IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 WP(C).No. 25990 of 2011(W) ----------------------------------------- PETITIONER(S): ------------------------ SAHDIYA M.P., AGED 19 YEARS, D/O.SAIDUTTY M.P., MANALPARAMBIL, POST PURATHUR TIRUR-2, MALAPPURAM. BY ADVS. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.JAGAN ABRAHAM.M GEORGE SRI.P.G.PRAMOD RESPONDENT(S): -------------------------- 1. KERALA CHRISTIAN PROFESSIONAL COLLEGE MANAGEMENT FEDERATION, RAJAGIRI VALLEY .P.O., KAKKANAD, KOCHI-682 039, REPRESENTED BY ITS SECRETARY. 2. AMALA INSTITUTE OF MEDICAL SCIENCES, AMALA NAGAR.P.O., THRISSUR-680 005, REPRESENTED BY ITS PRINCIPAL. 3. JUBILEE MISSION MEDICAL COLLEGE & RESEARCH INSTITUTE, THRISSUR-680 005, REPRESENTED BY ITS PRINCIPAL. 4. MALANKARA ORTHODOX SYRIAN CHURCH MEDICAL COLLEGE, KOLENCHERRY, ERNAKULAM-682 311, REPRESENTED BY ITS PRINCIPAL. 5. PUSHPAGIRI COLLEGE OF MEDICAL SCIENCES & RESEARCH CENTRE, THIRUVALLA -689 101, REPRESENTED BY ITS PRINCIPAL. 6. KALYANANI CHANDRA MOHAN, AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER, 1ST YEAR MBBS STUDENT, PUSHPAGIRI COLLEGE OF MEDICAL SCIENCES & RESEARCH CENTRE, THIRUVALLA-689 101. 7. AMRUTHA .K., AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER, 1ST YEAR MBBS STUDENT, PUSHPAGIRI COLLEGE OF MEDICAL SCIENCES & RESEARCH CENTRE, THIRUVALLA-689 101. 2/- -2- WP(C)NO.25990/2011 8. ARYA WILSON, AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER, 1ST YEAR MBBS STUDENT, MALANKARA ORTHODOX SYRIAN CHURCH MEDICAL COLLEGE, KOLENCHERRY, ERNAKULAM-682 31. 9. GOPIKA GOPINATH, AGE AND FATHERS NEME NOT KNOWN TO THE PETITIONER, 1ST YEAR MBBS STUDENT, MALANKARA ORTHODOX SYRIAN CHURCH MEDICAL COLLEGE, KOLENCHERRY, ERNAKULAM-682 311. R1 TO R5 BY ADV.SRI.KURIAN GEORGE KANNANTHANAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.25990/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE KERALA ENGINEERING/ AGRICULTURE/ MED ENTRANCE EXAMINATIONS-2011 MEDICAL MARKS/ DATA SHEET, ISSUED FROM THE OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATIONS SHOWING THE MEDICAL RANKING OF THE PETITIONER. P2 COPY OF THE ADMISSION NOTIFICATION DATED 18/05/2011 PUBLISHED BY THE 1ST RESPONDENT, INVITING APPLICATIONS FOR ADMISSION TO MBBS/BDS. P3 COPY OF THE RELEVANT PORTION OF THE PROSPECTUS ISSUED BY THE 1ST RESPONDENT FOR ADMISSION TO MBBS/BDS COURSES 2011-2012. P4 COPY OF THE RELEVANT PORTION OF THE MBBS-PROVISIONAL RANK LIST OF OPEN MERIT CANDIDATES, PUBLISHED BY THE 1ST RESPONDENT. P5 COPY OF THE 11TH ALLOTMENT LIST PUBLISHED BY THE 1ST RESPONDENT. P6 COPY OF THE 12TH ALLOTMENT LIST PUBLISHED BY THE 1ST RESPONDENT IN THE WEBSITE ON 24/09/2011 AT 6 P.M. P7 COPY OF THE NOTIFICATION DATED NIL ASKING TO INTIMATE THE WILLINGNESS OF THE CANDIDATES TO BE CONSIDERED IN THE VACANCIES THAT MAY ARISE IN FUTURE, WHICH THE PETITIONER LATER MANAGED TO OBTAIN. P8 COPY OF THE NOTIFICATION DATED NIL OF THE 1ST RESPONDENT PUBLISHING THE SO CALLED NEW RANK LIST OF THE CANDIDATES, IS PRODUCED HEREWITH AND MARKED AS EXHIBIT-P8. P9 COPY OF THE 13TH ALLOTMENT LIST PUBLISHED BY THE 1ST RESPONDENT IN THE WEBSITE ON 26/09/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts ANTONY DOMINIC, J. ================ W.P.(C) NO. 25990 OF 2011 ===================== Dated this the 29th day of September, 2011 J U D G M E N T Petitioner says that in the rank list prepared by the 1st respondent for admission to their member colleges, she had secured rank No.296. It is stated that, overlooking her ranking, respondents 6 to 9 who had secured lower ranks have been granted admission. It is in these circumstances, this writ petition has been filed seeking reliefs including for a direction to the 1st respondent to grant her admission to MBBS Course based on the options exercised by the petitioner. 2. In this writ petition, Sri.Kurian George Kannanthanam, senior counsel appeared on behalf of the 1st respondent, whose members are respondents 2 to 5. Although, according to the learned senior counsel it was because the petitioner did not respond to the notification dated 28/8/11 that she was not included in the revised rank list leading to the admission of the party respondents, it is now submitted that a vacancy in the open merit quota has arisen in the 5th respondent college and that if the petitioner is desirous of joining the said vacancy, the petitioner WPC No. 25990/11 :2 : can report at the college by 11. a.m on 30/9/11 along with the required fee by way of DD and the original certificates. Although the petitioner happily accepts this offer made, still it is pointed out that she is now undergoing BDS course in the Government Dental College, Kottayam and that therefore a short time is required for production of the original certificates and for the present, the petitioner shall produce attested copies of the certificates. 3. In the light of the submissions so made, the writ petition is disposed of with the following directions:- (1) That it will be open to the petitioner to report to the Principal of the 5th respondent College at 11 a.m on 30/9/11 along with the fee by way of DD and the attested copies of the certificates proving her eligibility. (2) If the petitioner reports as above, the 5th respondent will admit the petitioner to the open merit vacancy, which is now available. (3) In so far as the request of the petitioner that even after so admitting her, in case any vacancy occurs in the colleges in respect of which the petitioner has exercised her higher options, I WPC No. 25990/11 :3 : direct that, in the event of any such vacancy occurring, it will be open to the petitioner to move the 1st respondent, in which event, her claim will be duly considered. (4) Needless to say that, in the event the petitioner does not report to him, it will be open to the 5th respondent to admit any other eligible candidate. ANTONY DOMINIC, JUDGE Rp