IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 WP(C).No. 36528 of 2008(W) ----------------------------------- PETITIONER(S): -------------------- 1. ARUNKRISHNAN.T.P, AGED,24 YEARS, S/O.KRISHNAN, INTERN DOCTOR, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE,KOZHIKODE, RESIDING AT THAYYIL PADANNAYIL HOUSE, THALAKULATHUR.PO, KOZHIKODE.PIN:673 317. 2. DEEPESH.D.M, AGED, 24 YEARS, S/O.MADHUSOODHANAN, INTERN DOCTOR,GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, KOZHIKODE,RESIDING AT "DWARAKA",PALLIMON.P.O, KOLLAM. 3. REENA.V, AGED 24 YEARS,W/O.DR.JERALD JAYAKUMAR, INTERN DOCTOR, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE,KOZHIKODE,RESIDING AT 24/1314, MINNU MAHAL, THALIKULANGARA, MANKAVU, CALICUT. 4. ANISHA.K.S, AGED, 24 YEARS, D/O.SURENDRAN.K.K, INTERN DOCTOR, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, KOZHIKODE, RESIDING AT HOUSE NO.81,WARD NO.7,NAGALASSERY.P.O, KOOTTANAD(VIA),PALAKKAD DISTRICT. 5. SRUTHI.V.M, AGED 23 YEARS, D/O.MURALEEDHARAN.V, INTERN DOCTOR, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, KOZHIKODE,RESIDING AT HOUSE NO.588, "MAYOOGHAM",AYYANVEETUCHALA, NANNIODE.P.O, PALAKKAD.PIN:678 534. 6. RUMSHEED.N, AGED 24 YEARS,S/O.AHMED KOYA T., INTERN DOCTOR, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, KOZHIKODE, RESIDING AT 'FALAH',HOUSE, PONANGHAT PARAMBA. 7. VIGEESH.N, AGED,25 YEARS, S/O.DR.VASUDEVAN,INTERN DOCTOR, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE,KOZHIKODE,RESIDING AT KUMBIDI NAMBRATH, M.G.NAGAR, V.K.KADAVU ROAD JUNCTION,NHANGHATTIRI.P.O, PALAKKAD DISTRICT, PIN:679 311. W.P.(C) NO.36528/2008 8. SHAHUL HAMEED.T, AGED 25 YEARS, S/O.UNNIMOIDEEN.T, INTERN DOCTOR,GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, KOZHIKODE,RESIDING AT KUNDUKULAM PARAMBIL, TRIPPANCHI, MALAPPURAM. PIN:673 641. 9. ANJU UNNIKRISHNAN, AGED 25 YEARS, D/O.VILASINI.P.P, INTERN DOCTOR, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE,KOZHIKODE, RESIDING AT "ANJALI",EDAYUR.P, VALANCHERY, MALAPPURAM DIST. PIN:676 554. BY ADVS. MR.P.T.DINESH MR.SUNIL.J RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, SANTHI NAGAR, HOUSING BOARD BUILDINGS, THIRUVANANTHAPURAM.1. 4. THE PRINCIPAL & CONTROLLING OFFICER, HOMOEOPATHIC MEDICAL EDUCATION, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, IRANIMUTTOM, THIRUVANANTHAPURAM.9. ADDL. R5 IS IMPLEADED. 5. THE PRINCIPAL, GOVERNMENT HOMOEOPATHIC COLLEGE, KARAPARAMBU, KOZHIKODE. ADDL. RESPONDENT NO.5 IMPLEADED VIDE ORDER DT. 19.12.08 IN IA. NO.16214/08. ADDL. R6 TO R10 ARE IMPLEADED 6. DR.JAYASREE P.V., D/O. P.G.VISWAMBHARN, AGED 30 YEARS, SREEPURAM HOUSE, DOWN HILL POST, MALAPPURAM DISTRICT. W.P.(C) NO.36528/2008 7. DR.INDU K., W/O. SAJIL KUMAR C.G., AGED 30 YEARS, SAYOOJAM, KUNNATHUPARAMBU, POOKKUNNU POST, KOZHIKODE DISTRICT. 8. DR.LEKHA D.S., D/O. DEVADASAN P.K., AGED 26 YEARS, CHENNUKUNNUMEL, MAMARATHOOR POST, PUTHUPANAM (VIA), VATAKARA, KOZHIKODE DISTRICT. 9. DR.ATHUL BABU RAJ, S/O. J.BABU ARAJ, AGED 25 YEARS, RAJ BHAVAN, KOTTIYAM P.O., KOLLAM 691 571. 10. DR.SANDHANARAJ, S/O. S.SIVAN, AGED 24 YEARS, 10/GG, PANAKKAPADAM HOUSE, KARSHAKA ROAD, VADUTHALA P.O., COCHIN 682 023. ADDL. R6 TO R10 ARE IMPLEADED VIDE ORDER DT. 5.2.09 IN IA. NO.1792/09. ADDL. R11 IS IMPLEADED. 