED BY THE
PETITIONER TO THE 4TH RESPONDENT DATED 20.7.2013
