IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 26TH SEPTEMBER 2007 / 4TH ASWINA 1929 WP(C).No. 25897 of 2007(G) ----------------------------------------- PETITIONER: -------------------- RASHMA MOHAMMED P., D/O. P.A. MOHAMMED KUNJU, MINOR (NOT COMPLETED 18 YEARS), MYTHRI GARDENS, P.T.CHACKO NAGAR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM, REP.BY HER FATHER AND NATURAL GUARDIAN,DR.P.A.MOHAMMED- KUNJU. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENTS: ------------------------- 1. UNION OF INDIA, REP. BY ITS SECRETARY TO GOVERNMENT, MINISTRY OF HEALTH, NEW DELHI. 2. THE DIRECTOR GENERAL OF HEALTH SERVICES, MEDICAL EXAMINATION CELL, NIRMAN BHAVAN,NEW DELHI. 3. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH SERVICES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. THE COMMISSIONER OF ENTRANCE EXAMINATIONS, THIRUVANANTHAPURAM. 5. THE PRINCIPAL, GOVT.MEDICAL COLLEGE, THIRUVANANTHAPURAM. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR for R1,R2&R4 BY GOVERNMENT PLEADER SRI. BENJAMIN PAUL for R3 & R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/09/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.25897/2007 G APPENDIX PETITIONER'S EXHIBITS: EXT.P1; COPY OF THE CERTIFICATE ISSUED BY THE CENTRA BOARD OF SECONDARY EDUCATION (ALL INDIA PRE-MEDICAL/ PRE-DENTAL ENTRANCE EXAMINATION UNIT) DETAILING THE RANK SECURED BY THE PETITIONER. EXT.P2: COPY OF THE RELEVANT PAGES OF THE PROSPECTUS DEALING WITH CLAUSE 14, PRESCRIBING THE SCHEME OF METHOD OF SELECTION AND ADMISSION TO MBBS/BDS COURSE. EXT.P3; COPY OF THE REVISED SCHEDULE FOR 15% ALL INDIA UG 2ND ROUND OF CONSELLING 2007. EXT.P4: COPY OF THE PROCEEDING OF THE CBSE (ALL INDIA PRE- MEDICAL/PRE-DENTAL ENTRANCE EXAMINATION UNIT) BASED UPON THE LETTER NO.U-11011/1/2007/MEC DTD. 26/07/07 OF THE 2ND RESPONDENT. EXT.P5: COPY OF THE MEMORANDUM DTD. 3/08/07, ADMITTING THE PETITIONER AT MADURAI MEDICAL COLLEGE. EXT.P6: COPY OF THE RELEVANT PAGE OF THE LIST OF CANDIDATES APPEARED FOR CONSELLING ON 3/08/07 AT PONDICHERRY EVIDENCING THE NAME OF THE PETITIONER. EXT.P7: COPY OF THE LETTER NO.B1/14719/07/MCT DTD. 31/07/07 OF THE VICE PRINCIPAL OF MEDICAL COLLEGE, THIRUVANANTHAPURAM. EXT.P8: COPY OF THE LETTER DTD. 7/08/07 ISSUED BY THE 2ND RESPONDENT. EXT.P8(A): COPY OF THE LETTER BEARING NO.B1/14719/07/MCT DTD. 18/08/07 FORWARDED BY THE VICE RPINCIPAL OF THIRUVANANTHAPURAM MEDICAL COLLEGE TO THE 2ND RESPONDENT. EXT.P9: COPY OF THE REPRESENTATION DTD. 20/08/07 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT WITH ITS COPIES TO RESPONDENTS 3 TO 5. Kss ..2/- .2.. WPC.NO.25897/2007 G EXT.P10: COPY OF THE PROCEEDING OF THE 2ND RESPONDENT, EVIDENCING THE DETAILS OF ADMISSION PROVIDED TO MISS POORNIMA NAIR, IN THE VACANCY OCCURRED CONSEQUENT TO THE ABSENCE OF MR.CIJIN P.JOSE. EXT.P11: COPY OF THE PROCEEDING OF THE 5TH RESPONDENT BEARING NO.B1/14719/2007/MCT DTD. 27/07/07 FORWARDED TO THE 2ND RESPONDENT. EXT.P12: COPY OF THE TRANSACTION REPORT OF FAX MESSAGE SENT FROM THE OFFICE OF THE 5TH RESPONDENT TO THE 2ND RESPONDENT FORWARDING EXT.P11. RESPONDENT'S ANNEXURES: ANNEXURE R1(A): COPY OF THE REPORT DTD. 6/07/2007 FROM THE PRINCIPAL, GMC, THIRUVANANTHAPURAM. ANNEXURE R1(B): COPY OF THE MEDICAL COUNCIL OF INDIA DTD. 25/02/2004. /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 25897 OF 2007 G = = = = = = = = = = = = = = = = Dated this the 26th September, 2007 J U D G M E N T The prayer in the writ petition is to direct the 2nd respondent to permit the petitioner to join in any one of the vacancies mentioned in Ext. P8(a) in the All India Quota for MBBS at Govt. Medical College, Thiruvananthapuram. Petitioner is seeking consequential reliefs also. 2. The second phase of counselling for MBBS/BDS in the All India Quota was from 27-7-2007 to 7-8-2007. During the course of second phase of counselling the petitioner was also called for by Ext. P3 and by Ext. P5 she was granted admission in the Madurai Medical College. According to the petitioner, there arose a vacancy in the Thiruvananthapuram Medical College on 31-7-2007 due to discontinuance by one Antony Roy and by Ext. P5 that vacancy was reported on 31-7-2007 itself. Petitioner submits that when counselling was done in the second phase if this vacancy was also taken into account she would have been accommodated in the W.P.(C) No. 25897 OF 2007 -2- Thiruvananthapuram Medical College itself. However, this vacancy was not taken into account and the 2nd respondent took the stand in Ext. P8 that vacancies after 23-8-2007 will revert back to State quota. Ext. P9 representation filed by her also did not find favour with the respondents and hence this writ petition was filed. 3. A statement has been filed on behalf of respondents 1 and 2. In paragraph 8 it is stated that after the first phase of counselling, the last date for receipt of joining/non-joining report of candidates was 17-7-2007 and that Ext. P7 vacancy report dated 31-7- 2007 intimating the one vacancy at Thiruvananthapuram Medical College was not included in the second round of counselling, since the second round of counselling had already commenced on 27-7-2007. Thus receipt of vacancy notification after 17-7-2007 is the reason for excluding this vacancy in the second round of counselling. 4. This stand of respondents 1 and 2 is attempted to be contradicted by the petitioner by making reference to Exts. P10 and P11, which are produced W.P.(C) No. 25897 OF 2007 -3- along with the reply affidavit. Ext. P11, is a communication issued by the 4th respondent on 27-7-2007 reporting one vacancy which arose on 21-7-2007, on account of the course discontinuance by one Cijin P. Jose. Ext. P12 produced by the petitioner is the fax transaction report, by which Ext. P11 was faxed to the 2nd respondent on 27-7-2007 at 16.45 p.m. It is stated that Ext. P10 is the final composite allotment list of colleges for M.B.B.S/B.D.S Courses - 2nd round of allotment. At Sl. No. 58 is rank No. 148 Shri. Cijin P. Jose, M. who is indicated to be absent for re- allotment on 27-7-2007. It is stated that this vacancy has been allotted to rank No. 478, at Sl. No. 200, Smt. Poornima Nair who has been accommodated in the Thiruvananthapuram Medical College. 5. On this basis it is contended that the vacancy of Cijin P. Jose which was reported on 27-7-2007, was re-allotted in the second round of counselling despite the fact that going by the statement of respondents 1 and 2 the last date for reporting the vacancies was 17- 7-2007. The Asst. Solicitor General who appeared for respondents 1 and 2 or the learned Govt. Pleader W.P.(C) No. 25897 OF 2007 -4- appearing for the 4th respondent were not in a position to clarify as to whether the contention of the petitioner to the above effect raised in the reply affidavit dated 25-7-2007 and referring to Ext. P10 produced along with I.A. No. 12689/07 was correct or not. 6. If the respondents have fixed 17-7-2007 as the cut off date for reporting vacancies available after the 1st round of counselling and that cut off date was applied uniformly in the case of all candidates, the petitioner can have no complaint even if the vacancy that was reported on 31-7-2007 was not reckoned in the second round of counselling. On the other hand, if the vacancy reported as per Exts. P11 and P12 on 27-7-2007 was also included in the second round of counselling and a candidate has been accommodated I see no reason why the vacancy at Thiruvananthapuram which reported on 31-7-2007 should be excluded. 7. If this has happened that offends Article 14 of the Constitution. As already stated, the counsel appearing for the respondents are not in a position to explain this aspect. While, at the same time I am not W.P.(C) No. 25897 OF 2007 -5- prepared to be guided by the reply affidavit of the petitioner alone. In the aforesaid facts, I consider that the appropriate order that can be passed is to direct respondents 2 and 4 to examine whether the vacancy which arose on 27-7-2007 on account of the discontinuance of Cijin P. Jose was included in the second round of counselling and that seat in the All India quota was allotted to Poornima Nair. If such an allotment has been allowed as averred by the writ petitioner, petitioner will also be entitled to similar relief and the vacancy at Thiruvananthapuram Medical College which was reported on 31-7-2007 will have to be filled up treating the same to be in All India quota and candidate will have to be advised against the said vacancy. With these directions the writ petition is disposed of. ANTONY DOMINIC JUDGE jan/-