Disposed

Dr.Arun Kumar.D and Others v. State of Kerala and Others

Kerala HC8 Apr 2016WP(C)/13474/2010

Case brief

AI extract

What is this about?

In this writ petition, SC/ST candidates challenged amendments to the medical admission prospectus that reduced their reservation share. The High Court held that since the interim order had already secured their admissions, no substantive question survived for final decision and the petition was disposed accordingly.

What did the court decide?

Writ petition disposed of in terms of the interim order directing recomputation of seats for SC/ST candidates.

Dr.Arun Kumar.D and Others Vs State of Kerala and… — Education and Admissions | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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FRIDAY, THE 8TH DAY OF APRIL 2016/19TH CHAITHRA, 1938

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WP(C).No. 13474 of 2010 (H)

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PETITIONER(S):

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DR. ARUN KUMAR.D, “CITADEL”, KUNNAMANGALAM.P.O,, KOZHIKODE, PIN - 673 571.

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DR. JITHIN LAL.M, AMMINI, CHEVAYUR.P.O,, KOZHIKODE, PIN - 673 071.

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DR. ANNAPOORNA, AMRUTHA BHAVANAM,, HOUSE NO. 38 A,, CHEMBAKA NAGAR ROAD,,

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THIRUVANANTHAPURAM -1.

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BY ADVS. SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND

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RESPONDENT(S):

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STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY, WELFARE

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DEPARTMENT, SECRETARIAT,, THIRUVANANTHAPURAM - 695 001.

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DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION,, MEDICAL COLLEGE.P.O,,

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THIRUVANANTHAPURAM - 695 011.

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THE MEDICAL COUNCIL OF INDIA, REPRESENTED BY ITS REGISTRAR,, NEW DELHI.

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SECRETARY TO GOVERNMENT, SCHEDULED CASTE DEVELOPMENT DEPARTMENT,, SECRETARIAT,

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THIRUVANANTHAPURAM - 695 001.

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THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, OFFICE OF THE COMMISSIONER FOR, ENTRANCE

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EXAMINATIONS, HOUSING BOARD, BUILDINGS, SANTHI NAGAR,, THIRUVANANTHAPURAM - 695 001.

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BY SRI.ALEXANDER THOMAS, SC, MCI BY SPECIAL GOVERNMENT PLEADER SMT.P.K.SANTHAMMA

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-04-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 13474 of 2010

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APPENDIX

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EXHIBITS

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P1TRUE COPY OF THE ADMIT CARD OF THE 1ST PETITIONER

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P2TRUE COPY OF THE ADMIT CARD OF THE 2ND PETITIONER

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P3TRUE COPY OF THE ADMIT CARD OF THE 3RD PETITIONER

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P4TRUE COPY OF THE RELEVANT PORTION OF PROSPECTUS FOR MEDICAL POST GRADUATE DEGREE/DIPLOMA COURSES 2010 APPROVED BY GOVERNMENT AS PER G.O.(Rt) NO.3742/2009/H&FWD DATED 24.12.2009 WAS PUBLISHED BY THE DIRECTORATE OF MEDICAL EDUCATION AS PER NO.B2/21226/2009/DME.

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P4(a)- TRUE COPY OF THE NOTIFICATION NO.CEE/2485/PGM/2009/TA IV DATED 1.1.2010

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P5TRUE COPY OF THE NOTIFICATION NO.B2/4500/2010 DME DATED 13.4.2010

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P6TRUE COPY OF THE REVISED ANNEXURE III

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P7TRUE COPY OF THE REVISED ANNEXURE IV.

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P8TRUE COPY OF THE G.O.(Rt).NO.199/2010/H&FWD DATED 15.1.2010

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P9TRUE COPY OF THE CATEGORY LIST OF QUALIFIED CANDIDATES

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P10TRUE COPY OF THE NOTIFICATION NO.B2/4500/2010/DME DATED 17.4.2010

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P11TRUE COPY OF THE STATEMENT OF POST GRADUATE MEDICAL DEGREE SEATS IN KERALA FOR THE YEAR 2010 TO BE ALLOTTED BASED ON COMMON ENTRANCE EXAMINATION

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P12TRUE COPY OF THE STATEMENT OF POST GRADUATE MEDICAL DIPLOMA SEATS IN KERALA FOR THE YEAR 2010 TO BE ALLOTTED BASED ON COMMON ENTRANCE EXAMINATION

