IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 W.P.(C).No. 760 of 2008(M) --------------------------------- PETITIONER: -------------- SREE NARAYANA GURU MEMORIAL COLLEGE OF PHARMACY, VALAMANGALAM SOUTH-PO, THURAVOOR, ALAPPUZHA DISTRICT, REPRESENTED BY THE MANAGER P.SANAKAN. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH & FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, MEDICAL COLLEGE COMPOUND, THIRUVANANTHAPURAM. BY GOVT. PLEADER, SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 760 OF 2008 M ===================== Dated this the 28th day of January, 2008 J U D G M E N T Petitioner is an institution imparting training in D.Pharm Course. According to the petitioner, there were thirty seats in the merit quota. However the respondents had allotted only 9 students and out of which 8 students joined the college and as at present there are 22 vacancies in the merit quota. Since students were not allotted to fill up these seats, this writ petition has been filed praying for directing the 2nd respondent to allot candidates for admission to the remaining seats in the merit quota for the year 2007-08. 2. Learned Government pleader today on instructions submit that no students are available with the 2nd respondent in the merit/wait list to be allotted to the petitioner's institution and that the respondents are not in a position to allot the students to WPC 760/08 :2 : fill up the remaining 22 vacancies in the merit quota. In the absence of such students, seats cannot be wasted and therefore it is only proper that the management is allowed to fill up those vacant seats. 3. Accordingly, I direct that in view of the inability of the 2nd respondent to allot students to the remaining 22 seats in the merit quota, it will be open to the petitioner to fill up those vacancies. Counsel for the petitioner submits that in order to issue communications to the candidates, 2nd respondent be directed to make available a list of candidates, who have registered with the 2nd respondent for seats in the D.Pharm Course. 4. I heard the learned Government pleader also on this request. 5. Having regard to the submissions made by both sides, I direct that on the petitioner making a request in that behalf, the 2nd respondent shall make available to the petitioner a list of candidates who have registered with them for allotment of the WPC 760/08 :3 : aforesaid course this year. It is directed that on receipt of the request, the 2nd respondent shall furnish the details as above, as expeditiously as possible, at any rate within one week thereafter. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE. Rp