IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 WP(C).No. 34425 of 2008(W) -------------------------- PETITIONER(S): --------------- RESMITH, T.N. THAYANARAKKOTH, KARIYATHANKAVE,BALUSSERY, KOZHIKODE-673612 BY ADV. SRI.SANTHARAM.P RESPONDENT(S): --------------- 1. PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR, DIRECTORATE OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 3. UNIVERSITY OF CLICUT, THENHIPALAM, REPRESENTED BY ITS REGISTRAR. 4. KERALA UNIVERSITY, THIRUVANANTHAPURAM REPRESENTED BY ITS REGISTRAR. ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. FOR R4 SRI.P.C.SASIDHARAN, SC, CALICUT UTY. FOR R3 GOVERNMENT PLEADER SRI. SUDHA DEVI FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.34425/2008 ------------------------ Dated this the 21th day of January, 2009. JUDGMENT Petitioner is a D.Pharm certificate holder. The prayer in this writ petition is to direct the 2nd respondent to admit students for Second Year B.Pharm from the ranked list for lateral entry during 2007-08 against the vacancies of 2006-07 admission batch. 2. Ext.P2 is the prospectus, from which it is seen that 10% of the seats are reserved for lateral entry of D.Pharm certificate holders. Ext.P7 is a letter issued by the Pharmacy Council of India permitting lateral entry against the vacancies of the first year B. Pharm also. Though Ext.P7 was issued as early as in May, 2008, the Government of Kerala issued Ext.P8 order only on 30.9.2008, granting permission to the Director of Medical Education to admit students from the ranked list for lateral entry , against the vacancies of WP(c).No.34425/08 2 2006-07 admission batch in the second year course, during 2007-08. However, it is on record that students were not admitted on that basis. 3. Petitioner was a candidate in response to Ext.P2 prospectus and was 35th in general ranked list and 9th in the OBC list. According to the petitioner, 24 seats of the first year are lying vacant and that these vacant seats should be filled up, on the basis of Ext.P7 and Ext.P8. It is stated that in spite of the availability of the 24 seats as above, the respondents have not admitted any students under the lateral entry method. It is contended that if admissions were so granted, the petitioner would have got admission for D.Pharm course. 4. A counter affidavit has been filed where Exts.P7 and P8 orders are accepted. However, no satisfactory explanation is forthcoming, explaining the reason as to why 24 vacancies are left unfilled. In my view, when seats are available and candidates are also available there is absolutely no justification for kept the seat vacant. 5. In view of he availability of seats and also in view of the eligibility of the petitioner in terms of Exts.P7 and P8, I am WP(c).No.34425/08 3 inclined to direct that the petitioner shall be admitted to B. Pharm course in the second year batch of 2007-08 under the lateral entry method. 6. At this stage, though the respondents pointed out that the course having already commenced, delay that has occurred and in fact the University also pointed out that the petitioner will be short of attendance to appear for the examination. Since the petitioner was agitating for her rights, the delay cannot defeat her right. Secondly Ext.P8 was issued only on 30.9.2008 and hence petitioner could have claimed admission only then after. Further if any minimum attendance is prescribed, it is up to the petitioner to attend classes either in this year or in the succeeding year and make up the shortage to satisfy the requirement of the regulations made by the University. 7. Be that as it may, the writ petition is disposed of directing the second respondent to admit the petitioner to 2nd year B. Pharm course, under the lateral entry method. WP(c).No.34425/08 4 Petitioner is directed to produce a copy of the judgment before the 2nd respondent who shall immediately pass necessary consequential orders. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.34425/08 5