Kerala High Court
Anju P vs State Of Kerala
Author: P.R. Ramachandra Menon
Bench: P.R.Ramachandra Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
MONDAY, THE 2ND DAY OF SEPTEMBER 2013/11TH BHADRA, 1935
WP(C).No. 18255 of 2013 (F)
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PETITIONER :
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ANJU P
SOPANAM, M.M. STREET ROAD, KOYILANDY P.O
KOZHIKODE - 673305
BY ADV. SRI.KALEESWARAM RAJ
RESPONDENT(S):
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1. STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT
DEPARTMENT OF HEALTH & FAMILY WELFARE, SECRETARIAT
THIRUVANANTHAPURAM - 695001
2. THE COMMISSIONER OF ENTRANCE EXAMINATIONS,
VTH FLOOR, HOUSING BOARD BUILDINGS, SANTHI NAGAR
THIRUVANANTHAPURAM - 695001
3. SOBITHA .G,
FLAT NO B2, SIXTH FLOOR, AMBADY APARTMENTS
WARRIAM ROAD, KOCHI - 682016
4. ARCHANA GOPALAKRISHNAN,
KALATHIL HOUSE, PATTANAKKAD P.O., CHERTHALA
ALAPPUZHA DISTRICT - 688001
5. THE PRINCIPAL,
GOVERNMENT DENTAL COLLEGE, KOTTAYAM - 686001
6. THE PRINCIPAL,
GOVERNMENT DENTAL COLLEGE, KOZHIKODE - 673001
*ADDL. R7 TO R9 IMPLEADED
*7. CHARU DEV J.J.,
S/O. D. JAYARAJAN
'THULASEEVANAM', TC 50/792 (3)
KALADY,KARAMANA P.O.,
THIRUVANANTHAPURAM - 695 002.
...2/-
WP(C).No. 18255 of 2013 (F) -2-
*8. MUHASIN T.P.,
S/O. MUHAMMED KOYA T.P.,
'FATHIMA MANZIL', KURIYEDATH PARAMBU
NALLUR, FEROKE, KOZHIKODE - 673 631.
*9. AYSWARYA T.,
D/O. MOHANDAS T.,
'ANJANAM', VANIYAMKULAM P.O.,
MALAPPURAM DISTRICT - 679 339.
*ADDL. R7 TO R9 ARE IMPLEADED AS PER ORDER IN IA NO. 10979/2013
DATED 13/8/23013.
R1, R2, R5 & R6 BY GOVT. PLEADER SRI. ROSHAN D. ALEXANDER
R3 BY SENIOR ADVOCATE SRI.O.V.RADHAKRISHNAN
BY ADVS. SMT.K.RADHAMANI AMMA
SRI.ANTONY MUKKATH
R4 BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY
SMT.N.SANTHA
SRI.K.A.BALAN
SRI.PETER JOSE CHRISTO
SRI.S.A.ANAND
SMT.L.AMMU PILLAI
R7 BY ADV. SRI.ANIL K.NARENDRAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 02-09-2013, ALONG WITH WP(C) NO. 19359/2013, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
Mn
...3/-
WP(C).No. 18255 of 2013 (F)
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APPENDIX
PETITIONERS' EXHIBITS :
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EXHIBIT P1 TRUE COPY OF THE ADMIT CARD OF THE PETITIONER FOR
NEET 2013.
EXHIBIT P2 TRUE COPY OF THE RANK LETTER FOR NEET MDS 2013.
EXHIBIT P3 TRUE COPY OF THE PROSPECTUS ALONG WITH G.O (RT)
NO.1666/2013 DATED 16-05-2013.
EXHIBIT P4 TRUE COPY OF THE APPLICATIONS DATED 01-06-2013 SUBMITTED BY
THE PETITIONER.
EXHIBIT P5 TRUE COPY OF THE REVISED MERIT LIST FOR ALLOTMENT/
ADMISSION TO POST GRADUATE COURTS IN DENTAL SURGERY
(MDS) 2013.
EXHIBIT P6 TRUE COPY OF THE REVISED CATEGORY COMMUNITY WISE LIST.
EXHIBIT P7 TRUE COPY OF G.O (RT) NO 2462/2013 DATED 09-07-2013.
EXHIBIT P8 TRUE COPY OF THE ADMIT CARD FOR ALLOTMENT ISSUED TO THE
PETITIONER.
EXHIBIT P9 TRUE COPY OF THE PETITIONER'S OBJECTION DATED 20-07-2013
TOGETHER WITH ENDORSEMENT BY THE 2ND REPSONDENT.
EXHIBIT P10 TRUE COPY OF THE G.O (RT) NO. 2515/2013 DATED 12-07-2013.
RESPONDENT(S)' EXHIBITS :
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EXT. R3(a) PHOTOCOPY OF THE ADMIT CARD FOR NATIONAL ELIGIBILITY CUM
ENTRANCE TEST (NEET) MDS.
