IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 WP(C).No. 20431 of 2011(D) ----------------------------------------- PETITIONER(S): ------------------------- DR.GEORGE SARIN ZACHARIA, S/O.ZACHARIA, AGED 30 YEARS, THUNDIYIL HOUSE, KARIMANNUR KARA, KARIMANNR VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT. BY ADV. SRI.T.V.GEORGE RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO HEALTH SERVICES,SECRETARIAT, TRIVANDRUM - 695 001. 2. DIRECTOR OF MEDICAL EDUCATION, KERALA, TRIVANDRUM - 695 001. 3. COMMISSIONER FOR POST GRADUATE SUPER SPECIALITY COURSES, ENTRANCE EXAMINATIONS, KERALA, TRIVANDRUM - 695 001. R1TOR3 BY SR.GOVERNMENT PLEADER SRI. T.K.ARAVINDKUMAR K.BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.20431/2011 D APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PROSPECTS PUBLISHED BY THE DIRECTOR OF MEDICAL EDUCATION FOR THE CONDUCT OF EXAMINATIONS AND SELECTION OF CANDIDATES FOR ADMISSION TO POST GRADUATE SUPER SPECIALITY COURSE, KERALA, 2011. P2: COPY OF COUNSELING NOTICE DTD. 18/07/2011. P3: COPY OF ALLOTMENT ORDER DTD. 25/07/2011 ISSUED BY THE 2ND RESPONDENT. P4: COPY OF THE RESULTS PUBLISHED BY THE 3RD RESPONDENT. P5: COPY OF PREFERENCE FORM SUBMITTED BY THE PETITIONER. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J ............................................. W.P.(C).20431/2011 .............................................. Dated this the 17th day of August, 2011 JUDGMENT Ext.P1 is the prospectus published by the second respondent for admission to Post Graduate Super Specialty Courses. Petitioner applied for admission and in the application submitted by him, the subjects chosen by him for admission were D.M.Gastroenterology and D.M.Nephrology respectively. In the Entrance Examination he secured 2nd rank for both D.M.Gastroenterology and D.M.Nephrology. He was called for counselling for both subjects and at the time of counselling for D.M.Nephrology, petitioner submitted Ext.P5 Preference Form. In Ext.P5, the subject mentioned by the petitioner is Nephrology and the Colleges opted by him were also mentioned in the order of preference. Similar option was submitted by the petitioner while attending the counseling for D.M.Gastroenterology also. By Ext.P3 allotment order, the petitioner was informed that he was selected to admission for D.M.Gastroenterology and was directed to report at the Medical College, Kozhikode. 2. The contention raised by the petitioner is that in terms of W.P.(C).20431/11 2 Ext.P2 counselling notice, he opted for admission to D.M.Nephrology by submitting Ext.P5 and therefore, he should have been granted admission in that subject itself. It is stated that ignoring his superior ranking and claim, a candidate with lower rank was allotted in his place. It is in these circumstances the writ petition is filed. 3. The learned Government Pleader has produced the application form submitted by the petitioner for admission which shows that his choice No.1 was D.M.Gastroenterology and choice No.2 was D.M.Nephrology. It is stated that in pursuance to the counselling that was conducted, his first choice was accepted and he was allotted to the subject chosen by him as choice No.1. 4. In so far as Ext.P5 is concerned, the learned Government Pleader submits that Ext.P5 preference form, was only intended for indicating the preference of the Colleges and it has nothing to do with the option of subjects. 5. Heard both sides. W.P.(C).20431/11 3 6. In Ext.P1 prospectus it is provided that “a candidate can apply for admission to a maximum of two courses. The General Merit candidates should indicate the order of preference for the Courses chosen by them in the application form. The choice once exercised will be final.” It is in pursuance to this, provision of the prospectus that in the application submitted by the petitioner he indicated his choice, first of which was D.M.Gastroenterology and second being D.M.Nephrology. Ext.P3 shows that he has been granted admission to D.M.Gastroenterology which means that his first option was accepted and the same has been allotted to him. 7. Ext.P5 preference form is to be submitted in terms of the directions in Ext.P2 counselling notice at the time when candidates appear for counselling. A reading of Ext.P5 shows that the only preference that is to be indicated by a candidate is the preference of the College and not the subject. If that be so, Ext.P5 cannot come to the rescue of the petitioner to contend that it amounts to an option of the subject superceding the option exercised in the application form, and that on that basis, he should have been allotted to D.M.Nephrology. W.P.(C).20431/11 4 8. In the above view of the matter, I do not find any substance in the contention raised by the petitioner. The writ petition fails and it is dismissed accordingly. ANTONY DOMINIC, Judge mrcs