IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 WA.No. 1847 of 2010 ------------------------ AGAINST THE JUDGEMENT IN WPC.30962/2010 Dated 12/10/2010 .................... APPELLANT/PETITIONER -------------------------- DR.GOPAKUMAR.M.K., S/O.M.S.KUNJAN PILLAI AGED 41 YEARS,PHYSICIAN,THALUK HEAD QUARTERS HOSPITAL,KODUNGALLOOR,THRISSUR, RESIDING AT SREEHARI, PERUMPILLY CHURCH ROAD, NJARACKAL P.O., ERNAKULAM-682 505. BY ADV. SRI.SHAJI P.CHALY RESPONDENTS/RESPONDENTS ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HEALTH SERVICE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-1. 2. DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM, PIN 695011, REPRESENTED BY ITS DIRECTOR. 3. DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM, PIN 695011. 4. DR.ANILKUMAR, ABHILASH, PELA P.O. MAVELIKKARA, PIN 690103. R1 TO R3 BY SR.GOVERNMENT PLEADER SRI.BENNY GERVASIS R4 BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP FOR R4 SRI.V.SUNIL KUMAR (PANACHAMOODU) FOR R4 SRI.H.JAWHAR FOR R4 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 06/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. ------------------------------------------ W.A. No. 1847 of 2010 ------------------------------------------ Dated this the 6th day of December, 2010 JUDGMENT J.Chelameswar, C.J. Aggrieved by the judgment dated 12th October, 2010 in W.P.(C) No.30962 of 2010, the unsuccessful petitioner therein preferred this writ appeal. 2. The appellant is a Physician in the service of the State of Kerala now working at the Taluk Hadquarters Hospital, Kodungalloor in Thrissur District. He applied for admission to Post Graduate Super Speciality Course in the year 2010. 3. The writ petition was filed with the prayers as follows: “i) To call for the records leading to the admission of the 4th respondent pursuant to the order of 2nd respondent bearing No.D2/20300/2010/DME. dt. 20.09.10, examine its legality, propriety and quash the same by issuing a writ of certiorari. W.A.No.1847 of 2010 - 2 - ii) To issue a writ of mandamus and command the 2nd respondent to admit the petitioner to the vacant seat arose due to the non-joining of the allotted candidate as service candidates admission is purely on the basis of seniority. iii) Pass any other and such other orders as this Hon'ble Court deem fit to pass in the nature and circumstances of the case. iv) To award the cost of this proceedings.” 4. In substance the appellant seeks to challenge the admission given to the 4th respondent on 20th September, 2010 and seeks a further direction to the second respondent to admit the appellant to one of the super speciality courses. 5. Admittedly, the admission process consists of certain procedure called 'counselling'. It is further admitted that the appellant did not appear for the said counselling. 6. By the judgment under appeal, the learned Judge who heard the matter opined that in view of the failure of the appellant to participate in the counselling process, his case W.A.No.1847 of 2010 - 3 - cannot be considered for admission. We do not see any reason to take a different view in the matter. The writ appeal is therefore dismissed at the admission stage. J.Chelameswar, Chief Justice P.R.Ramachandra Menon, Judge vns