IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 WP(C).No. 17112 of 2008(K) -------------------------- PETITIONER: ------------ 1. DR.K.P.MOHANAN, CIVIL SURGEON AND MEDICAL OFFICER-IN-CHARGE,COMMUNITY HEALTH CENTRE THALAKKULATHUR, KOZHIKODE. BY ADV. SRI.C.P.MOHAMMED NIAS RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH & FAMILY WELFARE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM 3. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM 4. SECRETARY TO GOVERNMENT OF KERALA DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2008, THE COURT, ON THE SAME DAY, DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 17112 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 9th June, 2008. J U D G M E N T Petitioner is a candidate belonging to the Viswakarma community, who aspires for admission to the post-graduate medical courses in Medical Colleges in Kerala in the year 2008. The petitioner is a service candidate. He filed this writ petition on the premise that he had secured more than 40% marks in the common entrance examination and going by clause IX of the prospectus, for candidates belonging to SC/ST and SEBC, the required minimum mark is 40%. According to the petitioner, the petitioner being a candidate belonging to SEBC category, he needs to secure only 40% or more marks in the common entrance examination for becoming eligible for admission. The petitioner submits that the marks were not informed to the petitioner. It was his belief that he has secured more than 40% marks. Having not been considered for admission, the petitioner has filed this writ petition seeking the following reliefs: “a) Declare that the petitioner is entitled to get admission for Medical P.G. Degree Course – 2008 in anyone of the Medical Colleges in Kerala treating his community as Viswakarma/Ashari, a backward community, being entitled and eligible for communal reservation; b) Declare that the condition in the application form for admission to the Medical P.G. Degree Course – 2008 to furnish certificate from the revenue authorities showing the caste of the applicant, is only directory and cannot result in the rejection of the claim for communal reservation of the applicant; c) Issue a writ in the nature of mandamus or any other writ, order or direction directing the respondents to admit the petitioner for the Medical P.G. Degree Course – 2008 in any one of the Medical Colleges in the State treating his caste as Viswakarma/Ashari entitled and eligible for communal reservation.” 2. Learned Government Pleader, on instructions, submits that the petitioner secured only 423 marks out of 1200, which works out to about 35.25% and therefore he having not secured 40% or more W.P.C. No. 17112/2008. -: 2 :- marks, he is not eligible for admission. He also points out that the result is available in the web site of the Commissioner of Entrance Examination. In the above circumstances, I do not think that the petitioner is entitled to the relief prayed for in this writ petition. Accordingly, the writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.