IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 WP(C).No. 23391 of 2010(Y) ---------------------------------------- PETITIONER(S): ----------------------- DR.RADHIKA C.R., K.P.12/99, KRISHNA, CHRIST NAGAR ROAD, KARAKULAM (P.O), THIRUVANANTHAPURAM, PIN-695 564. BY ADV. SRI.GOPAKUMAR R.THALIYAL, SRI.N.P.PRAJEESH. RESPONDENT(S): -------------------------- 1. THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, 5TH FLOOR, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF MEDICAL EDUCATION, MEDICAL COLLEGE(P.O), THIRUVANANTHAPURAM-695 011. 3. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. R1 TO R3 BY GOVT. PLEADER MR.P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. S. SIRI JAGAN, J. ---------------------- W.P.(C). No. 23391 of 2010 ------------------------------------ Dated this the 5th day of August, 2010 JUDGMENT The petitioner is a Post graduate degree holder in medicine in the speciality of paediatrics. The petitioner applied for the entrance examination for admission to the Post Graduate Super Speciality Course this year in D.M. Nephrology and she passed the entrance examination. The petitioner's grievance in this writ petition is that in the list prepared in respect of candidates who have completed Senior Residency, the name of the petitioner has not been included, although she completed the Senior Residency on 11.01.2010, before preparing that list. According to the petitioner, in view of clause III (a) (iii) of Ext. P2 prospectus for admission to the course, the Senior Residency is not a qualification as such in so far as the eligibility qualification is post graduation in medicine. Therefore, if the petitioner has completed the Senior Residency before the counselling starts, that would be sufficient eligibility as per clause III (a) (iii), is the petitioner's contention. The petitioner therefore, seeks the following reliefs: i) To issue a writ of mandamus or any other appropriate writ, direction or order directing W.P.(C). No. 23391 / 2010 2 the respondents to include the name of the petitioner in Exhibit P7 list before starting the counselling for admission to the Postgraduate Super Speciality Course D.M. Nephrology for the year 2010. ii) To issue such other reliefs as this Honourable Court may deem fit and proper in the facts and circumstances of the case. 2. I have heard the learned Government Pleader also. According to the learned Government Pleader as per clause III (a) (iii) of Ext.P2 prospectus, the completion of one year's senior residency is one of the eligibility condition for admission and therefore, that condition should be satisfied as on the last date of submitting applications, which admittedly the petitioner has not. 3. The learned counsel for petitioner contends that it is only a preference and not an eligibility condition. 4.I have considered the rival contentions in detail. Clause III (a) of Ext.P2 prospectus reads thus: Eligibility for admission: a) Nativity: Applicants should have satisfied the W.P.(C). No. 23391 / 2010 3 following conditions: i) They should be Indian Citizens. ii) Has passed the PG Degree (MD/MS)/Dip.N.B from any of the Medical Colleges recognized by Medical Council of India. iii) Has done at least one year compulsory rural service/Senior residency/Government service in any of the Government Medical Colleges/Government Hospitals in Kerala. iv) In case sufficient number of candidates fulfilling the condition as per(iii) above is not available, candidates who are otherwise qualified will also be considered, based on the merit in the entrance test. v) Preference shall be given to the candidates, who had done MBBS or MD/MS from the Medical Colleges in Kerala, for preparation of rank list. In case, sufficient number of candidates in the above category is not available for admission for any reason, candidates from other states will be considered for the balance seats, based on the merit in the entrance test. (underlining supplied) 5. From the same it is abundantly clear that completion of one year compulsory rural service/Senior Residency/ government service is an eligibility condition for admission. Therefore, that W.P.(C). No. 23391 / 2010 4 eligibility condition should be satisfied as on the last date for submitting applications. Admittedly, the petitioner has not completed one year Senior residency before the last date for submitting applications. Therefore, there is no merit in the contentions in the writ petition. Accordingly, the same is dismissed. S. SIRI JAGAN, JUDGE. ln