Indian Kanoon - Search engine for Indian Law

Back to the facts. The Kerala State runs three medical colleges with post-graduate degree and diploma courses in two of its universities Trivandrum and Calicut. The selection is made from among candidates guided by the prospectus issued in this behalf and the Selection Committee makes the selection, the principal of the Medical College, Trivandrum, being the convener hereof. A notification inviting applications was published in the Gazette dated 27- 2-1979 wherein the last date for receipt of applications was set down as March, 31, 1979. Candidates were considered on the basis of their merit, but the concept of merit was broadened in such manner that marks were allotted for various attributes including military service, membership of the Scheduled Castes and Tribes, and, were relevant to the point raised in the present case, holding of medical diploma. One of the post-graduate courses offered by two of the colleges is in ophthalmology and we are concerned directly with the competitive claims among the candidates for this course only. Right at the outset, we wish to make it clear that we confined ourselves to the comparative merits of the candidates for the post graduate degree course in Ophthalmology and do not wish to disturb any other course lest there should be upsets beyond what we intend.

Articles 14 and 15 do not recognise state frontiers or the cult of 'the sons of the soil', if we may speak generally and over-simplistically. The necessary implication of the constitutional mandate is that every basic degree- holder who fills the bill can apply for admission for post- graduate courses. But the Kerala State, in its wisdom, provided a niggardly quota of 2% of the total number of seats for candidates from the entire country minus Kerala- not a catholic approach informed by nationalist generosity, if we may say so with some trepedition. By way of aside we may observe that other States, observed with provincial impulses, are equally parsimonious is no validation of a violation of law, if it be so. Anyway, the prospectus provided that "instead of open competition, 2% of the seats under general merit are set apart for candidates coming from out side Universities other than Kerala and Calicut."

"The selection of candidates will be made according to G.O. Ms. 280/76/HD dated 14-7-1976 as modified from time to time which shall be deemed to have incorporated ibid"

(This power to modify is not arbitrary and can be exercised only reasonably). Apparently in exercise of this power and making a realistic appraisal of the examination-situation in the Calicut and Kerala universities, the Special Secretary to Government issued a communication to the Selection Committee, the operative portion whereof has relevance to the discussion that is to follow:

In this dilemma, we consider that while the observations in Periakaruppan's case (supra) are entitled to great weight, it is conceivable that Dr. Naomi who has out- distanced the other two in marks and is desirous of joining the post-graduates course might have been prevented by indigence from litigating for her right. Such a bright student who has much more merit than the other two should not suffer for the sole reason that she has not come to court. This ground does not operate in favour of Dr. Joggy Joseph who has a slight edge over Dr. Gopalakrishnan and is in general practice, not in ophthalmology, nor has he chosen to challenge the selection, in short, while we should be guided by the observations in Periakaruppan's case (supra) we are reluctant to overlook the superior claim of Dr. Naomi. While transfixed between these two candidates-Dr. Naomi and Dr. Gopalakrishnan-for the one seat that is available, we were given to understand by Shri Abdul Khadar appearing for the State that very probably there will be facilities enough in the Medical College, Trivandrum and Medical College, Calicut to accommodate one extra candidate in the ophthalmology course if it were to be confined to this year as a special case. The only other agency which has a voice in this matter is the Indian Medical Council which is a party before us but even after repeated notices has not indicated its willingness to appear. We think that a practical course which will meet the ends of justice, following the reasoning in Pariakaruppan's case (supra) and the realistic approach made in State of Kerala v. Kumari T.P. Roshana and Anr. will be to direct the Principals of the two medical colleges, viz., Trivandrum and Calicut together to accommodate two more candidates in the postgraduate degree course in ophthalmology for this year.