IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 WA.No. 1607 of 2008() ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.21333/2008 Dated 15/07/2008 .................... APPELLANT/PETITIONER: ------------------------------------ DR.VIMAL.V.V, VIPASANA, T.C.20/1973, SASTHRI NAGAR, KARAMANA, THIRUVANANTHAPURAM. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, FAMILY WELFARE AND HEALTH DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 3. THE COMMISSIONER OF ENTRANCE EXAMINATIONS, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.MEERA.K. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 31/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B.KOSHY & V.K.MOHANAN, JJ. -------------------------------------- W.A.No.1607 OF 2008 ------------------------------------- Dated 31st July, 2008 JUDGMENT Koshy,J . Appellant/petitioner was ranked 429 in the Entrance Examination conducted by the third respondent for Medical Post Graduate Degree course, 2008. His first option was `M.D.Anaesthesia', but, he got admission to his second choice `Diploma in Anaesthesia' in the Government Medical College, Kottayam. It is his case that a candidate by name Sneha P. Simon who was admitted and allotted to the M.D.Anaesthesia Course in the Government Medical College, Thiruvananthapuram had discontinued her course on 8.7.2008 and the above vacancy should be allotted to him. He also relied on the prospectus showing that subsequent vacancies can be filled up. Apart from the above, since he was also admitted for Diploma in Anaesthesia and on the facts of this case, we direct the respondents to consider petitioner's case. If Sneha P. Simon discontinued her course and if there is vacancy to accommodate the petitioner and if there is no superior claim for admission than that of the petitioner, he should be admitted so that a seat need not be wasted. The appeal is allowed to the above extent. J.B.KOSHY JUDGE V.K.MOHANAN JUDGE tks