11. DR.SHEENA A.B., D/O.M.ABDUL KAREEM, AGED 25 YEARS, NEDUNCAD, SABARAMATHI LANE, VENJARAMOOD, TRIVANDRUM PIN 695 607. ADD. R11 IS IMPLEADED VIDE ORDER DT. 5.2.09 IN IA. 1776/09. BY ADVS.MR.SUNNY MATHEW FOR ADDL.R5-9 MR.SUNNY MATHEW FOR ADDL.R10 SR. GOVERNMENT PLEADER SMT.N.SUDHA DEVI FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2009 , ALONG WITH WPC NO. 36529 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.36528/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE RELEVANT part of THE PROSPECTUS FOR ADMISSION TO POST GRADUATE DEGREE COURSES IN HOMOEOPATHIC (MD (HOMOEO)) FOR THE YEAR 2008-09 ISSUED BY THE 4TH RESPONDENT DT. 7.11.08. P2:- COPY OF THE NOTIFICATION FOR THE ENTRANCE EXAMINATION FOR ADMISSION TO POST GRADUATE DEGREE COURSES IN HOMOEOPATHY (MD HOMOEO), KERALA 08- 09 ISSUED BY THE 3RD RESPONDENT DT. 24.11.08. P3:- COPY OF THE RELEVANT PART OF THE PROSPECTUS FOR MEDICAL POST GRADUATE DEGRE/ DIPLOMA COURSES 2008 ISSUED BY THE DIRECTOR OF MEDICAL EDUCATION I/C. P3(a):- COPY OF THE NOTIFICATION DT. 20.2.08 BY THE 3RD RESPONDENT. P3(b):- COPY OF THE PRESS RELEASE DT. 4.3.08 BY THE 3RD RESPONDENT. P3(c):- COPY OF THE NOTIFICATION DT. 27.3.08 BY THE 3RD RESPONDENT. P4:- COPY OF THE RELEVANT PART OF THE PROSPECTUS FOR ADMISSION TO THE POST GRADUATE COURSE IN DENTAL SURGERY (MASTER OF DENTAL SURGERY) IN THE DENTAL COLLEGES 2008 ISSUED BY THE DIRECTOR OF MEDICAL EDUCATION (I/C).. P4(a):- COPY OF THE NOTIFICATION DT. 23.1.2008 ISSUED BY THE 3RD RESPONDENT. P5:- COPY OF THE RELEVANT PART OF THE PROSPECTUS FOR PPST GRADUATE DEGREE IN NURSING (M.SC.NURSING)-2007 DT. 25.3.08 ISSUED BY THE DIRECTOR OF MEDICAL EDUCATION. P5(a):- COPY OF THE NOTIFICATION FOR ENTRANCE EXAMINATION FOR ADMISSION TO POST GRADUATE DEGREE COURSES IN NURSING (MSC. NURSING)- 2007. P5(b):- COPY OF THE PRESS RELEASE DT. 24.5.08 ISSUED BY THE 3RD RESPONDENT. P6:- COPY OF THE RELEVANT PART OF THE PROSPECTUS FOR ADMISSION TO M.C.A. COURSE 2008-09 ISSUED BY THE 3RD RESPONDENT ON 5.5.08. P7:- COPY OF THE RELEVANT PART OF THE PROSPECTUS FOR ADMISSION TO LL.M COURSE 08-09 IN THE GOVERNMENT LAW COLLEGE, KERALA ISSUED BY THE 3RD RESPONDENT ON 13.6.08. P8:- COPY OF THE REPRESENTATION DT. 20.8.08 SUBMITTED BY THE INTERNS OF DR.PADIYAR MEMORIAL HOMOEOPATHIC MEDICAL COLLEGE AND ATHURASRAMAM N.S.S. HOMOEOPATHIC MEDICAL COLLEGE TO THE 3RD RESPONDENT. P8(a):- COPY OF THE REPRESENTATION DT. 20.8.08 SUBMITTED BY THE INTERNS OF DR.PADIYAR MEMORIAL HOMOEOPATHIC MEDICAL COLLEGE AND ATHURASRAMAM N.S.S. HOMOEOPATHIC MEDICAL COLLEGE TO THE 4TH RESPONDENT. W.P.(C) NO.36528/2008 P9:- COPY OF THE REPRESENTATION DT. 28.11.08 SUBMITTED BY 17 INTERN DOCTORS OF GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, KOZHIKODE TO THE PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE. P9(a):- COPY OF THE REPRESENTATION DT. 28.11.08 SUBMITTED BY 17 INTERN DOCTORS OF GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE KOZHIKODE TO THE PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION. P9(b):- COPY OF THE REPRESENTATION DT. 28.11.08 SUBMITTED BY 17 INTERN DOCTORS OF GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, KOZHIKODE TO THE COMMISSIONER OF ENTRANCE EXAMINATIONS. P10:- COPY OF THE LETTER NO.CEE/1929/08/TA3 DT. 29.11.08 BY the 3RD RESPONDENT. P11:- NIL. P12:- COPY OF THE LETTER NO.23/08/RTIA/GHMC DT. 16.12.08 BY THE STATE PUBLIC INFORMATION OFFICER OF GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, KOZHIKODE. P13:- COPY OF THE NOTIFICATION NO.CEE/1929/2008/MDH/TAIII DT. 16.1.09 BY THE 3RD RESPONDENT ALONG WITH THE RANK LIST (PROVISIONAL). P14:- COPY OF THE REGISTRATION CERTIFICATE NO.8421 DT. 30.12.08 ISSUED TO THE IST PETITIONER BY THE OFFICE OF THE TRAVANCORE COCHIN COUNCIL OF HOMOEOPATHIC MEDICINE. P14(a):- COPY OF THE REGISTRATION CERTIFICATE NO.8419 DT. 30.12.08 ISSUED TO THE 2ND PETITIONER BY THE OFFICE OF THE TRAVANCORE COCHIN COUNCIL OF HOMOEOPATHIC MEDICINE. P14(b):- COPY OF THE REGISTRATION CERTIFICATE NO.8420 DT. 30.12.08 ISSUED TO THE 4TH PETITIONER BY THE OFFICE OF THE TRAVANCORE COCHIN COUNCIL OF HOMOEOPATHIC MEDICINE. P14(c):- COPY OF THE REGISTRATION CERTIFICATE NO.8414 DT. 30.12.08 ISSUED TO THE 6TH PETITIONER BY THE OFFICE OF THE TRAVANCORE COCHIN COUNCIL OF HOMOEOPATHIC MEDICINE. P15:- COPY OF THE ENTIRE PROSPECTUS FOR ADMISSION TO POST GRADUATE DEGREE COURSES IN HOMOEOPATHY (M.D.