EXT. R3(b) PHOTOCOPY OF THE LETTER ISSUED TO 3RD RESPONDENT RANK
OBTAINED IN NEET MDS - 2013.
EXT. R3(c) PHOTOCOPY OF THE NON-CREAMY LAYER CERTIFICATE NO. 1431/13
DATED 18-7-2013 ISSUED BY THE VILLAGE OFFICER, PARAVUR.
EXT. R3(d) PHOTOCOPY OF THE APPLICATION DATED 31-5-2013 OF THE 3RD
RESPONDENT.
EXT. R3(e) PHOTOCOPY OF THE ADMIT CARD ISSUED TO THE 3RD RESPONDENT.
EXT. R3(f) PHOTOCOPY OF THE KERALA STATE MERIT LIST AND
CATEGORY/COMMUNITY WISE LIST ALONGWITH THE COVERING
LETTER DATED 11-7-2013.
EXT. R3(g) PHOTOCOPY OF THE SELECTION MEMO DATED 20-7-2013 FOR THE
COURSE-ORAL AND MAXILLOFACIAL SURGERY,GOVERNMENT
DENTAL COLLEGE, KOTTAYAM.
(Contd...)
WP(C).No. 18255 of 2013 (F)
EXT. R3(h) PHOTOCOPY OF THE ADMISSION MEMO ISSUED TO THE 3RD
RESPONDENT DATED 22-7-2013.
EXT. R3(i) PHOTOCOPY OF THE FEE RECEIPT NO. 1840 DATED 22-7-2013.
EXT. R7(a) COPY OF LIST DATED 21.7.2013 OF THE CANDIDATES ALLOTTED TO
MDS COURSE 2013, IN THE 1ST ALLOTMENT HELD ON 20.7.2013.
EXT. R7(b) COPY OF LIST DATED NIL, CONTAINING THE NAME OF 32 CANDIDATES
WHO HAVE NOT TAKEN ANY ALLOTMENT IN THE 1ST COUNSELING
HELD ON 20.7.2013.
EXT. R7(c) COPY OF G.O.(RT) NO. 2685/2013/H & FWD DATED 25.7.2013 ISSUED
REGARDING SPOT ADMISSION TO VACANT SEATS FOR MDS COURSE.
EXT. R7(d) COPY OF NOTIFICATION DATED 27.7.2013 ISSUED BY THE DME,
KERALA ALONG WITH THE LIST ANNEXED THERETO.
EXT. R7(e) COPY OF G.O.(RT) NO. 2738/13/H & FWD DATED 29.7.2013.
//TRUE COPY//
P.A. TO JUDGE
Mn
P.R. RAMACHANDRA MENON, J.
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W.P.(C). Nos. 18255 & 19359 of 2013
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Dated this the 2nd day of September, 2013
JUDGMENT
The petitioner in W.P.(C).No. 18255 of 2013 has approached this Court with the following prayers:
"i) To issue a writ of certiorari quashing the endorsement in Ext.P9 made by the 2nd respondent that "the allotment has been done as per the provisions in the prospectus" is erroneous, illegal, arbitrary and unsustainable;
ii) To declare that the refusal to allot one seat of MDS (Oral & Maxillofacial Surgery) to the petitioner by the respondents 1 and 2 is incorrect, illegal, arbitrary and unsustainable.
iii) To declare that allotment of 2 seats to the candidates belonging to Ezhava community i.e., respondents 3 and 4 is unjust, illegal and violative of clause VI, 1.4 and 1.4.1 of Ext.P3 prospectus.
iv) To issue a writ of mandamus directing the respondents 1 and 2 to allot one seat for MDS (Oral & Maxillofacial Surgery) in Government Dental College, Kottayam to the petitioner or if it is not possible for any reason, in the alternative, to allot to the petitioner one seat for MDS in any other specialty, in any of the Government Dental Colleges in Kerala State.
v. To declare that respondent No.4 is not eligible to get an allotment for admission of MDS Course in any of the Government Dental Colleges in Kerala State on the basis of Clause VI 1.4 and 1.4.1 of Ext.P3 prospectus."
2. Two interim orders came to be passed by this Court on 23.07.2013 and 30.07.2013 in the following terms: W.P.C. Nos. 18255 & 19359 of 2013 -2-
23.07.2013:
"Admit. Learned Government Pleader takes notice on behalf of the respondents 1, 2, 5 and 6. Urgent notice by special messenger to the respondents 3 and 4.
In view of the submission made by the learned counsel for the petitioner with reference to Clause 1.4, VII.1.4. and 1.4.1 of Ext.P3 prospectus and the allocation of seats on rotation now effected by the concerned respondents and the explanation sought to be offered by the learned Government Pleader on behalf of the respondents,this Court finds it fit and proper to direct the respondents 1 and 2 to keep one seat for MDS vacant in any of the Govt. Dental Colleges in Kerala, if resulted by virtue of the non- filling up of the vacancies in the All India quota necessitating spot allotment proposed to be held on 26.07.2013.
