IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 WP(C).No. 24201 of 2011(A) -------------------------- PETITIONER(S): --------------- ANOOP SATHYADAS, S/O.D.SATHYADAS, AGED 24 YEARS, 'SHALOM', TC-8/324, J.R.A.-519, ALAPPURAM LANE, THIRUMALA.P.O., THIRUVANANTHAPURAM-695006. BY ADV. SRI.BIJU BALAKRISHNAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HEALTH & FAMILY WELFARE(S) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE UNIVERSITY OF KERALA, THIRUVANANTHAPURAM REPRESENTED BY THE REGISTRAR. 3. THE KERALA UNIVERSITY FOR MEDICAL EDUCATION AND ALLIED SCIENCES, THIRUVANANTHAPURAM, REPRESENTED BY ITS REGISTRAR. 4. COMMISSIONER OF ENTRANCE EXAMINATION, GOVERNMENT OF KERALA, SHANTHI NAGAR, HOUSING BOARD BUILDINGS,THIRUVANANTHAPURAM. 5. DR. SOMERVELIL MEMORIAL CSI MEDICAL COLLEGE & HOSPITAL, KARAKONAM, THIRUVANANTHAPURAM--695504, REPRESENTED BY ITS DIRECTOR. 6. THE MEDICAL COUNCIL OF INDIA, NEW DELHI, REPRESENTED BY ITS SECRETARY. ADV. SRI.ALEXANDER THOMAS, SC, MCI FOR R6 SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH & FOR R3 SRI.M.RAJAGOPALAN NAIR, SC SR GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).24201/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1- PHOTOSTAT COPY OF THE CERTIFICATE DT.4-3-2009 ISSUED BY DR. M.LOHITHAKSHAN UNNITHAN MD, SKIN AND VD SPECIALIST GENERAL HOSPITAL, THIRUVANANTHAPURAM. EXT.P2- PHOTOSTAT COPY OF THE CERTIFICATE DT.5-3-2009 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P3- PHOTOSTAT COPY OF THE REPRESENTATION DT.7-2-2009 SUBMITTED BY THE FATHER OF THE PETITIONER. EXT.P4- PHOTOSTAT COPY OF THE REPRESENTATION DT.14-5-2009 SUBMITTED BY THE PETITIONER BEFORE THE MINISTER FOR EDUCATION. EXT.P5- PHOTOSTAT COPY OF LETTER DT.1-6-22009 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT.P6- CERTIFICATE DT. 10-6-2011 ISSUED BY THE 5TH RESPONDENT. EXT.P7- PHOTOSTAT COPY OF THE REPRESENTATION DT. 7-8-2011 SUBMITTED BY THE PETITIONER BEFORE THE CHIEF MINISTER OF KERALA. EXT.P8- PHOTOSTAT COPY OF THE MARK SHEET OF THE PETITIONER PUBLISHED BY THE 4TH RESPONDENT. EXT.P9- PHOTOSTAT COPY OF THE REPRESENTATION DT.29-8-2011 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. (True copy) P.A. To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).24201/2011 .............................................. Dated this the 23rd day of September, 2011 JUDGMENT Petitioner joined the 5th respondent College for MBBS in the academic year 2005-06. However, for health reasons, he discontinued the course from the academic year 2006-07 and obtained TC on 30.7.2007 and joined Mar Ivanios College, Thiruvananthapuram for B.A.Literature. According to the petitioner, his health improved and there upon, he wanted to rejoin the MBBS course, but was unsuccessful. It is also his case that he appeared for the Entrance Examination held in the academic year 2011-12 and he approached the fourth respondent on 29.8.2011 for exercising option. It is stated that there upon he was told that time limit for exercising option expired on 28.8.2011. It is in these circumstances the writ petition has been filed seeking a direction to respondents 1, 2 and 5 to re-admit the petitioner in the fifth respondent College for MBBS Course. In the alternative, petitioner also seeks a direction to respondents 1 to 6 to permit him to exercise option for admission in the academic year 2011-12. 2. As far as the prayer for readmission is concerned, no W.P.(C).24201/11 2 enabling provision in the Regulations of Medical Council of India is shown to me entitling a student to seek re-admission into a Medical College. In such circumstances this prayer sought by the petitioner cannot be granted. 3. In so far as the option which is sought to be exercised is concerned also, admittedly the time for exercising option expired on 28.8.2011 whereas the petitioner approached the fourth respondent only on 29.8.2011. In such circumstances the 2nd prayer also cannot be granted. 4. At this stage, the learned counsel for the petitioner seeks permission to move the sixth respondent. Giving liberty to the petitioner to do so, the writ petition is dismissed. ANTONY DOMINIC, Judge mrcs