( HOMOEO) FOR THE YEAR 08-09 EXCLUDING THE ANNEXURES. P16:- COPY OF THE RELEVANT PART OF THE PROSPECTUS FOR ADMISSION TO MEDICAL POST GRADUATE DEGREE/ DIPLOMA COURSES 09 ISSEUD BY THE DIRECTOR MEDICAL EDUCATION. P16(a):- COPY OF THE NOTIFICATION NO.CEE/2961/PGM/2008/TAIV DT. 19.12.08 ISSUED BY the COMMISSIONER FOR ENTRANCE EXAMINATIONS. W.P.(C) NO.36528 P17:- COPY OF THE RELEVANT PART OF THE PROSPECTUS FOR ADMISSION TO THE POST GRADUATE COURSES IN DENTAL SURGERY (MASTER OF DENTAL SURGERY) IN THE DENTAL COLLEGES 09 ISSUED BY THE DIRECTOR OF MEDICAL EDUCATION. P17(a):- COPY OF THE NOTIFICATION NO.CEE/2355/08/MDS/TAIV DT. 13.12.08 ISSUED BY THE COMMISSIONER FOR ENTRANCE EXAMINATIONS. P18:- COPY OF THE CERTIFICATE NO.29/09/RTII/GHM DT. 24.2.08 BY THE STATE PUBLIC INFORMATION OFFICER, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, KOZHIKODE. P19:- COPY OF THE CERTIFICATE DT. 28.2.09 BY THE PRINCIPAL DR.PADIYAR MEMORIAL HOMOEOPATHIC MEDICAL COLLEGE, CHOTTANIKKARA. P20:- COPY OF THE CERTIFICATE NO.4013/DPMHMC/2009 DT. 28.2.09 BY THE PRINCIPAL DR.PADIYAR MEMORIAL HOMOEOPATHIC MEDICAL COLLEGE , CHOTTANIKKARA. TRUE COPY P.S. TO JUDGE TSS (C.R.) P.R. RAMACHANDRA MENON, J. ........................................................................ W.P. (C) No. 36528 OF 2008 & W.P.(C)No. 36529 of 2008 ......................................................................... Dated this the 11th March, 2009 J U D G M E N T The challenge in both these Writ Petitions is with regard to the fixation of the last date for completing the Internship as on '31.10.2008' in Ext.P1 prospectus issued by the fourth respondent with regard to the admission to the Post Graduate Course of M.D.(Homoeo) offered in the Government Homoeopathic Medical Colleges at Thiruvananthapuram and Kozhikode. The petitioners in W.P.(C) No. 36528 of 2008 have completed their Degree Course-B.H.M.S. in the Government Homoeopathic Medical College, Kozhikode under the Calicut University; whereas the petitioners in the other case have completed the similar course in different institutions such as Dr. Padiar Memorial Homoeopathic Medical College, Chottanikkara and Athurasramam N.S.S. Homoeopathic Medical College, Kottayam, both under the M.G. University. All the above petitioners secured admission to the B.H.M.S. Course in the year W.P. (C) No. 36528 OF 2008 & W.P.(C)No. 36529 of 2008 2 '2002' based on the 'common entrance test' conducted by the third respondent and the allotment to the different colleges under different Universities was of course on the basis of the merit and option exercised by such candidates. 2. As evident from Ext. P12 produced in W.P(C) 36528 of 2008, the date of starting of the B.H.M.S.- 2002 batch in the Government Homoeopathic Medical College was on 17.09.2002, the date of the first year examination of the above batch was on 16.06.2004 and the dates of promotion to the second year, third year and to the fourth year B.H.M.S. were 04.10.2004, 04.10.2005 and 04.10.2006 respectively. It is also evident from Ext.P12 that the final year examination was conducted on 04.10.2007 and the final year result was published on 27.11.2007. After coming out successful in the final year examination, the petitioners obtained their provisional degree W.P. (C) No. 36528 OF 2008 & W.P.