IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 WA.No. 1407 of 2011 ( AGAINST THE JUDGEMENT IN WPC.23639/2011) APPELLANT/PETITIONER: DR. DHARMARAJAN C., S/O. CHELLAPPAN K., ASSISTANT SURGEON, COMMUNITY HEALTH CENTRE, ATTINGAL, WORKING ARRANGEMENT, WORKING IN TALUK HOSPITAL, NEYYATTINKARA, THIRUVANANTHAPURAM, RESIDING AT SAROVARAM, SRICHITHRA NAGER, PONGODE, THIRUMALA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.B.MOHANLAL RESPONDENTS/RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. THE DIRECTOR, HEALTH AND FAMILY WELFARE DEPARTMENT, GENERAL HOSPITAL JUNCTION, STATUE, THIRUVANANTHAPURAM – 1. 3. THE DIRECTOR OF MEDICAL EDUCATION, GOVERNMENT OF KERALA, MEDICAL COLLEGE CAMPUS, MEDICAL COLLEGE CAMPUS P.O.,, THIRUVANANTHAPURAM – 695 001. 4. THE COMMISSIONER OF ENTRANCE EXAMINATIONS, SHANTHI NAGAR, THIRUVANANTHAPURAM- 695 001. 5. THE PRINCIPAL, MEDICAL COLLEGE, KOTTAYAM – 686 506. 6. DR. SILJO JOSE, KALATHOOR HOUSE, PONKUNNAM P.O., KOTTAYAM – 686 506. ADDITIONAL RESPONDENT NO. 7: Dr. PAUL THOMAS AGED 29 YEARS, S/O. REV. Fr. THOMAS M. PAUL, MOOLAKKATTU HOUSE, MORAKKALA, PALLIKKARA, KUMARAPURAM P.O., KOCHI – 683 565. SR. GOVERNMENT PLEADER SMT. D. MEERA. R7 BY ADVS. M/S. A.JAYASANKAR, MANU GOVIND, & SRI.V.H.NOUFALMON. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX RESPONDENT'S EXHIBITS: EXT. R7(a) TRUE COPY OF THE COMMUNICATION DATED 29.9.2011 FROM THE DIRECTORATE OF MEDICAL EDUCATION TRIVANDRUM. EXT.R7(b) TRUE COPY OF THE ADMISSION CHIT DATED 30.9.2011 FROM THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, KOTTAYAM. EXT.R7(c) TRUE COPY OF LETTER DATED 8.8.2011 FROM THE APPELLANT TO THE PRINCIPAL, MEDICAL COLLEGE, KOTTAYAM OBTAINED BY ADDL. RESPONDENT UNDER RTI ACT. // TRUE COPY // P.S. TO JUDGE. KNC/- C.N. RAMACHANDRAN NAIR Ag. C.J.& P.S. GOPINATHAN, J. = = = = = = = = = = = = = = = = = = W.A. NO. 1407 OF 2011 = = = = = = = = = = = = = = = = = = DATED THIS, THE 12TH DAY OF OCTOBER, 2011. J U D G M E N T C.N. Ramachandran Nair, Ag. C.J. Heard counsel for the appellant, Government Pleader and the counsel appearing for the respondent additionally impleaded. 2. The appellant, a medical doctor in Health Service applied for admission to Post Graduate Super specialty Course, 2011. He has secured admission for D.M. Cardiology at Kottayam Medical College. On account of some tragedies in his family, he had to discontinue his studies. However, shortly thereafter he wanted to resume studies, but by then, the seat was allotted to the next eligible candidate from inservice quota and he has joined. So much so, appellant could not be accommodated. Even though the prayer in the writ petition before the learned Single Judge was to readmit the appellant, learned Single Judge declined for the reason that on the basis of the appellant's letter of discontinuance, the seat was allotted to another person. The appellant's prayer before us is for the same relief which, we are unable to grant because substitute is already admitted. An alternate W.A. 1407/2011 2 prayer made by the appellant's counsel is that there is a disability in the prospectus barring the appellant for admission again on account of his failure to continue the course for which admission is granted. We do not think the disability applies to the appellant because appellant, after joining the course, discontinued immediately on account of personal reasons and the seat was allotted to another candidate from Health Service. So much so, there is proper utilization of the seat reserved towards inservice quota and therefore, we declare that the appellant is entitled to appear for entrance examination for D.M. Admission for inservice quota reserved for the next year. C.N. RAMACHANDRAN NAIR, (Ag. CHIEF JUSTICE) P.S. GOPINATHAN, (JUDGE) KNC/-