rit Petition No 1220 of 1979
Under Article 32 of the Constitution P Govindan Nair and N Sudhakaran for the Petitioner M M Khader and V J Francis for the Respondent
The Judgment of the Court was delivered by KRISHNA IYER J
The petitioner an aspirant for admission to the MBBS course in one or other of the medical college in Kerala has failed to qualify for selection from the Kerala university pool not having secured high enough marks and has failed to fall within the Calicut University pool not having been a student of that University
What is urged as a claim for inclusion is that had she been treated as a Calicut University student her marks would have been sufficient to gain admission and since she belongs to the Malabar region which 830 is broadly served by the Calicut University she should be given the benefit of Calicut University students and consequential admission a mixture of district wise backwardness and university wise preference to reach the desired advantage
We cannot agree
Under the existing scheme the classification for purpose of quota is university wise not territory wise
Belonging to backward Calicut District is not the same as being an alumnus of the Calicut University
Maybe the State could have classified candidates university wise backward region wise or otherwise separately or in any constitutionally permissible combination
We are not here concerned with the prospects of the petitioner under any different admission scheme or reservation project
Mystic maybes are beyond judicial conjecture
Once we hold that the university wise allocation of seats is valid the misfortune of the petitioner is damnum sine injuria if we may use that expression in this context
Every adversity is not an injury
Judicial remedy cannot heal every wound or cure every sore since the discipline of the law keeps courts within its bounds
We do not preclude the State from taking any other pragmatic formula or evolving any selection calculus constitutionally permissible so as to promote equality against the backdrop of social justice
Indeed we have by our Judgment in Dr Jagadish Saran  Ors
vs Union of India  Ors1 explained the parameters the criteria and the correct measures which must be initiated to marry equality to excellence solemnised constitutionally
Too long has the state been seeking ad hoc solutions and improvising remedies where comprehensive studies and enduring recipes are the desideratum
To keep the education situation uncertain across the nation and the fate of students of higher education tense or in suspense with annual challenge in court or agitational exercises in the streets is dangerous procrastination fraught with negative results where a creative undertaking of responsibility to find an enduring answer to a chronic problem is the minimum that the country expects of the concerned State instrumentality
We dismiss this petition subject to the observations we have made above leaving it to the Kerala State and its Universities not to contribute to the litigative nursery of medical candidates but to face the task of shaping a firm policy governed by constitutional guidelines not other pressures
SR Petition dismissed


Summary:
Dismissing the Writ Petition the Court  HELD The University wise allocation of seats is valid
Under the existing scheme the classification for purposes of quota is university wise not territory wise
Belonging to backward Calicut District is not the same as being an alumnus of the Calicut University
May be the State could have classified candidates University wise backward region wise or otherwise separately or in any constitutionally permissible combination
Mystic maybes are beyond judicial conjecture
The misfortune of the petitioner is damnum sine injuria
Every adversity is not an injury
Judicial remedy cannot heal every wound or cure every sore since the discipline of the law keeps courts within its bounds
830 A D Dr Jagdish Saran  Ors
vs Union of India  Ors
 relied on Observation Too long has the State been seeking ad hoc solutions and improvising remedies where comprehensive studies and enduring recipes are the desideratum
To keep the education situation uncertain across the national and the fate of students of higher education tense or in suspense with annual challenges in court or agitational exercises in the streets is dangerous procrastination fraught with negative results where a creative undertaking of responsibility to find an enduring answer to a chronic problem is the minimum that the country expects of the concerned State instrumentality 830 E G