(C)No. 36529 of 2008 3 certificate, on the basis of which they secured provisional registration from the Travancore-Cochin Council of Homoeopathic Medicines, which is a pre-requisite for commencement of 'Internship', and it was actually started on 06.12.2007 as shown in Ext.P12. The Internship was completed on 05.12.2008 . On the basis of such credentials, the petitioners are seeking admission for the Post Graduate Course in M.D. (Homoeo) as stated herein before. 3. With regard to the petitioners in W.P(C) 36529 of 2008, similar statistics are available from Exts. P11 and P12 issued by the concerned Medical Colleges . As borne by Ext.P11 issued by Dr. Padiar Memorial Homoeopathic Medical College, the Internship for 2002-08 batch was commenced only on 18.01.2008 and the normal duration of One Year Internship as per the norms of the Central Council of Homoeopathy was to be over only on 17.01.2009. As stated therein, the final year W.P. (C) No. 36528 OF 2008 & W.P.(C)No. 36529 of 2008 4 B.H.M.S. Class was completed only on 09.07.2007; the result of the final year examination was published on 11.01.2008 and the date of provisional registration given by the Medical Council was on 15.01.2008, thus enabling the students to have commenced their Internship on 18.01.2008 and in turn completed the Internship on 17.01.2009. In the case of the other Medical College ( viz., Athurasramam N.S.S.Medical College, Kottayam), the position reflected from Ext.P12 is that the 4th year B.H.M.S.Course was completed on 13.07.2007; the date of publication of the final year result was on 08.01.2008; the date of commencement of Internship was on 19.01.2008, which was over on 18.01.2009 4. As per the relevant rules/norms fixed by the 4th respondent/the Principal who issued Ext.P1 prospectus, the students who are undergoing Internship are also eligible to attend the written test/selection process. Accordingly, the W.P. (C) No. 36528 OF 2008 & W.P.(C)No. 36529 of 2008 5 petitioners had also submitted their applications for admission to the Post Graduate Degree course in M.D. (Homoeo). But there is a stipulation in Ext. P1 prospectus issued on 07.11.2008 that only such students who completed their Internship on or before 31.10.2008 alone would be eligible for admission subject to the condition that they should produce the Medical Council Registration Certificate at the time of admission. By virtue of above stipulation, the petitioners were never permitted to take part in the written test, which made them to approach this court by filing the above Writ Petitions contending that the said stipulation fixing the last date for completing the internship as 31.10.2008 does not have any sanctity or nexus with any of the objectives to be achieved in selection. 5. Referring to the various documents produced and the tabulation given in the Writ Petitions with regard to the different courses and prescription of the last date for completion of W.P. (C) No. 36528 OF 2008 & W.P.(C)No. 36529 of 2008 6 Internship, the learned counsel for the petitioners submits that in almost all the cases, the date of completion of Internship is specified to be a date much after the date of written test and more closer to the date of the centralised admission procedure, ( the interview). Unlike this, in the instant case, the last date for completion of Internship is stated as 31.10.2008, that too in the prospectus published much after the said date, ie. on 07.11.2008. The learned counsel for the petitioners asserts that the proceedings pursued by the 4th respondent are quite arbitrary and unsustainable, intending to extend undue favours to the students of the Kerala University, in so far as the present Controller of Examinations happened to be the Principal of the Thiruvananthapuram Homoeopathic Medical College. It is contended that no discrimination is possible, since the students of the Kerala University also belonged to the same batch as in the case of the petitioners and who had secured admission to the W.P. (C) No. 36528 OF 2008 & W.P.