IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 WP(C).No. 17848 of 2011(E) ---------------------------------- PETITIONER(S): ------------------- DR.GEETHA M.G, READER IN PATHOLOGY, GOVERNMENT HOMOEO MEDICAL COLLEGE, THIRUVANANTHAPURAM. BY ADVS. SRI.ELVIN PETER P.J. SMT.POOJA SURENDRAN RESPONDENT(S): -------------------- 1. STATE O KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE PRINCIPAL AND CONTROLLING OFFICER GOVERNMENT HOMOEO MEDICAL COLLEGE THIRUVANANTHAPURAM - 695 001. BY GOVT. PLEADER SMT.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/07/2011, ALONG WITH WPC NO.17849 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 17848/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PROSPECTUS FOR ADMISSION TO POST GRADUATE COURSES IN HOMOEOPATHY ISSUED BY THE 1ST RESPONDENT. P2: COPY OF THE ORDER DATED 07/03/2005 ISSUED BY THE 1ST RESPONDENT. P3: COPY OF THE REPRESENTATION DATED 13/03/2011 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. P4: COPY OF THE REPRESENTATION DATED 27/06/2011 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J ------------------------------------------- W.P(C) Nos.17848/2011 & 17849/2011 --------------------------------------------- Dated this the 6th day of July, 2011. J U D G M E N T Petitioners are seeking admission to Post Graduate Course in Homeopathy in the quota reserved for teachers in Government Homeopathic Medical Colleges. Ext.P1 is the prospectus. Clause 4.b of the prospectus provides that a candidate should not be more than 45 years as on 1st day of January 2011 and for teachers, 5 years relaxation is also provided. The petitioners have crossed the age limit. Therefore they made Ext.P4 representation to the 1st respondent seeking relaxation of the said condition. They are relying on Ext.P2 in W.P(C) No.17848/2011, where according to the petitioners, in similar circumstances age was relaxed by the Government. Orders are not passed on Ext.P4 representation and that led the petitioners to file these writ petitions contending that vacant seats are available and therefore, their requests should be considered. W.P(C) Nos.17848/2011 & 17849/2011 2 2. Learned Government Pleader has obtained instructions in the matter. According to the learned Government Pleader there are five seats in the teachers quota and two students have been alloted to college at Calicut and one has been allotted to college at Thiruvananthapuram. It is stated that all the three students have already joined the course. In so far as the remaining one seat each at Calicut and Thiruvananthapuram are concerned, learned Government Pleader submits that there is a waiting list of three eligible candidates. It is therefore submitted that there is no question of relaxation of age limit in favour of any candidate due to nonavailability of sufficient candidates. 3. Having considered the submission made by both sides, I am inclined to agree with the submission of the learned Government Pleader. The question of relaxation a modification of the terms of prospectus, cannot arise in a situation where eligible candidates are available in the waiting list and are awaiting allotment to the vacant seats. W.P(C) Nos.17848/2011 & 17849/2011 3 4. At this stage, counsel for the petitioner seeks a direction to the Government to consider their representations in the event, seats are available even after allotment from the waiting list. However, in terms of the provisions of the prospectus, such vacancies, if any, will get reverted to the general quota. Therefore, I cannot grant the relief sought for. Accordingly, the writ petitions are dismissed. ANTONY DOMINIC ab JUDGE