Respondents are directed to file counter affidavit, if any. Post on 29.07.2013."
30.07.2013:
"As per the interim order dated 23.7.2013, this Court directed the respondents 1 and 2 to keep one seat for MDS vacant in any of the Government Dental Colleges in Kerala, if resulted by virtue of the non-filling up of the vacancies in the All India quota, necessitating spot allotment proposed to be held on 26.7.2013. No such vacancy has arisen till date. However, it is stated that, another vacancy which was not anticipated in the State Government quota W.P.C. Nos. 18255 & 19359 of 2013 -3- has now arisen and that the same is remaining unfilled.
2. The learned counsel for the petitioner seeks for a modification of the order, so as to cause the case of the petitioner to be considered provisionally against the said vacancy.
3. Heard the learned Government Pleader as well.
4. Considering the fact that the allotment is to come to an end by tomorrow and in view of the prima facie better claim and credentials of the petitioner to be appointed in preference to respondents 3 and 4, this Court finds it fit and proper to modify the interim order dated 23.07.2013 and the respondents 1 and 2 are directed to admit the petitioner provisionally against the vacancy, if any in the State Government quota, which shall be strictly provisional and subject to the result of the writ petition. It is also made clear that, in view of the modification of order dated 23.7.2013, if any subsequent vacancy arises in the All India quota, the concerned respondents will be free to proceed with further steps, so as to cause the same to be filled up in accordance with law."
3. The prayers in W.P.(C).No. 19359 of 2013 are as follows:
"i. Call for the records leading to Ext.P11 notification issued by the 2nd respondent and issue writ of certiorari or any other appropriate writ, order or direction quashing the same, to the extent of excluding the students who have already joined in the W.P.C. Nos. 18255 & 19359 of 2013 -4- Government Dental Colleges as well as those who had opted out during the 1st allotment process held on 20.07.2013, from the purview of further allotment or spot allotment, for filling up any of the vacancies for Post Graduate Courses in Dental Surgery (MDS)-2013, arising in any of the Dental Colleges in Kerala, after the 1st allotment process held on 20.07.2013.
ii) Declare that, any further allotment or spot allotment conducted by respondents 1 to 3, for filling up any of the vacancies for Post Graduate Courses in Dental Surgery (MDS)-2013, arising in any of the Dental Colleges in Kerala, after the 1st allotment process held on 20.7.2013, by excluding the students who have already joined in the Government Dental Colleges as well as those who had opted out during the 1st allotment process held on 20.7.2013, is per se arbitrary, patently illegal and unconstitutional.
iii) Declare that, the 4th respondent does not have any legal right to get allotment to any seat for Post Graduate Courses in Dental Surgery (MDS)-2013, under General Merit, in any of the Government Dental Colleges in Kerala, overlooking the superior right of the petitioners, who are having much higher ranks than her in NEET (MDS)-2013.
iv) Issue a writ of mandamus or any other appropriate writ, order or direction, commanding respondents 1 to 3 to fill up the vacancies including the General Merit Vacancy for MDS in Periodontics in the Government Dental Colleges, Kottayam, and also the vacancies that may arise once seats are reverted back to the State Quota from the All India Quota, by the candidates included in Ext.P2 list, without excluding the W.P.C. Nos. 18255 & 19359 of 2013 -5- students who have already joined in the Government Dental Colleges as well as those who had opted out during the 1st allotment process held on 20.07.2013, forthwith.
v. Issue a writ of mandamus or any other appropriate writ, order or direction, commanding respondents 1 to 3 to admit the petitioners for MDS course in any of the vacancies including the General Merit Vacancy for MDS in Periodontics in the Government Dental College, Kottayam, or in the vacancies that may arise once seats are reverted back to the State Quota from the All India Quota, based on their ranking in Ext.P2 revised Provisional Merit List."
4. When the matters came up for consideration before this Court on the last occasion, it was submitted by the learned Government Pleader that, in view of the extension of time to complete the process of allotment and admission as ordered by the Apex Court, including by way of further round of allotment which was going on, there was a chance to have the grievance of all concerned to be settled.
5. Today, when the matters are taken up for further consideration, the learned Government Pleader submits that, appropriate orders have been passed, regularizing the selection and admission given to the parties in W.P.(C).No. 18255 of 2013 W.P.C. Nos. 18255 & 19359 of 2013 -6- classifying and identifying the concerned vacancies against the concerned quota and making necessary correction as to the nature of the allotment. As a natural consequence, the petitioners in W.P.(C).No. 19359 of 2013 are also taken care of and they have secured admission against proper slots, permitting them to exercise higher option, based on their rank.
The learned counsel for the parties concedes the factual position as above and points out that, no further grievance subsists now. The submissions are recorded and both the matters are disposed of.
P.R. RAMACHANDRA MENON, JUDGE.
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