IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 WP(C).No. 30683 of 2008(C) ---------------------------------------- PETITIONER(S): ------------------------- S.L.DIVYA, AGED 19 YEARS, D/O. LATE KUTTAPPAN, ROHINI NIVAS, NEAR I.T.C. PERUMALA, MANCHA P.O., NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): --------------------------- 1. COMMISSIONER FOR ENTRANCE EXAMINATIONS, GOVERNMENT OF KERALA, HOUSING BOARD BUILDING, SHANTI NAGAR, THIRUVANANTHAPURAM - 1. 2. THE PRINCIPAL, CO-OPERATIVE MIDICAL COLLEGE, KOCHI. 3. PRINCIPAL, S.U.T. MEDICAL COLLEGE, VATTAPPARA, THIRUVANANTHAPURAM. 4. PRINCIPAL, SREE GOKULAM MEDICAL COLLEGE, VENJARAMOOD, THIRUVANANTHAPURAM. 5. JASNA R., ARAYANGOTTU THAZHAM, POTTAMMAL P.O., PERINGOTTUPURAM, KUNNAMANGALAM, KOZHIKODE. SPL. GOVERNMENT PLEADER SRI. SANTHOSH KUMAR ADV. SRI.K.JAJU BABU FOR R5 SMT.M.U.VIJAYALAKSHMI FOR R5 SRI.T.S.SHYAM PRASANTH FOR R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.GIRI,J. ------------------------- W.P ( C) No.30683 of 2008 -------------------------- Dated this the 31st October, 2008 J U D G M E N T Petitioner participated in the common entrance examination conducted by the Commissioner for selection to the seats available in the various medical colleges in the State for admission to the M.B.B.S course. She belongs to Cheramar community which is treated as scheduled caste. It seems that on the first option exercised by the petitioner , she was allotted to the Co- operative Medical College, Kochi. She joined the said college, as evidenced by Exhibit P3 and she had paid necessary caution deposit, as per the rules. While so, Exhibit P8 order is issued by the 1st respondent finding that the petitioner is not entitled to get admission under Scheduled Caste quota. By Exhibit P10 judgment, petitioner’s writ petition was disposed of in the following terms. “In the result, writ petition is disposed of directing the first respondent to consider and W.P ( C) No.30683 of 2008 2 pass orders on Ext.P11 within a period of two weeks from the date of receipt of a copy of this judgment. At any event, Government shall pass orders on the stay petition also produced along with Ext.P11 within the same period. Since the petitioner is stated to have already been admitted to the Course. such admission will be subject to the final decision to be taken by the Government on Ext.P11.” 2. Thereafter, the matter was considered by the Government and by Exhibit P13 Government Order, Government accepted the petitioner’s revision and by the time Exhibit P13 order is passed and the Government declared that the petitioner belongs to Hindu Cheramar community. The last date for MBBS course had since expired by 30.9.2008, petitioner approached this Court seeking a direction to the respondents to admit her in the MBBS course. 3. No doubt, the facts reveal any unfortunate state of affairs, I take note of the fact that the schedule for completion of admission for 1st year MBBS course drawn up in the Graduate Medical Education (Amendment) Regulations 2004 framed under the Indian Medical Council Act was directed to adhered to without any deviation by the W.P ( C) No.30683 of 2008 3 Supreme Court in Mridul Vs. Union of India [2005 (2) SCC 65]. It is not open to any agency to relax the rigour of the same. Remedy, if any, available to the petitioner would be to move the Supreme Court. In the circumstances, I do not find my way to issue a direction to the respondents. The writ petition is accordingly dismissed. (V.GIRI,JUDGE) ma W.P ( C) No.30683 of 2008 4 W.P ( C) No.30683 of 2008 5