IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 WP(C).No. 28523 of 2007(U) ------------------------------------ PETITIONER: ----------------- TINTU.A.S., AGED 18 YEARS, D/O.L.R.SATHYAN, FLAT NO.B2, JUDGES QUARTERS, KOZHIKODE. BY ADVS. SMT.PRABHA R.MENON SRI. M.KRISHNA KUMAR RESPONDENTS: ----------------------- 1. THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, KOZHIKODE. 2. THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY. *4. ANAND RAJA D.S. RAJA, ROLL NO. 113097, RANK NO. 2460, IST MBBS STUDENT, C/O. THE PRINCIPAL, GOVRNMENT MEDICAL COLLEGE, KOZHIKODE. *ADDL. R4 IS IMPLEADED AS PER ORDER DATED 27/11/2007 IN IA NO. 15620/2007. BY GOVERNMENT PLEADERM SRI. I.V.PRAMOD ADV. SMT. BINDHU SREEKUMAR FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 28523/2007 APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE ADMISSION MEMO ISSUED BY THE R1. EXT.P2. COPY OF THE COMMUNICATION DT. 22/09/07. EXT.P3. COPY OF HER OPTION. EXT.P4. COPY OF THE LIST. RESPONDENT'S EXHIBITS EXT.R2A. COPY OF THE DETAILS SHOWING THE OPTIONS EXERCISED BY THE PETITIONER. EXT.R4A. COPY OF THE ADMISSION MEMO DT. 12/09/2007 BY THE PRINCIPAL, GOVT.MEDICAL COLLEGE, KOTTAYAM TO THE R4. EXT.R4B. COPY OF THE ORDER NO. B1/15529/2007/MCK DT. 24/09/2007 BY THE VICE PRINCIPAL, GOVT.MEDICAL COLLEGE, KOTTAYAM. EXT.R4C. COPY OF THE ADMISSION MEMO DATED NIL BY THE PRINCIPAL OF THE GOVT. MEDICAL COLLEGE, KOZHIKODE. True copy tga ANTONY DOMINIC, J. ------------------------------------------- W.P.(C) No.28523 of 2007 ------------------------------------------- Dated this the 28th day of January, 2008 JUDGMENT This writ petition was filed praying for quashing Ext.P2 order. The petitioner who had got admission in the first respondent college by Ext.P1 was later reallotted to an Engineering College. According to the petitioner, she had not exercised any such option. On this basis petitioner sought a declaration that she is entitled to continue for MBBS course for which she got admission by Ext.P1. Subsequently, an investigation was conducted into the circumstances in which the re-option stated to have been made by the petitioner was exercised and also into the circumstances that led to the 4th respondent seeking admission to the respondent. 2. It is stated by the Government Pleader that investigation is now going on and a statement is also filed disclosing these facts. Irrespective of the controversies are raised by either side, I am of the view that this writ petition can WPC28523/2007 2 be closed to the satisfaction of both the petitioner and also the 4th respondent. 3. It is submitted by the learned Government Pleader that one student by name Brijesh C.K., who was admitted in the college on 12.9.2007, has expired, resulting a vacancy in the same class where the petitioner and the 4th respondent are studying. In the vacancy so arisen if the admission of the petitioner or the 4th respondent can be regularised and if so done, it will not in excess of the permissible number of seats available in the college. Therefore, directing respondents 1 and 2 to regularise the admission granted to the petitioner or the 4th respondent in the vacancy available in the first respondent college, this writ petition is disposed of. ANTONY DOMINIC, JUDGE csl