Writ petitioner sought direction to round off his entrance exam marks to 50% for PG super specialty admission. Court dismissed petition as classes had commenced and State request to lower marks was rejected.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN
MONDAY, THE 3RD DAY OF FEBRUARY 2014/14TH MAGHA, 1935
WP(C).No. 2136 of 2014 (N)
PETITIONER(S):
DR.ARUN PREETH. V., ASSISTANT PROFESSOR, DEPARTMENT OF PEDIATRIC SURGERY, MEDICAL COLLEGE, CALICUT.
BY ADV. SRI.R.K.MURALEEDHARAN.
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO THE DEPARTMENT OF HEALTH AND FAMILY WELFARE, THIRUVANANTHAPURAM.
2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM.
BY SR. GOVT. PLEADER MR.S. ABDUL SALAM.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-02-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 2136 of 2014 (N)
APPENDIX
PETITIONER'S EXHIBITS:-
| EXT.P-1: | TRUE COPY OF THE CERTIFICATE OF REGISTRATION WITH THE TRAVANCORE COCHIN COUNCIL OF MODERN MEDICINE DATED 16.07.2011. |
|---|---|
| EXT.P-1(A): | TRUE COPY OF THE PROVISIONAL DEGREE CERTIFICATE OF MS DEGREE AWARDED BY THE KERALA UNIVERSITY OF HEALTH SCIENCES DATED 27.07.2013. |
| EXT.P-2: | TRUE COPY OF THE PROCEEDINGS OF 2ND RESPONDENT DECLARING THE PROBATION OF THE PETITIONER DATED 04.02.2010. |
| EXT.P-3: | TRUE COPY OF THE RELEVANT PAGE OF THE PROSPECTUS FOR ADMISSION TO POST GRADUATE SUPER SPECIALITY COURSES 2013-14. |
| EXT.P-4: | TRUE COPY OF THE ADMIT CARD OF THE PETITIONER FOR APPEARING IN THE ENTRANCE EXAMINATION. |
| EXT.P-5: | TRUE COPY OF THE GOVERNMENT ISSUED G.O(MS) NO.3/2014 DATED 09.01.2014. |
| EXT.P-6: | TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 29.07.2013 TO THE 1ST RESPONDENT. |
| EXT.P-7: | TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 29.07.2013 TO THE 2ND RESPONDENT. |
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.A. TO JUDGE
rs.
P.N.RAVINDRAN , J.
W.P.(C) No.2136 of 2014
Dated this the 3rd day of February, 2014
J U D G M E N T
The petitioner, who is a Lecturer in the Medical Education Service and possesses an MBBS degree and MS degree in General Surgery, applied for admission to the Post Graduate Super Specialty Courses, 2013, Kerala pursuant to Ext.P3 prospectus issued by the Directorate of Medical Education. He had applied for admission to the Post Graduate Super Specialty Courses in Surgery, Paediatric Surgery and Gastroenterology Surgery. The petitioner appeared for the entrance examination that was held on 13.7.2013. In the entrance examination he secured 49.867% marks. As per the prospectus, all service quota candidates shall have to appear for and qualify in the entrance examination conducted by the Commissioner for Entrance Examinations, Kerala by securing a minimum of 50% marks. The stipulation for candidates belonging to SC/ST and other backward classes is 40%. It is stipulated that if sufficient number of candidates in the respective categories fail to secure minimum marks as prescribed in the entrance examination held for the academic year 2013-2014 for admission to PG super speciality courses, the State Government in consultation with the Medical Council of India may at its discretion lower the minimum marks required for admission to Post
W.P.(C) No.2136/2014
2
Graduate Super Specialty Courses for candidates belonging to respective categories and marks so lowered by the State Government shall be applicable for the said academic year only.
W.P.(C) No.2136/2014 3
respondents ought to have rounded off the marks secured by the petitioner to 50%.
W.P.(C) No.2136/2014
4
dated 3.9.2013. The petitioner did not move this Court before the classes commenced or the admissions were closed. He moved this
Court only on 20.1.2014 nearly four months after the course commenced and the request made by the State Government to lower the marks was rejected by the Medical Council of India. As a matter of fact, the petitioner did not move the Government with a request to lower the minimum marks prescribed for service quota candidates. His only request was to round off the marks secured by him to 50%. That request was not favourably considered. He ought to have in my opinion moved this Court earlier if he was aggrieved by the rejection and for non consideration of the request in Exts.P6 and P7. Instead, he waited till four months after the classes commenced. In view of the fact that the classes have already commenced and four months have passed thereafter and the Medical Council of India has rejected the State Government's request for permission to lower the minimum qualifying marks, I am of the opinion that no relief can be granted to the petitioner.
The writ petition fails and is accordingly dismissed.
P.N.RAVINDRAN, (JUDGE)
vps
2 issues framed by the court
Whether the State is obligated to round off the petitioner's entrance examination marks to 50% to facilitate admission despite prospectus stipulations.
Whether a writ petition filed four months after admission closures and class commencement can grant retrospective direction to the respondents.
Colour shows how this judgement treated each authority
State of UP and Another v. Pawan Kumar Tiwari and OthersReferred¶31
State of UP and Another v. Pawan Kumar Tiwari and Others (2005 (2) SCC 10) · Who else cites this
Dr. Arun Preeth. V.
State of Kerala
Director of Medical Education
P.N. Ravindran
As recorded by the court registry
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