(C)No. 36529 of 2008 7 Degree Course (B.H.M.S) by virtue of the Common Entrance Test conducted in the year 2002, though they completed the Internship on 27.10.2008. 6. The above Writ Petitions were admitted by this court on 15.12.2008 and an interim order was granted permitting the petitioners to participate in the entrance examination for the Post Graduate Course for the year 2008-09, which was scheduled to be held on 10.01.2009, notwithstanding the stipulation that they had to complete the Internship on or before 31.10.2008. Based on the said interim order, the petitioners took part in the examination and only the petitioners 1, 2, 4 and 6 in W.P.(C) 36528 of 2008 and the petitioners 6, 7, 10, 12 and 14 in the other Writ Petition could come out successful. Such successful candidates filed an Interlocutory Application before this court for permitting them to participate in the further process of selection, i.e., in the Centralised Admission Procedure to be held W.P. (C) No. 36528 OF 2008 & W.P.(C)No. 36529 of 2008 8 in the due course. When the matter came up for consideration before this court, considering the request of the respondents for further time to file counter affidavit, a further period of two weeks was granted as per the interim order dated 20.02.2009, simultaneously staying the allotment and admission to the Post Graduate Course of M.D. (Homoeo) for a period of two weeks, which was subsequently extended by ten days as per the order dated 03.03.2009. 7. The 4th respondent/controlling officer has filed a counter affidavit sustaining the stand in fixing the cut off date for completing the Internship as 31.10.2008. A reply affidavit along with some additional document (Ext.P18) has been filed by the petitioners rebutting the averments in the counter affidavit. The case projected by the 4th respondent in the counter affidavit is that fixation of the cut off date as 31.10.2008 was never to extend any undue favours to the students of the Kerala W.P. (C) No. 36528 OF 2008 & W.P.(C)No. 36529 of 2008 9 University, as alleged by the petitioners but that 31st of October was being fixed as the cut off date, right from the year 2006 to ensure that all the Universities in the State of Kerala conducted the examinations on time and thus in the larger interest of the student community as a whole so as to make them eligible to pursue their further career. It is asserted in paragraph No.3 of the counter affidavit that inclusion of the above criterion was to make admissions to the Post Graduate courses in a more prompt, systamatic and regularised manner in the subsequent years and that similar cut off dates have been prescribed with respect to other Post Graduate Courses as well. The counter affidavit is obviously silent as to the practice and procedure which was followed till 2006 and no special sanctity is offered with regard to fixation of the cut off date as “31st of October” from the year 2006. 8. It is stated in paragraph No.5 of the counter affidavit W.P. (C) No. 36528 OF 2008 & W.P.