IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 W.A.No. 2239 of 2008 --------------------- ( AGAINST THE JUDGEMENT IN WPC.29461/2008 Dated 07/10/2008 ) APPELLANTS/PETITIONERS: ------------------------------ 1. RUKHIYA.M, AGED 18 YEARS, D/O.MOHAMMED KUNJU NAINA, MAPPILATHAYYIL HOUSE, VAYALAR.P.O, CHERTHALA, ALAPPUZHA-688536. 2. P.V.SAEED SHABAS, AGED 18 YEARS, D/O.HASSAN K. KARIPURATH HOUSE, THENHIPALAM.P.O, PANAMBRA, MALAPPURAM. BY ADV. SRI.BABU KARUKAPADATH ADV. SMT.M.A.VAHEEDA BABU ADV. SRI.JAGAN GEORGE ADV. SRI.A.ABDUL SAMAD ADV. SRI.K.M.FAIZAL ADV. SRI.K.A.NOUSHAD ADV. SRI.P.G.PRAMOD RESPONDENTS/ RESPONDENTS: ----------------------------------- 1. COMMISSIONER FOR ENTRANCE EXAMINATIONS, HOUSING NAGAR BUILDING, SANTI NAGAR, THIRUVANANTHAPURAM-695001. 2. STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER ADV. SHRI BENNY GERVASIS THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 19/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & P.R. RAMACHANDRA MENON, JJ. ........................................................................ W.A.NO. 2239 OF 2008 ......................................................................... Dated this the 19th January, 2009 J U D G M E N T Kurian Joseph, J. : The petitioners are the appellants in the Writ Appeal. The Writ Petition was filed with the following prayers. “i) Call for the records relating to the selection of candidates and allotment of seats for MBBS course, 2008; ii) To issue a writ of mandamus or other appropriate writ or order commanding the respondents to follow the principles of mandatory reservation in the matter of selection of candidates and allotment of seats for MBBS course in government seats in Government Medical Colleges and Self Financing Medical Colleges in the State as envisaged under clause 4.1.5 of Ext. P3; iii) direct the 1st respondent to make selection to special categories, including selection to minority community seats only after exhausting the regular W.A.NO. 2239 OF 2008 2 selection to state merit and community reservation seats; iv) Direct the 1st respondent to rectify the mistakes committed by him in the allotment of seats to the candidates for MBBS course for the year 2008 and to allot one seat each to the petitioners, in government quota, in any of the Medical College on the basis of their ranking/eligibility and as indicated in the options exercised by her ; v) Direct the respondents to fill up the newly surrendered seats by the other self -financing colleges to the government quota also, strictly following the principles of mandatory reservation; vi) direct the respondents to publish the details of the candidates allotted/selected under various categories in each allotment, immediately after each allotment; vii) direct the respondents to strictly comply with the principles of mandatory reservation for admission to MBBS and other allied courses in the coming years also and to publish the details of the candidates allotted/selected under various categories in each allotment immediately after each allotment. Viii) Pass such other orders as this Hon'ble Court W.A.NO. 2239 OF 2008 3 shall deem just. The Writ Petition was dismissed subject to the direction that the list of allotment and the select list should be published by the Government and the Commissioner for Entrance Examinations in the ensuing year well ahead of the deadline of 30th September of the year concerned. 2. The learned Senior Government Pleader submits that as far as the admissions for the year 2008 are concerned nothing survives as of now since everything has been closed by 05.12.2008, the extended time given by the Supreme Court. 3. Adv. Shri Babu Karukapadath, learned counsel appearing for the appellants/petitioners submits that some of the petitioners would contest for admission in the year 2009 also. It is further submitted that the socially and educationally backward classes are suffering every year owing to the unscientific method of implementation of the reservation. Though the counsel, with the supporting data, made an attempt to explain the injustice thus worked out in the implementation of the reservation in the allotment of seats, in the nature of the order that we propose to pass, we need not advert to W.A.NO. 2239 OF 2008 4 those details since the petitioners will have to appraise the Government about the details of such alleged unscientific working out of allotment. The learned Senior Government Pleader submits that the prospectus for admission for the year 2009 has been approved and the same will be released on 27.01.2009. However, the first allotment will be made only in the month of July, 2009. Therefore, in case the appellants make an attempt before the Government, we are of the view that the Government can make proper safeguards, so that the constitutional mandate of the reservation to the socially and educationally backward classes can be properly implemented. In the above circumstances, the Writ Appeal is disposed of with a direction to the second respondent that in the event of appellants or similarly situated candidates approaching the Government within a period of one month from today, the matter will be duly considered by the second respondent with notice to the candidates who have put in the representations and the same shall be disposed of on or before 30th April 2009. In that view of the matter, we make it clear that we have not adverted to the merits of the contentions taken either by the appellants or by the respondents. We further make it clear that W.A.NO. 2239 OF 2008 5 the questions of law raised in this appeal are left open. The Government/second respondent shall dispose of the representations, that may be filed, untrammelled by any of the observations contained in the judgment under challenge in this appeal. KURIAN JOSEPH, JUDGE. P.R. RAMACHANDRA MENON, JUDGE. lk