IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 WP(C).No. 20253 of 2011(F) -------------------------- PETITIONER(S): --------------- 1. DR.PAUL THOMAS,AGED 29,S/O. REV.FR.THOMAS M.PAUL,KOOLAKKATTU HOUSE, PALLIKKARA,KUMARAPURAM P.O, 683 565 (NOW WORKING AS JUNIOR CONSULTANT,TALUK HOSPITAL PERUMBAVOOR) 2. DR.RAGESH G,AGED 36,S/O.T.R.GOVINDAN NAIR,USHUS,GANDHI NAGAR P.O, KOTTAYAM 686 008. (NOW WORKING AS PHYSICIAN,ST.JOSEPHS HOSPITAL KOTHAMANGALAM). BY ADV. SRI.A.JAYASANKAR SRI.MANU GOVIND RESPONDENT(S): --------------- 1. THE GOVERNMENT OF KERALA,REPRESENTED BY ITS SECRETARY,DEPARTMENT OF HEALTH & FAMILY WELFARE, SECRETARIAT,THIRUVANANTHPURAM - 695 001. 2. THE DIRECTOR OF MEDICAL EDUCATION, TRIVANDRUM 695 001. 3. THE COMMISSIONER OF ENTRANCE EXAMINATIONS,TRIVANDRUM 695 001. 4. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM - 695 001. 5. THE MEDICAL COUNCIL OF INDIA, REPRESENTED BY ITS SECRETARY, POCKET 14,SECTOR 8,DWARAKA PHASE-1, NEW DELHI 110 075. ADV. SRI.ALEXANDER THOMAS, SC, MCI FOR R5 GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).20253/11 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE PROSPECTUS ISSUED BY 1ST RESPONDENT FOR POST- GRADUATE SUPER SPECIALITY COURSES KERALA EXT.P2 : COPY OF THE RANK LIST PUBLISHED BY THE 3RD RESPONDENT FOR DM CARIDIOLOGY PGSS MEDICAL COURSES (PROVISIONAL) EXT.P3 : COPY OF THE COMMUNICATION NO.B2/15555/2011/DME DATED 13.7.2011 ISSUED BY JOINT DIRECTIOR OF MEDICAL EDUCATION (M) EXT.P4 : COPY OF COMMON JUDGMENT IN W.P.(C).18833 OF 2011 (TRUE COPY) P.A TO JUDGE ANTONY DOMINIC, J .......................................... W.P.(C). 20253/2011 .......................................... Dated this the 26th day of July, 2011 JUDGMENT Distribution of seats for Post Graduate Medical Super Specialty Course (DM Cardiology) is under challenge in this writ petition. 2. Petitioners aspire for admission in the seats earmarked for the General Merit Quota. According to the petitioners, there are 18 seats available for the Course, out of which, two seats have been earmarked for Medical Education Service quota. It is stated that if the principles laid down by this Court in Ext.P4 were followed, such earmarking of seats was unnecessary. On this basis, petitioners contend that the allotment of quota to Medical Education Service should be held invalid. 3. However, petitioners themselves contend that there are at least two candidates eligible in the Medical Education service for admission to DM Cardiology unlike in the case dealt with by this Court in Ext.P4 judgment where none was available in the W.P.(C).20253/11 2 Medical Education Service, in the concerned discipline. In such circumstances, having regard to the requirements of qualified personnel in the Health Service, if the Government have decided to earmark two seats for Medical Education Service, such a decision cannot be held to be arbitrary or opposed to Ext.P4 judgment. Writ petition is dismissed. ANTONY DOMINIC, Judge mrcs