IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 WP(C).No. 34473 of 2009(D) --------------------------------------- PETITIONER(S): ---------------------- DIVYA. A, SREEDHANYA, V.P. 13/387, VAZHOTTUKONAM, KODUNGANOOR, VATTIYOORKAVU P.O., THIRUVANANTHAPURAM. BY ADV. MR.PIRAPPANCODE V.S.SUDHIR RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP.. BY ITS SECRETARY, FAMILY AND HEALTH WELFARE, DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, AYURVEDA MEDICAL EDUCATION, AROGYA BHAVAN, M.G.ROAD, THIRUVANANTHAPURAM. 3. THE COMMISSIONER OF ENTRANCE EXAMINATION, OFFICE OF THE COMMISSIONER OF ENTRANCE EXAMINATION, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM. 4. MANIKANTAN T.S., THARAMEL HOUSE, KANGANOOR, AKATHIYOOR P.O., KUNNAMKULAM, THRISSUR. R1 TO R3 BY GOVERNEMENT PLEADER MR.M.A. ASIF. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/02/2010, ALONG WITH WPC NO. 35336 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. WP(C) NO. 34473/2009-J APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ADMIT CARD ISSUED TO THE PETITIONER FOR M.D. (AYURVEDA) COURSE 2009-2010, ISSUED BY THE 3RD RESPONDENT, BEARING ROLL NO.90204. EXT.P2: COPY OF THE NOTIFICATION NO.CEE/171/2009/TA-IV ISSUED BY THE 3RD RESPONDENT PUBLISHING THE PROVISIONAL RANK LIST OF CANDIDATES FOR ADMISSION TO M.D. (AYURVEDA) 2009. EXT.P3: COPY OF THE RELEVANT EXTRACT OF THE RANK LIST (PROVISIONAL). EXT.P4: COPY OF THE RELEVANT EXTRACT OF THE PROSPECTS FOR POST GRADUATE COURSE IN AYURVEDA VACHASPATHI (AY) 2009-10. EXT.P5: COPY OF THE MEMO NO.G3/5089/07/DAME DATED 20/08/2009 ISSUED BY THE 2ND RESPONDENT. EXT.P6: COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE LOK AYUKTA WITHOUT ITS EXHIBITS. EXT.P7: COPY OF THE STATEMENT OF FACTS FURNISHED BY THE 2ND RESPONDENT BEFORE THE LOK AYUKTA. EXT.P8: COPY OF THE REPLY STATEMENT FILED BY THE PETITIONER BEFORE THE LOK AYUKTA. EXT.P9: COPY OF THE WRITTEN STATEMENT FILED BY THE 4TH RESPONDENT BEFORE THE LOK AYUKTA. EXT.P10: COPY OF THE REPLY FILED BY THE PETITIONER TO THE WRITTEN STATEMENT FILED BY THE 3RD RESPONDENT BEFORE THE LOK AYUKTA. EXT.P11: COPY OF THE ORDER DATED 20/11/2009, OF THE KERALA LOK AYUKTA. EXT.P12: COPY OF THE LETTER NO.G3/5502/09/DAME DATED 28/11/2009 OF THE 2ND RESPONDENT. EXT.P13: COPY OF THE SELECT LIST OF CANDIDATES FOR POST GRADUATION FOR THE YEAR 2009-2010. EXT.P14: COPY OF THE ORDER NO.4308/G3/2009/DAME DATED 23/12/2009 OF THE 2ND RESPONDENT PROVISIONALLY ADMITTING THE APPLICANT IN THE M.D. (AY). RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). Nos.34473/2009-D and 35336/2009-J ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 10th day of February, 2010 J U D G M E N T In W.P.(C).No.35336/2009, the challenge is against an order passed by the Lok Ayukta produced as Ext.P3 therein. In the other writ petition, the petitioner seeks for implementation of the said order along with other reliefs. The matter relates to admission to M.D. Ayurveda Course from the general merit quota. 2. The petitioner in W.P.(C).No.34473/2009 is rank No.139 in the entrance examination which is prepared by the third respondent. According to the petitioner, she was entitled to be admitted to the course. But, overlooking her claim, the seat was allotted to a candidate belonging to a SC category, namely, the fourth respondent herein. This was interfered with by the Lok Ayukta by the impugned order further directing that to accommodate the fourth respondent, one seat can be increased also. 3. In W.P.(C).No.34473/2009, a detailed interim order was passed by this Court on 21/12/2009, after noticing the fact that one seat in M.D. Ayurveda Course is lying vacant in the Government Ayurveda College, Tripunithura and as the entitlement of the petitioner for admission based on merit is not disputed, respondent Nos.1 and 2 were directed to W.P.(C). Nos.34473/2009 and 35336/2009 -:2:- provisionally admit the petitioner in the vacant seat in M.D Ayurveda Course in Government Ayurveda College, Tripunithura. 4. Heard the learned counsel for the petitioner in W.P.(C).No. 34473/2009 and the learned Government Pleader appearing for the petitioners in W.P.(C).No.35336/2009. It is submitted that the petitioner has been admitted pursuant to the interim order. In that view of the matter, the admission of the petitioner can be treated as regular and all consequential benefits will follow. It is therefore, not necessary for this Court to consider the validity of the order passed by the Lok Ayukta. It is made clear that in the light of the admission granted, this Court is not deciding upon the said issue and all contentions are left open. The writ petitions are accordingly, closed. (T.R. Ramachandran Nair, Judge.) ms