IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 7925 of 2009(I) ---------------------------------- PETITIONER : ---------------------- MATHEW JAMES, S/O.JACOB MATHEW, VAYALIL KALAPPURA, KIZHAPARAYAR P.O. PALA, KOTTAYAM DISTRICT. BY ADV. SRI.PAULY MATHEW MURICKEN RESPONDENTS : --------------------------- 1. UNION OF INDIA, REP. BY THE SECRETARY TO GOVERNMENT, MINISTRY OF HEALTH AND FAMILY WELFARE, DENTAL EDUCATION SECTION, NEW DELHI. 2. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM 3. DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM 4. COMMISSIONER FOR ENTRANCE EXAMINATIONS, THIRUVANANTHAPURAM SRI. PARAMESWARAN NAIR, ASG SRI. HOOD, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. --------------------------- W.P.(C) No. 7925 of 2009 ------------------------------------ Dated this the 3rd day of April, 2009 JUDGMENT Petitioner is an applicant for admission to Post Graduate Course in Dental Surgery (MDS), and his preferred subject is Orthodontics. According to Exhibit P1 prospectus, there are three seats in Thiruvananthapuram Medical College and two seats in Calicut, out of which, one seat each are for All India Quota. The prospectus also shows that one seat in the subject from the state quota has been reduced as per direction of the DGHS, due to regularization of an excess admission during the year 2006-2007. 2. The case of the petitioner is that the 3rd respondent has already made Exhibit P4 recommendation to the second respondent requesting to get sanction of the first respondent not to reduce one seat in the specialty of Orthodontics from the State quota this year. However, from the submission made by the learned Government Pleader, it is evident that the Government has not so far taken any action in this behalf and it is at that stage allotment is going to take place. Hence, this writ petition is W.P.(C) No. 7925 /2009 2 filed. 3. It would appear that in the year 2006-07 one excess admission was granted in the state quota and that was regularized by the first respondent by Exhibit P2 order, on condition that corresponding reduction will be made in the subsequent year. However, that was again postponed to this year and it was therefore that the DGHS has directed that one seat in the state quota in the subject Orthodontics should be reduced this year. It would appear from Exhibit P4, that in 2006-2007 itself, one seat in the state quota in the specialty of Conservative Dentistry was kept vacant and it is on that basis the 3rd respondent has recommended that the matter be taken up with the first respondent and the seat in Orthodontics be restored. 4. In the light of the recommendation made by the 3rd respondent as above, it is only appropriate that the second respondent should make an attempt to get the seat restored as otherwise, for no valid reason, a seat will be permanently lost for the year. In view of the above, I direct the second W.P.(C) No. 7925 /2009 3 respondent to take up the matter with the first respondent as recommended in Exhibit P4, and it is directed that on the receipt of such recommendation, the first respondent shall consider the matter and decide whether the seat can be restored, within eight weeks of its receipt and pass orders thereon. 5. It is pointed out by the petitioner and confirmed by the learned Government pleader appearing for respondents 2 and 3 that in terms of time frame fixed, the first allotment is to commence and complete before 15th April,2009 and classes are to be commence from 31st May, 2009 onwards. 6. Taking note of the time frame so fixed, it is directed that subject to decision of the Government of India in the matter of restoring the one seat and entirely at the risk of the candidate concerned, it will be open to respondents 2,3 and 4 to allot an eligible candidate to the subject Orthodontics (MDS). It is made clear that this is purely provisional and the candidate admitted will be informed that if the Government of India decides not accept the recommendation to restore the seat, the W.P.(C) No. 7925 /2009 4 candidate will have to vacate seat without any demur and that no equity whatsoever can be claimed. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE scm