IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 WP(C).No. 30028 of 2008(Y) -------------------------------------- PETITIONER: ------------------- FARHEEN CHIB, D/O DR.JAFFER ALI CHIB, R/O.MOHALLA DALPATIAN, JAMMU, THROUGH POWER OF ATTORNEY SAHID IQBAL, S/O. G.M.WANI, R/O.26 F, GANDHI NAGAR, JAMMU. BY ADV. SRI.V.P.K.PANICKER. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF ENGRANCE EXAMINATION OFFICE OF THE ENTRANCE EXAMINATION, THIRUVANANTHAPURAM. 3. DIRECTORATE OF MEDICAL EDUCATION, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM,' REPRESENTED BY THE JOINT DIRECTOR, MEDICAL HEALTH AND EDUCATION, THIRUVANANTHAPURAM. 4. THE JOINT ENTRANCE COMMISSIONER, THIRUVANANTHAPURAM. 5. THE SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT,SRINAGAR, KASHMIR. R1 TO R5 BY GOVERNMENT PLEADER SMT. M.R. SREELATHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.30028/2008-Y: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE ISSUED BY THE DEPUTY COMMISSIONER/TAHSILDAR, OF THE GOVERNMENT OF JAMMU AND KASHMIR. EXT.P.2: COPY OF THE MARK LIST ISSUED BY THE CENTRAL BOARD OF SECONDARY EDUCATION. EXT.P.3: COPY OF THE MARK LIST OF THE SENIOR SCHOOL CERTIFICATE OF EXAMINATION, 2008 ISSUED BY THE CENTRAL BOARD OF SECONDARY EDUCATION TO THE PETITIONER. EXT.P.4: COPY OF THE MIGRATION CERTIFICATE ISSUED BY THE CENTRAL BOARD OF SECONDARY EDUCATION IN FAVOUR OF THE PETITIONER. EXT.P.5: COPY OF THE PAGE 4 OF THE PROSPECTUS CONTAINING CLAUSE 4. EXT.P.6: COPY OF THE PAGE 4 OF THE PROSPECTUS CONTAINING CLAUSE 4.1.11 (B) (V). EXT.P.7: COPY OF THE PAGE 73 OF THE PROSPECTUS CONTAINING ANNEXURE III (2) OF THE PROSPECTUS. EXT.P.8: COPY OF THE PAGE 5 OF THE PROSPECTUS CONTAINING CLAUSE 5.1. EXT.P.9: COPY OF THE PAGE 74 OF THE PROSPECTUS CONTAINING ANNEXURE III (3). EXT.P.10: COPY OF THE RECOMMENDATION OF THE MINISTRY OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF INDIA. EXT.P.11: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT. EXT.P.12: COPY OF THE NOTIFICATION DTD. 07/03/2008 BEARING NO. D.O. NO. F.10- 1/2008-DESK (U) OF THE MINISTRY OF HUMAN RESOURCE DEVELOPMENT, DEPARTMENT OF EDUCATION AND HIGHER EDUCATION. EXT.P.13: COPY OF THE APPLICATION DTD. 17/09/2008 ADDRESSED TO THE R.2. EXT.P.14: COPY OF THE POSTAL RECEIPT DTD. 17/09/2008 ADDRESSED TO THE RESPONDENTS 2 & 3. RESPONDENTS' EXHIBITS: EXT.R2.A: COPY OF THE LR. NO. B1/21156/08/DME DT. 26/09/08 ISSUED BY THE DIR. OF MED. EDN. EXT.R2.B: COPY OF THE RELEVANT PAGES OF THE PROSPECTUS FOR ADMN. TO PROFESSION OF DEGREE COURSES - 2008. //TRUE COPY// P.S. TO JUDGE. prv. V.GIRI, J. ------------------------- W.P.(C).No.30028 of 2008 P ------------------------- Dated this the 26th day of November, 2008. JUDGMENT The petitioner, who is a native of Jammu and Kashmir, aspired for admission to the M.B.B.S.Course in Kerala. As per the prospectus issued by the Government, one seat for the M.B.B.S.Course for the year 2008-09 is reserved for candidates from Jammu and Kashmir. The petitioner's case was that she alone sought for admission and she should have been sponsored to the said seat. 2. A counter affidavit has been filed by the 3rd respondent stating that as per Clause 4.1.11(b) v relating to candidates from Jammu and Kashmir “the seat should be sponsored by the Government of Jammu and Kashmir, though the Higher Education Secretary of the State. The petitioner had not forwarded the application as per the prospectus and therefore, the petitioner's case could not be considered in terms of the W.P.(C).NO.30028/2008 :: 2 :: prospectus. It seems that there was only a letter from the staff of a Minister, which could not accepted in terms of the prospectus as sponsorship. It further seems from the counter affidavit that the unavailed seats in this category has to be informed to the Commissioner for Entrance Examinations and it has already been reported to him. In these circumstances, I do not find my way to issue any direction as sought for by the petitioner. Accordingly, the same is closed without prejudice to the contentions of the petitioner. Sd/- (V.GIRI) JUDGE sk/ //true copy//