IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 26383 of 2008(N) -------------------------- PETITIONER(S): ------------------------- 1. AKASH LAL M., S/O VAPPAN, AGED 24 YEARS, MANEERI HOUSE, MANJAPPARA, NARIKUNDU P.O., AMBALAVAYAL, WAYANAD, PIN 673 593. 2. SWAPNA MOL P, D/O SUBRAMANNIAN, AGED 28 YEARS, KARRUMUNDA HOUSE, PATHALINGAL, MEPPADAM, P.O., MALAPPURAM. BY ADV. SRI.BIJU M.JOHN RESPONDENT(S): ---------------------------- 1. THE DIRECTOR , DIRECTORATE OF AYURVEDA MEDICAL EDUCATION, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.26383 of 2008 ------------------------- Dated this the 10th day of November, 2008. JUDGMENT The petitioners, belonging to the Scheduled Caste community, aspire for admission for P.G. Ayurveda Course. Their complaint was that the State has not correctly distributed the seats available to the P.G. Ayurveda and those seats meant to be set apart to those candidates. 2. A counter affidavit has been filed by the 1st respondent. A tabular statement of the total number of seats and the distribution done thereunder is given therein. Paragraph 5 of the said affidavit reads as follows: “5. The percentage of reservation for SC/ST candidates is 10% (8% for SC and 2% for ST). The percentage of reservation for the SC/ST candidates is to be calculated proportionate to the Merit Seats and not from the total seats available for the M.D.(Ay.) course. The total seats available of M.D.(Ay) course is 110 seats. This includes seats reserved under teacher's quota (15 seats), Medical Officer Quota (4 seats), Lakshadweep administration (1 seat) and candidates from outside state (22 seats). The total seats reserved under the 4 category mentioned above are 42. The remaining seats after deducting the seats W.P.(C).NO.26383 /08 :: 2 :: reserved for the 4 categories are termed as merit seats. The reservation for the SC/ST candidates can be effected only in merit seats. The merit seats available for M.C(Ay) course for the year 2008-09 is 68. The SC/ST candidates are eligible for 10% reservation. The 10% of 68 is 6.8. The 6.8 is rounded to 7. Hence the SC/ST candidates are eligible for reservation for M.D.(Ay) course in 7 seats only. (6 SC candidates and 1 ST candidates). 3. There is no reply affidavit by the petitioner. I am satisfied that the distribution of seats to P.G.Ayurveda course, including the allotment of seats to SC/ST, has been done in terms of the prospectus. There is no material to infer any contrary position. In the result, I do not find any merit in the writ petition. It is accordingly dismissed. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge