IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 WP(C).No. 30964 of 2009(M) -------------------------- PETITIONER(S): --------------- TARIQ M., AGED 17 YEARS, MINOR, REP. BY FATHER ZUBAIR M., AGED 46 YEARS, S/O.MOHAMMED, MANATHODI HOUSE, ATHIKKAD, ERANMANGAD P.O., NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): --------------- 1. THE COMMISSIONER OF ENTRANCE EXAMINATIONS, THIRUVANANTHAPURAM. 2. THE DIRECTOR, MEDICAL EDUCATION, THIRUVANANTHAPURAM. 3. THE PRINCIPAL AND CONTROLLING OFFICER, GOVT. HOMOEO MEDICAL COLLEGE, THIRUVANANTHAPURAM. 4. THE PRINCIPAL, GOVT. HOMOEO MEDICAL COLLEGE, KOZHIKODE. 5. THE STATE OF KERALA, REP. BY THE SECRETARY, HEALTH AND FAMILY WELFARE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 30964 OF 2009 -------------------------- Dated this the 17th day of November, 2009 J U D G M E N T Petitioner appeared for the Entrance Examination 2009 conducted by the Commissioner for Entrance Examinations. He secured rank No.5843 for Medicine and Rank No.5850 for Ayurveda. After three rounds of allotment for the BHMS course, 35 seats remained vacant. According to the petitioner, two out of the said 35 seats were ear marked to be filled up under the NCC quota. He contends that as there were no candidates in that category, the said seats ought to have been filled up applying Para 5.5.4 by candidates entitled to mandatory reservation. The petitioner contends that as the next Muslim candidate, he was eligible to be given admission for the BHMS course against one of the two seats in the NCC quota that was vacant after 17.10.2008. The petitioner claims admission on the basis of merit also. 2 A statement has been filed on behalf of the third respondent wherein it is conceded that two seats in the NCC quota were vacant immediately after 17.10.2008. It is stated W.P.(C) No. 30964/09 2 that applying Para 4.1.5 of the prospectus the said two vacant seats were allotted to the 64% State merit quota. The details thereof are given in Para 6 of the statement. It is stated that one of the vacant seats was in Government Homoeopathy Medical College, Thiruvananthapuram and the other at Calicut. It is also satiated that Miss Archana with rank No.3684 who was a student of the Government Homoeopathy Medical College, Thiruvananthapuram was given admission in the Government Homoeopathy Medical College, Calicut based on her rank and higher option in the NCC quota. As a result thereof, two seats were vacant in the Govt. Homoeo Medical College, Thiruvananthapuram. It is further stated that in the said two seats Miss. Thaskiya Hanan with rank No.5218 and Amathunnaseer with rank No.5318 were given admission in Government Homoeo Medical College, Thiruvananthapuram. 3. The said two candidates have better higher rank than the petitioner and they are therefore entitled to be preferred over the petitioner for admission against the two vacancies in the NCC quota. As per the terms of the prospectus, seats ear marked for W.P.(C) No. 30964/09 3 NCC quota and lying vacant, have to be filled up by mandatory reservation quota which takes in State merit also. Therefore on the terms of Para 4.1.5 of the prospectus the action taken by the respondents in filling up the two vacant seats by admitting candidates ranked above the petitioner in the State merit quota cannot be said to be illegal. Further, the two candidates admitted against the two vacant seats are ranked above the petitioner. They are not on the party array. For the said reason also, no relief can be granted to the petitioner. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, JUDGE vps