IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 WP(C).No. 20905 of 2009(G) ----------------------------------------- PETITIONER(S): ------------------------ DR.SINDHU.R.S., AGED 36 YEARS, LECTURER, DEPT.OF SURGICAL GASTROENTEROLOGY, MEDICAL COLLEGE, THIRUVANANTHAPURAM. BY ADV.MR.C.K.MOHANAN RESPONDENT(S): --------------------------- 1. COMMISSIONER FOR ENTRANCE EXAMINATIONS, IVTH FLOOR, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM. 2. DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 3. THE UNIVERSITY OF KERALA, REP.BY THE REGISTRAR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. *ADDL.R4 IS IMPLEADED: R4. SUBHASH, S/O.RAVEENDRAN NAIR, ASWATHI BHAVAN, KUTTIYANICADU, KEEZHAROOR P.O., THIRUVANANTHAPURAM. (*ADDL.R4 IS IMPLEADED AS PER ORDER DTD. 3/08/2009 IN I.A.NO.9695/09) R1 & R2 BY GOVERNMENT PLEADER MR. T.B.HOOD R3 BY ADV.MR. M.RAJAGOPALAN NAIR, SC, KERALA UTY. R4 BY ADVS.MR.N.SUKUMARAN, MR.S.SHYAM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.20905/2009 G APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RANK LIST PUBLISHED BY THE 2ND RESPONDENT. P2: COPY OF THE PROSPECTUS ISSUED BY THE 1ST RESPONDENT. P3: COPY OF LETTER DTD. 25/07/2009 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: R2(A): COPY OF THE CIRCULAR OF THE MEDICAL COUNCIL OF INDIA SCHEDULING THE ADMISSION PROCESS FOR MEDICAL AND DENTAL COURSES. R2(B): COPY OF THE CONFIDENTIAL RESULT OF THE PETITIONER DTD. 27/07/2009 SERVED ON THIS RESPONDENT DTD. 29/07/2009. R3(A): COPY OF THE JUDGMENT IN WPC.NO.13963/09. R3(B): COPY OF THE LETTER DTD. 4/07/2009 SENT BYTHE PRINCIPAL, MEDICAL COLLEGE HOSPITAL, TRIVANDRUM TO THE CONTROLLER OF EXAMS, UNIVERSITY OF KERALA TOGETHER WITH COPY OF THE DECISION OF KGMCTA DECLARING BOYCOTT OF EXAMINATIONS. R4(A): COPY OF THE RANK LIST. R4(B): COPY OF THE MEMO DTD. 25/07/09. R4(C): COPY OF THE FEE RECEIPT DTD. 25/07/09. R4(D): COPY OF THE BUS FARE FEE RECEIPT. R4(E): COPY OF THE ADMISSION CHIT DTD. 25/07/09. /TRUE COPY/ P.S.TO JUDGE Kss V.GIRI, J. ---------------------------------------- W.P.(C).No.20905 of 2009 ---------------------------------------- Dated this the 26th day of August, 2009. JUDGMENT The petitioner is a lecturer in the Department of Surgical Gastroenterology, Medical College, Thiruvananthapuram. She applied for admission to M.Ch Post Graduate Super Speciality Course in Surgical Gastroenterology, 2009. The allotment of seats in Super Speciality Course is effected as per Ext.P2 prospectus. Insofar as distribution of available seats are concerned, the total number of seats in M.Ch (Gastroenterology) is 1. The prospectus makes it clear that if there is no candidates in MESQ, it shall go to Health Service Quota and ultimately to the merit quota, if there are no candidates in the service quota. 2. It is also stated in the prospectus that service candidates, who have appeared or are appearing for the MD/MS examination can also apply and they should produce the PG Degree certificate at the time of counselling. W.P.(C).No.20905 of 2009 :: 2 :: 3. The petitioner had appeared for the MD Examination in June-July, 2009. The counselling for M.Ch was scheduled to be held on 25.7.2009. The results of the MD Examination were not published by 25.7.2009 and therefore, the petitioner could not produce the PG degree certificate. The sole seat in M.Ch in Surgical Gastroenterology, therefore, reverted to the merit quota and the additional 4th respondent was admitted to the said seat. The petitioner approached this court on 24.7.2009 seeking a direction to the 3rd respondent to issue the degree certificate on or before 29.7.2009 and also for a direction to the 1st respondent to grant time to the petitioner for the production of the degree certificate till 30.7.2009. 4. This court, on 27.7.2009, passed an order directing the petitioner to be provisionally admitted, if there are no other eligible candidates in the MES Quota. It seems that the 4th respondent had already been allotted and admitted on 25.7.2009. W.P.(C).No.20905 of 2009 :: 3 :: 5. A counter affidavit has been filed by the 2nd respondent as also the contesting respondent. 6. The clause in the prospectus, which says that candidates in the service quota should produce the PG Degree certificate at the time of counselling, is not challenged in this writ petition. Admittedly, the petitioner could not produce the PG Degree certificate on 25.7.2009. The action taken by the Director of Medical Education for treating the seat otherwise available to the MES Quota as reverted to the merit quota cannot be faulted. 7. Learned counsel for the petitioner submits that the counselling could have been adjourned by a few days, since the petitioner had given her PG examination in June, 2009 and the results thereof would any way have been declared in July, 2009. 8. learned Government Pleader points out that going by the guidelines issued by the MCI, the counselling for super speciality course had to be W.P.(C).No.20905 of 2009 :: 4 :: completed latest by 25.7.2009. The schedule fixed by the MCI cannot be permitted to be diluted by the Government and in fact, the said schedule is considered to be inflexible in view of the decision of the Supreme Court in Mrithul Dhar v. Union of India {2005(2) SCC 65}. One cannot find fault with the respondents in refusing to adjourn the counselling beyond 25.7.2009. 9. In these circumstances, I am not inclined to interfere with the action taken by the respondents, treating the additional 4th respondent as the sole eligible candidate on 25.7.2009 for admission to M.Ch in Surgical Gastroenterology. I find no merit in this writ petition and it is accordingly dismissed. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge