Kerala High Court
Dr.Arun Preeth. V vs State Of Kerala on 16 July, 2011
Author: P.N.Ravindran
Bench: P.N.Ravindran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN
MONDAY, THE 3RD DAY OF FEBRUARY 2014/14TH MAGHA, 1935
WP(C).No. 2136 of 2014 (N)
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PETITIONER(S):
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DR.ARUN PREETH. V.,
ASSISTANT PROFESSOR,
DEPARTMENT OF PEDIATRIC SURGERY,
MEDICAL COLLEGE, CALICUT.
BY ADV. SRI.R.K.MURALEEDHARAN.
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY PRINCIPAL SECRETARY
TO THE DEPARTMENT OF HEALTH AND FAMILY WELFARE,
THIRUVANANTHAPURAM.
2. THE DIRECTOR OF MEDICAL EDUCATION,
THIRUVANANTHAPURAM.
BY SR. GOVT.PLEADER MR.S. ABDUL SALAM.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03-02-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
rs.
WP(C).No. 2136 of 2014 (N)
APPENDIX
PETITIONER'S EXHIBITS:-
EXT.P-1: TRUE COPY OF THE CERTIFICATE OF REGISTRATION WITH
THE TRAVANCORE COCHIN COUNCIL OF MODERN MEDICINE
DATED 16.07.2011.
EXT.P-1(A): TRUE COPY OF THE PROVISIONAL DEGREE CERTIFICATE OF
MS DEGREE AWARDED BY THE KERALA UNIVERSITY OF HEALTH
SCIENCES DATED 27.07.2013.
EXT.P-2: TRUE COPY OF THE PROCEEDINGS OF 2ND RESPONDENT
DECLARING THE PROBATION OF THE PETITIONER
DATED 04.02.2010.
EXT.P-3: TRUE COPY OF THE RELEVANT PAGE OF THE PROSPECTUS FOR
ADMISSION TO POST GRADUATE SUPER SPECIALITY COURSES
2013-14.
EXT.P-4: TRUE COPY OF THE ADMIT CARD OF THE PETITIONER FOR
APPEARING IN THE ENTRANCE EXAMINATION.
EXT.P-5: TRUE COPY OF THE GOVERNMENT ISSUED G.O(MS) NO.3/2014
DATED 09.01.2014.
EXT.P-6: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE
PETITIONER DATED 29.07.2013 TO THE 1ST RESPONDENT.
EXT.P-7: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE
PETITIONER DATED 29.07.2013 TO THE 2ND RESPONDENT.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.A. TO JUDGE
rs.
P.N.RAVINDRAN, J.
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W.P.(C) No.2136 of 2014
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Dated this the 3rd day of February, 2014
J U D G M E N T
The petitioner, who is a Lecturer in the Medical Education Service and possesses an MBBS degree and MS degree in General Surgery, applied for admission to the Post Graduate Super Specialty Courses, 2013, Kerala pursuant to Ext.P3 prospectus issued by the Directorate of Medical Education. He had applied for admission to the Post Graduate Super Specialty Courses in Surgery, Paediatric Surgery and Gastroenterology Surgery. The petitioner appeared for the entrance examination that was held on 13.7.2013. In the entrance examination he secured 49.867% marks. As per the prospectus, all service quota candidates shall have to appear for and qualify in the entrance examination conducted by the Commissioner for Entrance Examinations, Kerala by securing a minimum of 50% marks. The stipulation for candidates belonging to SC/ST and other backward classes is 40%. It is stipulated that if sufficient number of candidates in the respective categories fail to secure minimum marks as prescribed in the entrance examination held for the academic year 2013-2014 for admission to PG super speciality courses, the State Government in consultation with the Medical Council of India may at its discretion lower the minimum marks required for admission to Post W.P.(C) No.2136/2014 2 Graduate Super Specialty Courses for candidates belonging to respective categories and marks so lowered by the State Government shall be applicable for the said academic year only.
2. The petitioner had, shortly after the result of the entrance examination was published, submitted Exts.P6 and P7 representations before the Secretary to Government, Health and Family Welfare Department and Director of Medical Education requesting them to round off the marks secured by him in the entrance examination as 50%. The said request was not considered. Long after the admissions were closed and the classes commenced, the instant writ petition was filed on 21.1.2014 seeking a direction to the respondents to consider and pass orders on Exts.P6 and P7 representations submitted by the petitioner within a time limit to be fixed by this Court. The principal contention raised in the writ petition is that there was failure on the part of the respondents in considering the petitioner's request and thereby his right under Article 14 of the Constitution of India has been violated. Yet another contention raised is that the State Government ought to have in consultation with the Medical Council of India reduced the minimum marks so as to enable the State to fill up 5 out of the 15 seats in MCH course in paediatric surgery. Relying on the decision of the Apex Court in State of UP and Another v. Pawan Kumar Tiwari and Others (2005 (2) SCC 10) it is contended that the W.P.(C) No.2136/2014 3 respondents ought to have rounded off the marks secured by the petitioner to 50%.
3. The second respondent has filed a statement dated 25.1.2014. It is stated that though the State Government had requested the Central Government and the Medical Council of India to lower the minimum marks in respect of service quota candidates for admission to Post Graduate Super Specialty Courses in view of the fact that large number of seats were lying vacant, that request was rejected and the decision communicated to the Government by letter dated 3.9.2013. As regards the petitioner's contention that 49.867% could have been rounded off to 50% marks it is contended that it will amount to violation of the terms of the prospectus, the Medical Council of India regulations and will cause serious prejudice to other similarly placed candidates who were not given admission.
4. I heard Sri.R.K.Muralidharan, learned counsel appearing for the petitioner and Smt.Anita Ravindran, learned Senior Government appearing for the respondents. I have also gone through the pleadings and the materials on record. The fact that the admission to the super speciality courses was closed by 30.9.2013 and the classes had commenced on 1st August, 2013 is not in dispute. Though the Government had moved the Medical Council and the Central Government to lower the marks, that request was rejected by letter W.P.(C) No.2136/2014 4 dated 3.9.2013. The petitioner did not move this Court before the classes commenced or the admissions were closed. He moved this Court only on 20.1.2014 nearly four months after the course commenced and the request made by the State Government to lower the marks was rejected by the Medical Council of India. As a matter of fact, the petitioner did not move the Government with a request to lower the minimum marks prescribed for service quota candidates. His only request was to round off the marks secured by him to 50%. That request was not favourably considered. He ought to have in my opinion moved this Court earlier if he was aggrieved by the rejection and for non consideration of the request in Exts.P6 and P7. Instead, he waited till four months after the classes commenced. In view of the fact that the classes have already commenced and four months have passed thereafter and the Medical Council of India has rejected the State Government's request for permission to lower the minimum qualifying marks, I am of the opinion that no relief can be granted to the petitioner.
The writ petition fails and is accordingly dismissed.
P.N.RAVINDRAN, (JUDGE) vps