IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 WP(C).No. 19036 of 2011(D) --------------------------------------- PETITIONER(S): ------------------- HASEENA W/O. DELIM HUSSAIN, KALAKKATTU HOUSE, KORATTY.P.O., PIN-680309, THRISSUR DIST. BY ADV. SRI.K.G.BALASUBRAMANIAN RESPONDENT(S): ---------------------- 1. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM-695001. 2. THE COMMISSIONER FOR ENTRANCE EXAMINATIONS,THIRUVANANTHAPURAM-695001. 3. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY,THIRUVANANTHAPURAM-695001. 4. THE PRINCIPAL, SRI. GOKULAM MC TRUST & RESEARCH FOUNDATION,THIRUVANANTHAPURAM-695001. 5. GANESH, 1ST YEAR MD-PEDIATRICS SRI GOKULAM MC TRUST & RESEARCH FOUNDATION, THIRUVANANTHAPURAM-695001. ADV. SRI.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE FOR R5 SRI.SANTHOSH P.ABRAHAM FOR R5 BY GOVERNMENT PLEADER SRI. GEORGE VADAKKEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT. P1 TRUE COPY OF PROSPECTUS (WITH ANNEXURES) DATED 4.1.2011 ISSUED BY 1ST RESPONDENT. EXT.P2 TRUE COPY OF GO(RT) NO.2179/2011/H&FWD DATED 7.6.2011 AND DISTRIBUTION CHART THEREWITH ISSUED BY THE GOVERNMENT OF KERALA. EXT.P3 TRUE COPY OF MEMO NO.B2/4500/2011DME DATED 30.6.2011 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT. EXT.P4 TRUE COPY OF LETTER DATED 30.6.2011 GIVEN BY PETITIONER TO 1ST RESPONDENT. EXT.P5 TRUE COPY OF REPRESENTATION DATED 4.7.2011 SUBMITTED BY PETITIONER BEFORE HONOURABLE CHIEF MINISTER. RESPONDENT'S EXHIBITS: NIL [ TRUE COPY ] P.S. TO JUDGE. ul/- ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 19036 OF 2011 ----------------------------------------------------- Dated this the 19th day of August , 2011 J U D G M E N T The case of the petitioner is that in the admission to Post Graduate Medical Course, petitioner was assigned rank No.278 and the 5th respondent was assigned rank No.328. According to the petitioner by Ext.P3 she was allotted to the 4th respondent college in the Government Quota but however the 4th respondent refused to admit the petitioner saying that the seat in question was one earmarked for NRI quota and that without admitting the petitioner to the seat in question, 5th respondent was admitted to that seat. Complaining of the above the petitioner submitted Ext.P4 and thereafter filed this writ petition for a direction. 2. The Director of Medical Education has given instructions to the learned Advocate General, the relevant W.P.(C) No. 19036 OF 2011 :2 : portion of which reads as under: “Subsequently, Dr.Haseena.S reported before the Director of Medical Education on the same day itself and informed in writing that she wish to discontinue the course as the Gokulam Medical College authorities are refusing to admit her. Gokulam Medical College has not given any written communication stating that they will not admit candidates from Government list in MD Paediatrics. Moreover, there was a specific direction from Government to allot candidates to 50% seats in self financing colleges and the Hon'ble High Court too approved the Government policy. Since Dr.Haseena discontinued the course, this office has no other option than to allot the seat to the next eligible candidate. Otherwise a W.P.(C) No. 19036 OF 2011 :3 : precious MD Paediatrics seat under Government quota will get lapsed. Accordingly candidates after Rank No.278 were considered for that seat and Rank No.338, Ganesh K.M. opted for the MD Paediatrics seat and the same was allotted to him. The petitioner has no right to stake claim for the MD Paediatrics seat in Gokulam Medical College after forfeiting her admission. Moreover the seat was allotted to the next eligible candidate and as such there is no vacancy left for MD Paediatrics at Gokulam under merit quota. If the petitioner's claim is acceded, Dr.Ganesh K.M. has to be expelled from the M.D. Paediatrics seat for no fault of his.” The statement to the above effect has been support by the statement in Ext.P4 which concludes by saying that W.P.(C) No. 19036 OF 2011 :4 : “Considering all these problems I wish to discontinue the seat.” 3. Therefore this is a case where petitioner herself chose to relinquish the seat and the Director of Medical Education allotted the same to the 5th respondent. In such a situation I do not find fault with the decision of the Director of Medical Education. At this stage, if the petitioner has any grievance against the 4th respondent, it is for her to work it out against him and in any case, no relief can be granted against the 5th respondent. Thus this writ petition fails and it is dismissed. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge