IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 WP(C).No. 35879 of 2008(U) ---------------------------------- PETITIONERS: ----------------- 1. AKULA.S., AGED 19 YEARS, D/O.B.SREEKUMARAN NAIR, RESIDING AT INDEEVARAM, KARIYAM, SREEKURIYAM P.O. TRIVANDRUM - 17. 2. VIJEESH V.S., AGED 17 YEARS, S/O.B.VIJAYAN, V.S.BHAVAN, KUNNUVARAM, ATTINGAL P.O., TRIVANDRUM - 695 101, REPRESENTED BY B.VIJAYAN, AGED 52 YEARS, S/O. BHASKARAN.V., V.S.BHAVAN, KUNNUVARAM, ATTINGAL P.O., TRIVANDRUM - 695 101. 3. IRSHIDA BEEGUM T.V., AGED 20 YEARS, D/O.IBRAHIM, THAZHETHEVEETTIL, NADUVATHU P.O., WANDOOR, MALAPPURAM DISTRICT - 679 328. 4. BANEESH N.K., AGED 20 YEARS, S/O.SULAIMAN N.K., KKM HOSPITAL QUARTERS, NALLALAM P.O., MODERN, CALICUT - 673 027. 5. HAFEEFA M., AGED 18 YEARS, D/O.ABDUL RAHMAN, PALAYAMPARAMBIL, PALAKKADU P.O, KUZHIMANNA VIA., MALAPPURAM DISTRICT. BY ADV. SRI.JOSE PALLATTUKARAN SRI. S.K. MURALEEDHARA KAIMAL RESPONDENTS: ------------------ 1. COMMISSIONER OF ENTRANCE EXAMINATIONS, HOUSING BOARD BUILDING, SANTHINAGAR, THIRUVANANTHAPURAM. WP(C).No. 35879/2008 ...2... 2. ASEEZIA INSTITUTE OF MEDICAL SCIENCES AND RESEARCH, MEYYANNOOR P.O., KOLLAM - 691 537 REPRESENTED BY ITS MANAGING TRUSTEE. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF MEDICAL EDUCATION (HEALTH), GOVERNMENT SECRETARIAT, TRIVANDRUM. 4. JUSTICE P.A.MOHAMMED COMMITTEE, SELF FINANCING COLLEGE COMMISSION, OLD HIGH COURT BUILDING, ERNAKULAM. 5. PRINCIPAL, ASEEZIA INSTITUTE OF MEDICAL SCIENCES AND RESEARCH, MEYYANNOOR P.O. KOLLAM - 691 537. 6. DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, TRIVANDRUM. ADV. SRI. KURIAN GEORGE KANNANTHANAM (SR.) FOR R5 GOVERNMENT PLEADER SRI. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).35879/2008 -------------------- Dated this the 10th day of December, 2008 JUDGMENT Petitioners appeared for the entrance examination conducted by the first respondent, for admission to the professional degree course in the year 2008. They aspire for admission to the MBBS course. First petitioner joined for BDS course in the Government Dental College, Thiruvananthapuram. Second petitioner has been waiting for admission to the professional degree course and the third petitioner joined BAMS course in a self financing college. Petitioners 4 and 5 joined the BDS course in the Government Dental College, Calicut. 2. By Ext.P3 order, admissions to the MBBS course have to be normally completed by 30.9.2008, going by the deadline fixed in this regard as per the regulations framed by the Medical Council of India and directed to be implemented by the Supreme Court. W.P.(C).35879/2008 2 3. A new self financial college, the second respondent, was given approval by the Central Government recently. But, since such approval came about only after the Commissioner for Entrance examination had issued a final list of allotment to the various Government and self financing Colleges in the State, no students were allotted in favour of the second respondent. It seems that some aggrieved students approached the Supreme Court and by Ext.P3 order, Supreme Court issued certain directions to the Commissioner of Entrance examinations and also the second respondent. Directions read as follows:- (i). The Commissioner of Entrance Examinations, Kerala, is directed to provide a list of 50 students strictly on the basis of merit, eligibility conditions and subject to the internal rules applicable to the admission process. The Commissioner of Entrance Examinations is also directed to give W.P.(C).35879/2008 3 another list of students who are willing to pay higher fees which is stated to be Rs.4.5 Lakhs. (ii). The college is directed to complete the admissions on or before 5th December, 2008 and the Commissioner of Entrance Examinations shall provide the list of students on or before 25th November, 2008. (iii). It is made clear that if still there are any vacant seats, the college shall be at liberty to admit the students from amongst the successful ones in the entrance examination allegedly conducted by it. (iv). The college will regulate the admission process accordingly. (v). It is further made clear that the Commissioner of Entrance Examinations would be at liberty to make alternative arrangements to regulate the admissions regarding other professional courses as some other seats in Dental W.P.(C).35879/2008 4 or other courses are likely to fall vacant. (vi). The College shall furnish final list of Justice Muhammed Committee by 10.12.2008. 4. Pursuant to the directions issued by the Supreme Court, the Commissioner of Entrance Examinations issued an order of allotment on 25.11.2008, and drew up a list of 50 students on the basis of merit, to be allotted to the merit quota in the second respondent. Admittedly, petitioners were not included therein. It seems that the list so drawn up by the Commissioner on 25.11.2008, was enforced. But it further seems that five among the students, who were included in the said list, did not turn up before the second respondent. Thus there arose five vacancies. The Commissioner took note of the same and drew up a revised list on 29.11.2008. Petitioners were included in the said revised list. Commissioner required the second respondent to operate the said revised list of five candidates. Second respondent W.P.(C).35879/2008 5 replied stating that clause 3 of the directions issued by the Supreme Court gave them liberty to fill up the vacancies, arising from the non-reporting of any candidate included in the list drawn up by the Commissioner on or before 25.11.2008 by admitting students from the list drawn up by them pursuant to an entrance examination stated to have been conducted by them. Accordingly, they retained five among the students whom they had originally admitted (which presumably must have been done even before the Supreme Court had passed Ext.P3 order). In the result, second respondent took up a stand that they are not in a position to admit the petitioners, since they were not included in the first list of allotment drawn up by the Commissioner pursuant to Ext.P3 orders of the Supreme Court. It is this which has been challenged in the writ petition. 5. I heard Mr.Muraleedhara Kaimal, learned counsel for the petitioner, Mr.Kurian George Kannamthanam, W.P.(C).35879/2008 6 learned senior counsel appearing on behalf of respondents 2 and 5 and learned Government Pleader. 6. Admittedly, petitioners were not included in the first list of allotment drawn up by the Commissioner. If that be so, vacancies which arise there from, in the first list, could be filled up by the Management in terms of clause 3 of the directions issued by the Supreme Court. The Management is given liberty to fill up those seats. 7. Learned counsel for the petitioners submits that since the deadline fixed by the Supreme Court is 5.12.2008, Management is bound to honour the second list of allotment drawn up by the Commissioner on 29.11.2008. I am unable to accept the submission. If there are vacancies in spite of the first list of allotment to be drawn up by the Commissioner on or before 25.11.2008, right is given to the Management to fill up those seats in terms of direction No.3 in Ext.P3 order. This they have purported to do. If that be so, it cannot W.P.(C).35879/2008 7 be said that the admission of such students by the Management is illegal. In my view, the second allotment as now claimed by the petitioners, could be recognized only by the Supreme Court. Obviously, this Court cannot, read anything into the directions issued by the Supreme Court. I am unable to find any illegality in the action taken by the Management. In these circumstances, I find myself unable to issue any directions as sought for by the petitioners. Writ petition is accordingly dismissed. V.GIRI, Judge mrcs