IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 W.P.(C).No. 10726 of 2008(B) ----------------------------------- PETITIONER: -------------- RASEENA P.S., PANDIKASALA HOUSE, PONNANI NAGARAM P.O., PONNANI. BY ADV. SRI.NAVEEN.T RESPONDENTS: ----------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE COMMISSIONER OF ENTRANCE EXAMINATION, HOUSING BOARD BUILDING, VTH FLOOR, SANTHI NAGAR, THIRUVANANTHAPURAM -1. BY GOVT. PLEADER, SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 10726 OF 2008 B ==================== Dated this the 8th day of April, 2008 J U D G M E N T The prayer sought in this writ petition is to direct the 2nd respondent to include the petitioner at an appropriate place in Ext.P4 list for admission to Post Graduate Medical Course. 2. Petitioner seeks admission to Post Graduate Medical Course as an in service candidate in the quota known as seniority in service quota. It was in response to Ext.P1, petitioner submitted her application, but however in the application she claimed admission in the Rural Service quota broadly coming under the Health Service quota. She appeared for the Entrance Test and was also included in the rank list, but however when Ext.P4 seniority list was published, her name was not included. 3. Petitioner herself has realized as to why such exclusion has taken place. She confesses her ineligibility to be included in the Rural Service quota to which she has opted. Petitioner however now submits that what she had intended to opt for was seniority in service quota and that if she was treated as having opted for that quota, she ought to have been included in Ext.P4 seniority list. She submitted Ext.P5 representation WPC 10726/08 :2 : and thereafter has filed this writ petition with the prayers mentioned above. 4. It may be true that the petitioner broadly comes under the Health Service quota, but the prospectus requires the candidates to make their options and admittedly the petitioner had opted for Rural Service quota. It is the further admitted case of the petitioner that she is ineligible under the quota opted by her. It is therefore that she seeks to change her option to the seniority in service quota. 5. In my view there is no enabling provision in the prospectus for permitting such a change in the option and if the request of the petitioner is now accepted, that will upset the whole seniority list and selection process. The authorities have gone by the rules of the prospectus for which they cannot be faulted and if that be so, petitioner cannot ask for any change in the quota opted by her. Learned counsel for the petitioner placed reliance on the decision rendered in Charles K.Skaria & others v. Dr.C. Mathew & others (AIR 1980 SC 1230). I have gone through the judgment. That judgment has been rendered in the context of the prospectus published by WPC 10726/08 :3 : the University of Kerala in the matter of admission to Post Graduate Medical Courses, but the decision was rendered in the context of the requirement of enclosing the certificates to the application form. In my view that judgment has been rendered in a totally different factual situation and cannot be relied on by the petitioner in this writ petition. ANTONY DOMINIC,JUDGE. Rp