IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 29TH JUNE 2010 / 8TH ASHADHA 1932 WP(C).No. 18684 of 2010(I) --------------------------------------- PETITIONER(S): ------------------------- PRAVEENA P. RENGA NIVAS, CSEZ PO, KAKKANAD, KOCHI 37. BY ADV. SRI.ASOK M.CHERIAN RESPONDENT(S): --------------------------- 1. CO-OPERATIVE ACADEMY OF PROFESSIONAL EDUCATION (CAPE), IST FLOOR, CO BANK TOWERS THIRUVANANTHAPURAM, PIN- 695 033, REPRESENTED BY ITS DIRECTOR. 2. THE CO-OPERATIVE MEDICAL COLLEGE (CMC KOCHI), KALAMASSERY, KOCHI, REPRESENTED BY ITS MEDICAL DIRECTOR. 3. MEDICAL COUNCIL OF INDIA (MCI) POCKET-14, SECTOR-8, DWARKA, NEW DELHI- 110 077 REPRESENTED BY ITS SECRETARY. 4. STATE OF KERALA, REPRESENTED BY ITS SECRETARY CO-OPERATIVE DEPARTMENT, SECRETARIATE THIRUVANANTHAPURAM. 5. VINEETHA. G MURIYATH HOUSE, MAMANGALAM, PALARIVATTAM PO, KOCHI -25. R1 BY ADV. SRI.THOMAS ABRAHAM,SC,CO.OP ACADEMY. R3 BY ADV. SRI.ALEXANDER THOMAS, SC, MCI. R4 BY GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No.18684 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of June, 2010 J U D G M E N T The petitioner holds Rank No. 5 in Ext.P6 Rank list published for the selection to the post of Tutors in the Department of Microbiology in the Co-operative Medical College, Kochi. This writ petition has been filed mainly with a prayer to declare that the petitioner is entitled to be appointed as Tutor in Microbiology in the 2nd respondent Medical College in preference to the 5th respondent. The claim of the petitioner is that she is the next eligible OBC candidate in Ext.P6 Rank list to be appointed against the next vacancy. In fact the petitioner has filed this writ petition challenging the appointment of the 5th respondent as against the vacancy under OBC quota. 2. The learned Standing counsel for the first respondent upon instructions submitted that the 5th respondent was removed from Ext.P6 rank list, on finding that she is not eligible to be included in the Rank list. Thus, the main grievance of the petitioner has been redressed. Now, it is up to the first respondent to fill up the available vacancy from Ext.P6 list in the light of the rules governing appointment of its staff. WPC.18684/2010 : 2 : 3. The learned counsel appearing for the first respondent submits that the petitioner will be free to approach the first respondent raising her claims and contentions. Therefore, this writ petition is disposed of granting liberty to the petitioner to approach the first respondent raising her claims and contentions by filing a proper representation. In case, the petitioner prefers such a representation within two weeks from today, the same shall be considered by the first respondent before filling up the available vacancy in the post of Tutor in Medical College. Needless to say that while considering the claim of the petitioner, the entitlement of others in Ext.P6 rank list shall also be considered. In other words, it is up to the first respondent to identify the eligible candidate from Ext.P6 list, in terms of the relevant rules, for filling up the vacancy of Tutor now available in the second respondent Medical College. Writ Petition is disposed of accordingly. (C.T. RAVIKUMAR, JUDGE) jma