IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 WA.No. 897 of 2010 -------------------- AGAINST THE JUDGEMENT IN WPC.36947/2009 Dated 19/03/2010 .................... APPELLANT/PETITIONER: --------------------------- DR.AJAYIKUMAR BABU T.K., AGED 42 YEARS, S/O.CHOYIKUTTY, THAVARAKATTIL HOUSE, MUDAKKALLOOR P.O., ATHOLY, KOZHIKODE. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.JAGAN GEORGE SRI.K.A.NOUSHAD SRI.P.G.PRAMOD SRI.KANDAMPULLY RAHUL RESPONDENTS/RESPONDENTS: ---------------------------------- 1. THE UNIVERSITY OF CALICUT, REP. BY ITS REGISTRAR, CALICUT UNIVERSITY CAMPUS, THENHIPALAM, MALAPPURAM. 2. THE HEAD OF DEPARTMENT, DEPARTMENT OF LIFE SCIENCES, UNIVERSITY OF CALICUT, CALICUT NIVERSITY CAMPUS, THENHIPALAM, MALAPPURAM. 3. THE DIRECTOR, COLLEGE DEVELOPMENT COUNCIL, UNIVERSITYOF CALICUT, CALICUT UNIVERSITY CAMPUS, THENHIPALAM, MALAPPURAM. BY SRI.P.C. SASIDHARAN, SC, CALICUT UNIVERSITY. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, CJ. & P.N.Ravindran, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 897 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of June, 2010 JUDGMENT J.Chelameswar, CJ. This is an appeal filed by the petitioner in WP(C) No.36947 of 2009 aggrieved by the judgment dated 19.03.2010. 2. The appellant is working as a Lecturer/Tutor in Surgery in Government Homoeopathic Medical College, Kozhikode. The appellant applied for registration as Research Scholar in Physiology in the 1st respondent University in response to a notification published by the said University in the month of October 2008. Complaining that he has not received any response from the University to his application, the instant writ petition came to be filed. The undisputed fact (according to the minutes of the meeting of the Research Council held on 25.11.2008 of the 1st respondent University) is that, of the total number of available research opportunities in the University, 60% of the opportunities would be filled up as WA No. 897 of 2010 -:2:- per the notification in the year 2008 and the balance in the year 2009. Further it was decided in the said meeting that out of the 60% research opportunities which was quantified as 156 in number, 50%, i.e. 78 opportunities, would be reserved in favour of the full-time research scholars and the balance in favour of part-time research scholars. The appellant applied to the University for registration as the Research Scholar in Physiology in the Department of Life Sciences. Admittedly there were three opportunities available for being filled up in the Department of Life Sciences. 3. In response to the writ petition, the University filed its counter affidavit wherein it was stated at paragraph 3 that, of the three seats available in the Life Sciences Department, one seat was in Physiology specialisation and the other two seats in Microbiology specialisation. Since in the Physiology specialisation there was only one research opportunity, the University decided to give that opportunity to a full-time research scholar. The decision, in our opinion, cannot be called either arbitrary or unreasonable. It is in the realm of the policy choice of the WA No. 897 of 2010 -:3:- University with which Courts should be slow to interfere. Apart from that, it appears from the abovementioned counter affidavit that the available one opportunity in Physiology specialisation was given in favour of Miss.Greeshma.C who according to the counter affidavit certainly has a better academic record than the appellant herein which factor is not disputed by the appellant herein. In the background of the abovementioned, the learned Single Judge of this Court declined to grant the relief sought for in the writ petition. We do not find any reason to interfere with the same. Therefore, this Writ Appeal is dismissed at the admission stage. J.Chelameswar, Chief Justice. P.N.Ravindran, Judge. ttb WA No. 897 of 2010 -:4:-