IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 WP(C).No. 6251 of 2010(F) ------------------------- PETITIONER: --------------- TARIQ M, AGED 17 YEARS, MINOR REPRESENTED BY FATHER SUBAIR.M., AGED 46 YEARS, S/O.MOHAMMED, MANATHODI HOUSE, ATHIKKAD, ERANJIMANGAD.P.O., NILAMBUR TALUK, MALAPPURAM DIST BY ADV. SRI.P.SAMSUDIN RESPONDENTS: --------------- 1. THE DIRECTOR, MEDICAL EDUCATION, THIRUVANANTHAPURAM - 2. THE PRINCIPAL, DR.PADIYAR MEMORIAL HOMOEOPATHI MEDICAL COLLEGE, CHOTTANIKKARA P.O., ERNAKULAM. 3. THE PRINCIPAL AND CONTROLLING OFFICER, GOVT.HOMOEO MEDICAL COLLEGE, THIRUVANANTHAPURAM - GOVERNMENT PLEADER SHRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.6251 of 2010 ------------------------------------------------ Dated this the 22nd day of March, 2010 JUDGMENT The petitioner is presently studying in Dr.Hahnemann Homoeopathy Medical College & Research Centre, Rasipuram, Tamil Nadu. In fact he had appeared for Kerala Engineering, Medical and Architectural Entrance Test 2009 conducted by the Commissioner for Entrance Examination and was placed in rank No.20725 for engineering, 5843 for medical and 5850 for Ayurveda. which is evidenced by data sheet produced as per Ext.P2. He belongs to Muslim community which is included in the socially and educationally backward class (SEBC). The petitioner had given option for Homoeo (BHMS). After three rounds of allotments for BHMS there were 35 seats vacant. Out of this two seats earmarked for NCC quota also remained unfilled. According to the petitioner, as per the prospectus such seats are to be filled up by mandatory reservation quota. As a next Muslim candidate the petitioner was entitled to get a seat. The petitioner then filed W.P.(C)No.30964/09 which was disposed of by Ext.P3 recording the submission made by the respondent that filling up of seats by the respondent cannot be W.P.(C)No.6251 of 2010 2 said to be wrong. It is in these circumstance, he applied for admission in another College in Tamil Nadu. It is pointed out that there is a vacant seat in BHMS in second respondent college as one student in Government Homoeopathic Medical College Calicut got admission for BDS. The petitioner seeks admission in that vacancy. The learned Government pleader submitted that one seat is remaining vacant. Therefore, there will be a direction to the third respondent to consider the claim of the petitioner in terms of the Ext.P2 and appropriate decision will be taken and will be communicated to the petitioner within a period of two weeks from the date of production of a copy of this judgment. The petitioner will produce the copy of the writ petition along with a copy of this judgment for compliance. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj