IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 WP(C).No. 23248 of 2008() ------------------------- PETITIONER: ---------------- DR.SIAR, AGED 42 YEARS, S/O. Y.ABDUL RAHIM, CIVIL SURGEON, PALAKKAD, RESIDING AT "TAZNI", KUNNATHUR MEDU (PO), PALAKKAD. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENTS: ------------------- 1. THE STATE OF KERALA REPRESENTED BY SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 3. THE DIRECOT GENERAL OF HEALTH SERVICES, THIRUVANANTHAPURAM. 4. DR.PRIYA.S.V., C/O. DR.AJITH.S., MALIYATTU, PADA NORTH, KARUNAGAPPALLY, KOLLAM. 5. THE COMMISSIONER OF ENTRANCE EXAMINATION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.23248 OF 2008 ---------------------------------------- Dated this the 12th day of August, 2008 JUDGMENT The petitioner is an aspirant for admission to Super Specialty Post Graduate Medical Courses in the Medical Colleges in Kerala in the service quota. The petitioner does not possess the minimum qualification prescribed for admission, which is 50% marks in the Common Entrance Test. The petitioner's contention is that the service candidates should be exempted from the said minimum qualification. He also submits that the Government has postponed filling up of seats in the service quota in Medical Education Department and therefore, the same treatment may be given to the petitioner, who comes in the health service stream. The petitioner therefore seeks the following reliefs: “1. Writ in the nature of mandamus commanding the 2 nd respondent not to admit the 4 th respondent as she is not qualified to be admitted as per the prospectus at Ext.P2. 2. Writ in the nature of mandamus commanding the 3 rd respondent to publish the rank list of Service Candidates as provided under Ext.P2 prospectus and further defer admission to DM Cardiology under Health Service Quota till W.P.(c)No.23248/08 2 the notification under Kerala Govt. Medical Officers PG Service Quota Act is issued. 3. Writ in the nature of mandamus commanding the 3 rd respondent to adopt the practice of deferring the admission to DM Cardiology against health service quota as has been followed in the case of incumbents against the Medical Education Quota to avail the benefit of new legislation. 4. Issue writ in the nature of mandamus commanding the 2dn respondent to keep in abeyance the seats under health service quota till the notification under Kerala Govt. Medical Officers PG Service Quota is issued”. 2. Admittedly the petitioner does not have minimum eligibility condition for admission of 50% marks in the Common Entrance Test. As such he cannot aspire for admission. Apparently the petitioner is hoping that for service candidates, this condition would be relaxed. I do not think that, for that purpose the admission for this year can be postponed even if that relaxation is given and the same is valid in law. I have in several other writ petitions filed by the candidates seeking admission in the merit quota, directed the Government to complete next round of allotment within a period of two weeks. That being so, I do not find any merit in the contentions of the petitioner in the writ petition. Accordingly, the writ petition is dismissed. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.23248/08 3