IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 WP(C).No. 23639 of 2011(D) -------------------------- PETITIONER(S): ------------------------ DHARMARAJAN.C, S/O. CHELLAPPAN.K, ASSISTANT SURGEON, COMMUNITY HEALTH CENTRE, ATTINGAL, WORKING ARRANGEMENT, WORKING IN TALUK HOSPITAL, NEYYATINKARA,TRIVANDRUM,R/AT SAROVARAM,SRICHITHRA NAGAR,PANGODE, THIRUMALA.P.O, TRIVANDRUM. BY ADV. SRI.B.MOHANLAL SMT.P.S.PREETHA SRI.T.PRASAD SRI.SAIJU S. SRI.S.SHIBU KUMAR RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-1. 2. THE DIRECTOR, HEALTH AND FAMILY WELFARE DEPARTMENT, GENERAL HOSPITAL JUNCTION, STATUE, THIRUVANANTHAPURAM-1. 3. THE DIRECTOR OF MEDICAL EDUCATION, GOVERNMENT OF KERALA, MEDICAL COLLEGE CAMPUS, MEDICAL COLLEGE CAMPUS.P.O, THIRUVANANTHAPURAM - 695 011. 4. THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, SHANTHI NAGAR, THIRUVANANTHAPURAM - 695 039. 5. THE PRINCIPAL, MEDICAL COLLEGE, KOTTAYAM - 686 001. 6. DR. SILJO JOSE, KALATHOOR HOUSE, PONKUNNAM.P.O, KOTTAYAM - 686 506. SR.GOVT.PLEADER SMT.M.J.RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.23639/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE PROSPECTUS OF POST GRADUATE SUPER SPECIALTY COURSE 2011 CARDIOLOGY. EXT.P2: TRUE COPY OF ADMIT CARD NOS.51074 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. EXT.P3: TRUE COPY OF THE MEMO NO.B2/15555/2011/DME DT 25.7.11 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P4: TRUE COPY OF THE ADMISSION CHIT DT 27.7.11 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER. EXT.P5: TRUE COPY OF THE TREATMENT DETAILS OF THE SRI.MANIKANTAN ISSUED FROM MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM. EXT.P6: TRUE COPY OF THE ORDER NO.B2/4721/2011/MCK DT 8.8.11 ISSUED BY THE 5TH RESPONDENT. EXT.P7: TRUE COPY OF THE REPRESENTATION DT 17.8.11 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 23639 OF 2011 ===================== Dated this the 6th day of September, 2011 J U D G M E N T Ext.P4 shows that the petitioner has been selected for admission to PG Superspeciality Course in DM Cardiology under the service quota and he reported at the Government Medical college, Kottayam. Accordingly, the petitioner joined the college. In the writ petition, it is stated that while continuing in the college, he was informed that, from 7/8/11, his brother who was a mentally sick person was missing and therefore he took leave and went for in search of his brother. It is stated that while the petitioner was thus on leave, Ext.P6 was issued by the Principal of the College removing the petitioner and 6th respondent was admitted. It is thereupon the writ petition has been filed seeking to quash Ext.P6 and to direct the respondents to permit the petitioner to complete the course. Ext.P6 reads thus: “Dr.Dharmajan, who has been admitted DM Cardiology course in this college under HSQ (Rank.No.4) has requested for the discontinuation of the seat in this college vide representation cited 1st read”. Since the validity period of the admission for PG Superspeciality courses 2011 has not expired, no liquidated damages need to be paid and no liabilities WPC No. 23639/11 :2 : have not reported from the Head of the Department concerned. In this circumstances, Dr.Dharmarajan is permitted to discontinue his course of studies in DM Cardiology course in this college w.e.f. 8.8.11. The following fees which he had remitted at the time of admission vide receipt No.10510 dtd. 27.7.11 is also released. Caution Deposit Rs.5,000/-” 2. From the first paragraph of this document itself, it is therefore evident that the order was issued based on the request made by the petitioner on 8/8/11 for discontinuing the seat. In other words, petitioner surrendered his seat and it was acting upon such application of the petitioner that Ext.P6 was issued. From this itself therefore it is evident that it is not a case where the petitioner was removed by the Principal, but the petitioner himself opted to go out from the college. 3. Petitioner has a contention that the 6th respondent who has been admitted in his place had not opted for DM Cardiology and that his option was for G.M.Gastroentrology. In my view, once the petitioner chose to discontinue the course, this argument is not available to the petitioner and this Court need consider the WPC No. 23639/11 :3 : said contention if an aggrieved person files a writ petition challenging the allotment to the 6th respondent. 4. I do not find any merit in the writ petition. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp