IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 WP(C).No. 16444 of 2011(E) -------------------------- PETITIONER(S): --------------- 1. DR.AJAI K.S., PLOT NO.3, KSHB COLONY, SOUTH CHALAKKUDI, PIN 680 307. 2. DR.AMJAD.A., KOCHUPURACKAL, ADINADU SOUTH, KALLIKADAVU PO, KARUNAGAPPALLY, PIN 690 542. 3. DR.SUBI DAS, 'SUJA', C.R.IYYUNNI ROAD, CHEMBUKAVU, THRISSUR-20. BY ADV. SRI.JACOB P.ALEX SRI.JOSEPH P.ALEX RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY ITS SECRETARY, HEALTH & FAMILY WELFARE DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 039. 2. DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, THIRUVANANTHAPURAM, PIN 695 011. 3. COMMISSIONER OF ENTRANCE EXAMINATION, V FLOOR, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-1. AG SRI.K.P.DANDAPANI GP SRI.T.B.HOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16444 of 2011 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE PROSPECTUS FOR MEDICAL POST GRADUATE DEGREE/DIPLOMA COURSES, 2011 ISSUED BY THE 2ND RESPONDENT EXT.P2- TRUE COPY OF THE KERALA MEDICAL OFFICERS' ADMISSION TO POST GRADUATE COURSES, UNDER SERVICE QUOTA ACT, 2008 EXT.P3- TRUE COPY OF THE RECORD OF PROCEEDINGS DATED 29.4.11 IN SLP NO.11597-8 OF 2011 AND CONNECTED MATTERS EXT.P4- TRUE COPY OF NOTIFICATION DATED 5.5.11 BEARING NO.CEE/2142/2010/TA IV/PGM 2011 (True Copy) P.A. To Judge P.R.RAMACHANDRA MENON, J ....................................................... W.P.(C).16444/2011 .............................................. Dated this the 23rd day of June, 2011 JUDGMENT The petitioners have approached this Court with the following prayers:- (i). Issue a writ in the nature of mandamus or any other writ, order or direction commanding the 1st and 2nd respondents to fill up the remaining seats in the Service Quota by allotting it to qualified candidates in the General Merit Quota in accordance with Ext.P1 within a time limit to be fixed by this Honourable Court (ii). Declare that the petitioners are entitled for admission in the remaining seats in the Service Quota 2. Admittedly the petitioners who belong to the 'General Merit Quota' cannot have any claim with regard to the seats earmarked for the 'Service Quota' (to an extent of 40% of the total vacancies). The cause of action for the petitioners will arise only if any vacancies, after completing the process of selection in respect of the 'Service Quota', are left over and W.P.(C).16444/11 2 allotted to the General Merit Quota, as provided under Clause XI (B)(iii) of Ext.P1 prospectus. 3. The claims of several candidates belonging to the 'Service Quota' came up for consideration before this Court in W.P.(C). 11141/2011 and Connected Cases which have been disposed of today (23.6.2011), as per a common judgment passed on the basis of the contents of letter No. 21094/S3/2010/H&FWD dated 21.6.2011 of the Secretary to the Government, Health and Family Welfare (S) department, addressed to the learned Advocate General. It was stated that further orders would be passed, based on the above instructions, by respondents 1 and 2 and if the petitioners were aggrieved, it was for them to challenge the said proceedings. Interference is declined and the writ petition is dismissed without prejudice to the above course. P.R.RAMACHANDRA MENON, Judge mrcs