IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 WP(C).No. 23719 of 2009(H) -------------------------- PETITIONERS: --------------- 1. M.MOHAMMED MUBARAK, S/O. MEERA SAHIB AGED 24 YEARS, M.S. MANZIL, KANYAKULANGARA VEMBAYAM P.O., THIRUVANANTHAPURAM. 2. FAZIL K. MOHAMMED, AGED 24 YEARS, HAZNA MANZIL, SANKARAMANGALAM P.O., PATTAMBI, PALAKKAD. 3. S.MANIMEKHALA, TC 43/787 (10) HIRA-JNRA 37, F,KALLATTU MUKKU,MANACADU P.O., THIRUVANANTHAPURAM. 4. VEENA PURUSHOTHAMAN, TC 3/1268 (5) SR NAGAR, MARACKAL HOUSE, MARAPALAM, PATTOM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.D.SAJEEV SRI.BABU POTHENCODE RESPONDENTS: ----------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVT. DEPT. OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, MEDICAL COLLEGE, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF NURSING EDUCATION, OFFICE OF THE DIRECTOR OF MEDICAL EDUCATION, MEDICAL COLLEGE, THIRUVANANTHAPURAM. WP(C).No. 23719 of 2009(H) 4. THE CONTROLLER OF ENTRANCE EXAMINATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM. ADDL. 5. SREESHA M.V., SREESHA, KUTTIKAD, PONNANI P.O., MALAPPURAM - 679 577. ADDL. 6. PRAJEESH K.P., KUNNUMMEL HOUSE, VELLIKULANGARA P.O., KODAKRA (VIA), THRICHUR - 680 693. (ADDL.R5 & R6 ARE IMPLEADED AS PER ORDER DATED 30.01.10 IN IA NO. 955/2010) R1 TO R4 BY GOVERNMENT PLEADER, SRI. M.A. ASIF ADDL.R5 & R6 BY ADV. SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23719 of 2009(H) APPENDIX PETITIONERS' EXHIBITS: EXT.P1 : TRUE COPY OF THE NOTIFICATION ISSUED BY THE 4TH RESPONDENT DATED 28.05.09. EXT.P2 : TRUE COPIES OF THE RELEVANT PAGES OF THE PROSPECTUS. EXT.P3 : TRUE COPY OF THE HALL TICKET OF THE 1ST PETITIONER BEARING ROLL NO.80900. EXT.P4 : TRUE COPY OF THE NOTICE DATED 06.07.09 ISSUED BY THE 4TH RESPONDENT ALONG WITH THE HALL TICKET. EXT.P5 : TRUE COPY OF THE RELEVANT PAGES OF THE PROVISIONAL LIST OF RESULTS, M.Sc. NURSING 2009 PUBLISHED BY THE 4TH RESPONDENT. EXT.P6 : TRUE COPY OF THE REVISED RESULTS FOR M.Sc. NURSING 2009 DATED 25.09.09. EXT.P7 : TRUE COPY OF THE POSTAL ENVELOPE OF THE 3RD PETITIONER. EXT.P8 : TRUE COPY OF THE COMMUNITY CERTIFICATE OF THE 1ST PETITIONER. EXT.P8(A) : TRUE COPY OF THE COMMUNITY CERTIFICATE OF THE 2ND PETITIONER. EXT.P8(B) : TRUE COPY OF THE COMMUNITY CERTIFICATE OF THE 3RD PETITIONER. EXT.P8(C) : TRUE COPY OF THE COMMUNITY CERTIFICATE OF THE 4TH PETITIONER. EXT.P9 : NIL EXT.P10 : TRUE COPY OF THE REPRESENTATION DATED 23.12.09 GIVEN BY THE 1ST PETITIONER ALONG WITH THE ENDORSEMENT OF THE DEPUTY DIRECTOR OF NURSING EDUCATION. EXT.P11 : TRUE COPY OF THE REPRESENTATION DATED 23.12.09 GIVEN BY THE 2ND PETITIONER ALONG WITH THE ENDORSEMENT OF THE DEPUTY DIRECTOR OF NURSING EDUCATION. EXT.P12 : TRUE COPY OF THE REPRESENTATION DATED 23.12.09 GIVEN BY THE 3RD PETITIONER ALONG WITH THE ENDORSEMENT OF THE DEPUTY DIRECTOR OF NURSING EDUCATION. EXT.P13 : TRUE COPY OF THE REPRESENTATION DATED 23.12.09 GIVEN BY THE 4TH PETITIONER ALONG WITH THE ENDORSEMENT OF THE DEPUTY DIRECTOR OF NURSING EDUCATION. EXT.P14 : TRUE COPY OF THE NOTIFICATION DATED 02.02.10 ISSUED BY THE 2ND RESPONDENT ALONG WITH THE VACANCY POSITION FOR M.Sc. NURSING COURSE 2009-10. WP(C).No. 23719 of 2009(H) EXT.P15 : TRUE COPY OF THE NEWS ITEM FLASHED IN THE MATHYAMAM DAILY DATED 04.02.10. RESPONDENT'S EXHIBITS: EXT.R4(A) : TRUE COPY OF THE BILL STATEMENT NO.L-13/09 DATED 13.07.09 ISSUED BY THE POSTAL DEPARTMENT, THIRUVANANTHAPURAM. /TRUE COPY/ PS TO JUDGE T.R.Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 23719 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of March, 2010 JUDGMENT Even though four petitioners are there in the writ petition, now the learned counsel fairly submits that he is confining relief only to petitioners 1 and 3, who alone are entitled to get admission for M.Sc. Nursing Course in Government quota. 2. Petitioners 1 and 3 have submitted their application in time. By a further communication Ext.P4, they were required to produce various certificates by 17.7.2009. The certificates include community certificate as well as income certificate. In paragraph 4 of the writ petition, it is stated that all the petitioners received their hall tickets on 13.7.2009 and 14.7.2009 and along with the hall tickets they were served with Ext.P4 notice directing to produce community certificate as well as income certificate. It is stated that they could not obtain the certificates before 17.7.2009 as directed in Ext.P4 notice. They have attended the entrance examination on 19.7.2009 and secured marks above 40%. In Ext.P5 list published , they were shown as disqualified for admission for want of minimum marks. W.P.C.No. 23719 of 2009 -:2:- 3. This Court passed an interim order on 18th September, 2009 wherein the petitioners were directed to be provisionally interviewed if they produce the community/income certificate at the time of interview. 4. Thereafter the interview was conducted and petitioners 1 and 3 have succeeded in the interview. They were included in the final list, but they have not been given admission in the light of the pendency of the writ petition. 5. Counter affidavits have been filed by respondents 4 to 6. Petitioners have filed a reply affidavit also. 6. It is the contention of the learned counsel for the petitioners that only because Ext.P4 communication was delayed, they could not produce the certificates in time, though along with the application such a requirement was not there. 7. Learned Government Pleader brought to my notice that the certificates have been obtained only by the second week of August which is evident from Ext.P8 series. As per the interim order passed by this Court, two seats have been kept vacant. 8. It is submitted by the learned counsel for the W.P.C.No. 23719 of 2009 -:3:- petitioners that admissions are over with regard to the other candidates and the list has also expired. It is further submitted that there are no other candidates to be admitted now. 9. Since the petitioners have been interviewed on the basis of the interim order passed by this Court and as there are two vacant seats, petitioners claim will have to be considered by the second respondent. Therefore, there will be a direction to the second respondent to consider the claim of petitioners 1 and 3 and after considering all aspects including the issue whether there are any other qualified candidates waiting for admission even though the learned counsel for the petitioners submits that there are no other candidates available now, a decision will be taken and communicate the same to the petitioners within a period of two weeks from the date of receipt of a copy of this judgment. Writ petition is disposed of accordingly. T.R.Ramachandran Nair, Judge vns