IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 WP(C).No. 1716 of 2010(L) ------------------------- PETITIONER(S): --------------- DR.S.SREEJEEV,AGED 44 YEARS, S/O.P.SREENIVASAN,MEDICAL OFFICER,DEPARTMENT OF HOMOEOPATHY,GOVERNMENT HOMOEO DISPENSORY, CHERPPUNKAL,KOTTAYAM DISTRICT,RISIDING AT "SANTHANIVAS",ALUMKADAVU.PO,KARUNAGAPPALLY, KOLLAM-690 573. BY ADV. SRI.P.T.DINESH SMT.REKHA VASUDEVAN RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT,DEPARTMENT OF HEALTH AND FAMILY WELFARE,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER FOR ENTRANCE EXAMINATIONS,SANTHI NAGAR,HOUSING BOARD BUILDINGS, THIRUVANANTHAPURAM-1. 3. THE PRINCIPAL & CONTROLLING OFFICER, HOMOEOPATHIC MEDICAL EDUCATION,GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE,IRANIMUTTOM, THIRUVANANTHAPURAM-9. GOVERNMENT PLEADER, SHRI P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.1716/2010-L ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 27th day of January, 2010 J U D G M E N T The petitioner herein is a Medical Officer under the Department of Homoeopathy, presently serving at Government Homoeo Dispensary, Cherppunkal in Kottayam District. He is an aspirant for admission to the Post Graduate Courses in Homoeopathy offered in Government Homoeopathic Medical Colleges at Thiruvananthapuram and Kozhikode in the seat reserved for Rural Service Candidates. Actually, one seat for M.D.(Homoeo) is reserved for Homoeopathy Philosophy going by the prospectus for the year 2009-10. Ext.P1 is the copy of the said prospectus. It is averred in the writ petition that the petitioner is aggrieved by the stipulation contained in the prospectus that no option of place will be exercised to the service candidates including candidates under Rural Service quota. Seeking for an appropriate amendment of the prospectus, he has filed Ext.P7 representation before the Government. He is also relying upon the prospectus of other categories of medical professions, Exts.P3 to P6, wherein priority and provision in selecting courses and colleges are offered to service quota candidates. W.P.(C). No.1716/2010 -:2:- 2. The learned Government Pleader on instructions submitted that going by the distribution of seats only 36 seats are available and, the distribution is shown in the internal page (5) of Ext.P1 prospectus. Only one seat is available under the Rural Service Quota. The same will be a resultant vacancy after the preference in respect of clauses 5.1 to 5.4.b are exhausted. Therefore, it cannot be positively earmarked in favour of a particular college. 3. The learned counsel for the petitioner prayed that the Government may be directed to consider Ext.P7 and pass appropriate orders after hearing the petitioner also. 4. I am not going into any of the respective contentions of the parties. There will be a direction to the first respondent to take a decision on Ext.P7 after hearing the petitioner also within a period of one month from the date of receipt of a copy of this Judgment. The petitioner will produce a copy of the writ petition along with a copy of the Judgment before the first respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms