IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 WP(C).No. 22868 of 2008(V) -------------------------- PETITIONERS: ---------------- 1. DR. PREETHAM KUMAR FRANCIS, LECTURER IN CARDIOLOGY MEDICAL COLLEGE, THIRUVANANTHAPURAM. 2. DR. NIRMAL K.P., LECTURER IN UROLOGY, MEDICAL COLLEGE, THIRUVANATHAPURAM. 3. DR. ROSEBIST, SENIOR LECTURER IN NEURO SURGERY MEDICAL COLLEGE, THIRUVANANTHAPURAM. 4. DR. NIZAR A AHAMED, LECTURER IN NEPHROLOGY MEDICAL COLLEGE, THIRUVANANTHAPURAM. 5. DR.BYJU M., SR. LECTURER IN NEUROLOGY, MEDICAL COLLEGE, THRISSUR. BY ADV. SRI.D.KISHORE RESPONDENTS: -------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATON, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. WP(C).No. 22868 of 2008 4. THE JOINT DIRECTOR OF MEDICAL ' EDUCATION (MEDICAL), THIRUVANANTHAPURAM. 5. THE JOINT DIRECTOR MEDICAL EDUCATION (GENERAL), THIRUVANANTHAPURAM. 6. THE MEDICAL COUNCIL OF INDIA REPRESENTED BY ITS SECRETARY & POCKET 14, SECTOR 8, DWARAKA PHASE -I, NEW DELHI 110 077. 7. DR. JUBIL P. MATHEW, PLACHERIL HOUSE, KADATHY EAST, MARKETY P.O., MOOVATTUPUZHA, PIN 686 673. 8. DR.THOMAS JOHN, PALIYIL HOUSE, 14TH SREET, MUSEUM CROSS LANE, THRISSUR 680 020. 9. DR.MANOJ KUMAR G., M.M.BUNGLAW, PAVUMB P.O., KARUNAGAPPALLY, KOLLAM 960 574. 10. DR.DEEPAK CHANDRAN .B, T.C. 9/2532 (1), SHIVASREE J-34, JANVILLA LANE, SASTHAMANGALAM P.O., THIRUVANANTHAPURAM 695 010. 11. DR. DEEPAK K., DEEPTHI, AMBADY LANE, VELIYANNUR, TRICHUR 680 021. 12. DR. MURALIKRISHNAN V.P., 29/2321, SWEET HOME, MELE MANNATHAN THODY, KUTHIRAVATTOM P.O., KOZHIKODE 673 016. 13. DR. NOBLE GRACIOUS S.S., PGRA AB,T.C.3633 (1), UTHALAMOOTTIL, INCHAKKAL,PETTAH ROAD, THIRUVANANTHAPURAM 695 008. 14. DR. SAIFUDHEEN KONDANATH, KONDANATH HOUSE, KODINHI ROAD, CHEMMAD, TIRURANGADI P.O., MALAPPURAM 676 306. 15. THE POST GRADUATE SELECTION COMMITTEE, REPRESENTED BY ITS CHAIRMAN, HEALTH AND FAMILY WELFARE DEPARTMENT, OFFICE OF THE SECRETARY TO GOVERNMENT, THIRUVANANTHAPURAM. BY ADV. SRI.ALEXANDER THOMAS, SC, MCI FOR R6 GOVERNMENT PLEADER SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No. 22868 OF 2008 ---------------------------------------- Dated this the 30th day of July, 2008 JUDGMENT The petitioners are aspirants for admission to the Super Specialty Post-Graduate Medical Course for the year 2008 in Medical Colleges in Kerala, in the Medical Education Service Quota. But unfortunately, the petitioners did not secure the minimum 50% marks in the Common Entrance Test, which is an eligibility condition for persons seeking admission in the service quota also. 2. The contention of the petitioners is that as per the prospectus itself, the Government is expected to fix the eligibility criteria for admission in respect of service candidates later and the Government has now passed a bill in respect of the same, which is pending assent of the President. Therefore, according to them, the Government is bound to take a further decision in accordance with the stipulation in the prospectus. On these contentions, the petitioners seek the following reliefs: W.P.(c)No.22868/08 2 “a. issue a writ of mandamus or any other appropriate writ, direction or order directing the 1 st respondent to fix eligibility criteria for service candidates for admission to Post Graduate Super Specialty Courses, Kerala 2008 as required under Clause III (d) of Exhibit P1 Prospectus forthwith. b. issue a writ of mandamus or any other appropriate writ, direction or order directing the 15 th respondent to finalise the rank list of Service Quota candidates for admission to Post Graduate Super Specialty Courses Kerala 2008, publish the same and call the candidates to exercise their option of subject and college as required under Clause IX(c) of Exhibit P1 Prospectus. c. To declare that the allotment of seats for Post Graduate Super Specialty Courses Kerala 2008 to respondents 7 to 14 overlooking Clause X of Exhibit P1 as illegal. d. issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents 1 to 5 not to fill up the seats earmarked for Service Quota Candidates invoking Clause X(c) of Exhibit P1 Prospectus till the publication of final rank list by the 15 th respondent as per Clause IX(c) of Exhibit P1”. 2. I have heard the learned Government Pleader as also the learned Standing Counsel appearing for the Medical Council of India (MCI). 3. The learned Standing Counsel for the MCI submits that the eligibility criteria, which obtains as on today, has been W.P.(c)No.22868/08 3 fixed by the Medical Council of India in consonance with a Constitution Bench decision of the Supreme Court of India in DR. PREETI SRIVASTAVA AND ANOTHER V. STATE OF M.P. AND OTHERS [(1999)7 SCC 120] which includes 50% marks in the CET for service candidates also. According to him therefore as on today no person who has not passed the Common Entrance Test with 50% marks, is eligible for admission, even in the service quota. 4. I have considered the rival contentions in detail. It remains a fact that as on today, the eligibility criteria applicable even for service candidates is that they should pass the Common Entrance Test with minimum 50% marks. Admittedly, the petitioners have not secured the minimum 50% marks in the Common Entrance Test. That being so, they cannot be considered for admission as the law presently stands. Therefore, I do not find any merit in this writ petition and accordingly the same is dismissed. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.22868/08 4