(C)No. 36529 of 2008 10 that the entrance examinations for M.D. Course (Homoeo) in 2006 and 2007 were conducted on 11.11.2006 and 22.12.2007 respectively and that the students from all the Universities in Kerala had written the entrance examination and no complaints had arisen regarding the cut off date at that time. The learned counsel for the petitioners contends that the fourth respondent has taken a somersault in the very next sentence where it has been conceded that in the year 2006, the students of the Calicut University who became qualified on 28.12.2006 were unable to write the P.G. Entrance Examination and that in the year 2007 those who became qualified on 26.12.2007 also could not write the same. This shows that there is absolutely no consistency in the case put forth by the 4th respondent, submits the learned counsel. 9. Learned Senior Government Pleader submits that there is no contradiction or inconsistency with regard to the stand W.P. (C) No. 36528 OF 2008 & W.P.(C)No. 36529 of 2008 11 taken by the respondents and what was intended was participation of the eligible students who satisfied the requirement of Internship prior to the cut off date . But then the question becomes relevant as to the position/rule which was actually in existence just prior to 2006, which is left unanswered and obscure, making the concerned students ineligible to appear for the P.G. Entrance Examination when the cut off date was admittedly brought in stipulating the same as 31st October from the year 2006 onwards. As stated already, the only explanation offered by the 4th respondent for fixing the cut off date as 31st October, (as stated again in paragraph Nos.8 and 10 of the counter affidavit), is that it was to compel the Universities to adhere to the time schedule in conducting the examinations and to protect the larger interest of the students appearing for the P.G. Entrance Examination in Homoeopathy. 10. Obviously, the dispute in these cases is not with W.P. (C) No. 36528 OF 2008 & W.P.(C)No. 36529 of 2008 12 regard to the power of the concerned respondents to prescribe cut off date for completion of Internship, but is rather with regard to the reckoning of the cut off date as '31.10.2008'; when the 4th respondent who issued the prospectus on 07.11.2008 showing the cut off date as 31.10.2008 was well aware that all the students of 2002-08 batch had secured admission in the different Medical Colleges in Kerala on the basis of the Common Entrance Test and on the basis of their merit/option. There is absolutely no case for the concerned respondent that there was any fault or lapse on the part of the students in completing the course/examination/Internship. Equally or more so is the position, when no specific case or instance is pointed out as to any delay on the part of any of the concerned College or University in conducting the examinations or Internship on time. When the 4th respondent asserts that prescription of the cut off date as 31.10.2008 was with the W.P. (C) No. 36528 OF 2008 & W.P.(C)No. 36529 of 2008 13 specific intention to persuade or compel the Universities to complete the course and examinations, followed by internship on time, absolutely no answer has been given to the question as to whether there was any failure on the part of any of the Universities in this regard. In any view of the matter, as stated above, no fault or lapse on the part of the petitioners/students is pointed out by the 4th respondent. 11. It is not known, how any blame can be put on the shoulders of the petitioner, so as to keep them away from the field of selection with regard to the admission for P.G. Course (M.D.-Homoeo); simultaneously confining the zone of consideration to a very small group of students who belong to the Kerala University and who were fortunate to have their Internship completed on 27.10.2008, i.e., just four days prior to the cut off date fixed by the fourth respondent . In other words, the students, who have completed their course in different W.P. (C) No. 36528 OF 2008 & W.P.(C)No. 36529 of 2008 14 colleges under the different Universities in Kerala; despite the fact that they were selected and allotted to such Institutions/Universities on the basis of the Common Entrance Test and selection procedure pursued by the Government/Departmental authorities, ( who, hence are liable to be treated on an equal platform), have quite unfortunately been classified in an unreasonable manner, though may not be wilful, which has resulted in very adverse consequences in so far as the rights and interests of the affected persons are concerned. 12. The additional respondents 6 to 10 in W.P.(C) No.365289 of 2008 and 5 to 9 in the other Writ Petition who got impleaded themselves contend that they (belonging to the Kerala University) having completed the Internship on 27.10.2008, alone are eligible to be considered for selection to the P.G. Course in view of the specific mandate in Ext.P1 W.P. (C) No. 36528 OF 2008 & W.P.(C)No. 36529 of 2008 15 prospectus. The said additional respondents further contend that the claim of the petitioners herein is not liable to be entertained, particularly since the stipulation contained in Ext.P1 prospectus cannot be varied or modified in any manner. The learned counsel for the petitioners submits that impleadment of the above respondents was objected right at the beginning and even otherwise, they cannot be heard to say that they have got any vested right to have the zone of consideration confined to themselves, excluding all others; especially when no candidate is having any vested right to get admission on the basis of the prospectus, as made clear by this court in the decision in Relly Susan Mathew vs. The Controller of Entrance Examinations and others [1997(2) ILR (Kerala) 489] (paragraph 15). 13. It is relevant to note that some of the petitioners anticipating the adverse circumstances, had filed Ext.P8 and P8 W.P. (C) No. 36528 OF 2008 & W.P.(C)No. 36529 of 2008 16 (a) representations dated 20.08.2008 before the 4th respondent i.e., even much prior to coming into existence of Ext. P1 prospectus itself, seeking to make proper remedial measures: lest their rights and interests should be affected in an adverse manner, when compared with the similar rights of other students who secured admission to the 2002-08 batch B.H.M.S., on the basis of the Common Entrance Test and who were allotted to different Institutions under different Universities. Nothing has been stated in the counter affidavit filed by the 4th respondent as to the manner in which Exts.P8 and P8(a) representations were dealt with and at any rate, it cannot be said that the 4th respondent was not aware of the adverse consequences that would be resulted. Quite strangely, the 4th respondent chose to publish Ext.P1 prospectus on 07.11.2008 stipulating a cut off date as '31.10.2008'. Again some other petitioners/students filed Ext. P9 representation before the Government seeking to W.P. (C) No. 36528 OF 2008 & W.P.(C)No. 36529 of 2008 17 intervene on war footing in view of apprehended adverse consequences to be followed. Clauses 25 and 26 of Ext.P1 prospectus which are relevant as to the power of the Government to intervene, are extracted below : Clause 25: “Notwithstanding anything contained in the prospectus the Government may at any time, on their own volition or otherwise after calling for the records of the case, revise any orders passed by a subordinate authority. Clause 26: “The prospectus is subject to modification/addition/deletion as may be deemed necessary by the Government.” 14. From the above, it is explicitly clear that the Government had at no point of time on their volition or W.P. (C)