Petitioner, a SC candidate seeking PG Medical admission, challenged seat allocation. Selection completed under prospectus released before petition was filed. Court dismissed petition, holding it unjustified to upset allotted seats. Petition failed.
Petition dismissed. Allotment and earmarking of seats by respondents affirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930
WP(C).No. 6442 of 2008(P)
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PETITIONER:
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DR.P.S.SATHEESH KUMAR, S/O.SANKARAN, R-20A, TC 1/730(1), JAINAGAR, MEDICAL COLLEGE, TRIVANDRUM-695 011.
BY ADV. SRI.N.N.SUGUNAPALAN (SR.), ADV. SRI.S.SUJIN.
RESPONDENTS:
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1. DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM.
2. COMMISSIONER OF ENTRANCE EXAMINATIONS, THIRUVANANTHAPURAM.
3. THE PRINCIPAL SECRETARY, MEDICAL EDUCATION, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM.
4. STATE OF KERALA-REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM.
BY GOVERNMENT PLEADER SRI. I.V. PRAMOD.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/04/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC, J.
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WRIT PETITION NO.6442 OF 2008
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Dated this the 10th day of April 2008
JUDGMENT
Petitioner, who is scheduled caste candidate, aspires for admission to Post Graduate Dental Course. Ext.P1 is the prospectus and Clause-v of the prospectus shows the distribution of seats, of which the two are earmarked to be filled up from among candidates belonging to Scheduled Caste and Scheduled Tribe. Petitioner aspires for admission to Ortho Dontics and Conservative Dentists. According to him, this year, by way of rotation, these two subjects ought to have been earmarked to be filled up from among the candidates belonging to scheduled castes and scheduled tribes. It is on that basis the writ petition has been filed.
seat in Oral Pathology and Micro Biology each are set apart for SC/ST candidates. It is also stated that based on the prospectus, selection has been held and the results were declared on 23.1.2008.
The writ petition fails and it is dismissed.
ANTONY DOMINIC, JUDGE
css/
2 issues framed by the court
Whether the petitioner, a Scheduled Caste candidate, is entitled to admission in a PG Dental course under Rotational Reservation System when selection was completed based on a prospectus issued earlie
Whether the High Court can set aside the allotment made by the respondents based on a prospectus issued before the filing of the writ petition.
DR.P.S.SATHEESH KUMAR
DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM
COMMISSIONER OF ENTRANCE EXAMINATIONS, THIRUVANANTHAPURAM
THE PRINCIPAL SECRETARY, MEDICAL EDUCATION, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM
STATE OF KERALA
ANTONY DOMINIC
JUDGE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