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P13TRUE COPY OF THE POST GRADUATE MEDICAL EDUCATION (AMENDMENT) REGULATION 2006

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P14TRUE COPY OF THE STATEMENT OF SCHEDULED CASTES/SCHEDULED TRIBES QUOTA-OUT OF TOTAL SEATS UNDER STATE QUOTA 10% RESERVATION SCHEDULED CASTE AND SCHEDULED TRIBE CANDIDATES FOR THE YEAR 2008

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P15TRUE COPY OF THE STATEMENT OF SCHEDULED CASTES/SCHEDULED TRIBES QUOTA-OUT OF TOTAL SEATS UNDER STATE QUOTA 10% RESERVATION SCHEDULED CASTE AND SCHEDULED TRIBE CANDIDATES FOR THE YEAR 2008

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P16TRUE COPY OF THE STATEMENT OF SCHEDULED CASTES/SCHEDULED TRIBES QUOTA-OUT OF TOTAL SEATS UNDER STATE QUOTA 10% RESERVATION SCHEDULED CASTE AND SCHEDULED TRIBE CANDIDATES FOR THE YEAR 2009

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P17TRUE COPY OF THE STATEMENT OF SCHEDULED CASTES/SCHEDULED TRIBES QUOTA-OUT OF TOTAL SEATS UNDER STATE QUOTA 10% RESERVATION SCHEDULED CASTE AND SCHEDULED TRIBE CANDIDATES FOR THE YEAR 2009

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P18A TRUE COPY OF THE GO(Ms) 131/71/Edn DATED 6.8.1971

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//True Copy//

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P.S.To Judge

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RAJA VIJAYARAGHAVAN.V., J

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JUDGMENT

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1.Amendments brought out in the prospectus after the admission process commenced in respect of the Post Graduate Medical Admission for the year 2010, is the subject matter of this writ petition .

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2.By way of an interim order, this court had directed respondent Nos. 1 and 2 to recompute the seats after making sure that the 10% seats available for the Scheduled Caste and Scheduled Tribes be computed on the basis of total number of seats available and admissions be made accordingly under the State quota. This was confirmed in appeal as well. The petitioners have passed out in the meanwhile.

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3.It appears that after the passing of the interim order, seats were recomputed and the prospectus was

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W.P.(C).13474/2010

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modified provisionally. The same was made subject to the result of this writ petition.

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4.Brief facts which led to the filing of the writ petition is that, the petitioners belong to Scheduled Caste community and they had applied for the common entrance examination for the Medical Post Graduate degree course for the year 2010. Ext.P4 is the prospectus governing admission to the course.

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5.The petitioners relies on clause VI(c) of the prospectus which governs the setting apart of the seats for the SC and ST candidates. Clause VI(c) is extracted below for easy reference:

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“SC/ST quota - leaving seats set apart the persons with disabilities 10% of the remaining seats under State quota will be given to SC/ST candidates. Seats as specified in Annexure-3 & 4 will be reserved for SC/ST candidates.”

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6.According to the learned counsel, if this criteria is adopted, the total number of seats in the Medical Post Graduate degree/diploma courses for the year 2010

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W.P.(C).13474/2010

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being 241, the total seats earmarked for SC and ST ought to be 24. Later, notification dated 13.4.2010 was issued by the Government as per which the total number of seats were enhanced to 300. Petitioners therefore contended, relying on clause VI (c), that SC candidates were entitled to get 8% seats and the ST candidates were entitled to 2% of the seats out of the total number of 300 seats available.

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7.While so, Ext.P4, prospectus was amended by issuing Government Order dated 15.1.2010 which is produced as Ext.P8. By virtue of Ext.P8, clause VI(a) and VI(c) was modified in the following manner:

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“Leaving the seats set apart for persons with disabilities, ex-service quota and service quota, remaining seats for Post Graduate degree/diploma courses will be allotted among general merit, SC/ST and other reservation categories.”

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8.It is the case of the petitioners that clause VI(c) of

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Ext.P4 prospectus as amended by Ext.P8, is illegal

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and opposed to all provisions of law and violates the rights guaranteed to the petitioners under the Constitution of India. The petitioners' grievance is that by virtue of the amendment, the seats which are to be allotted to the SC/ST candidates was drastically reduced.

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9.It is in such circumstances that the instant writ petition was preferred seeking to quash Exts.P6, P7 and P8 and for a declaration that SC/ST candidates are legally entitled to 10% of the total number of seats available for distribution under the State quota for the Medical Post Graduate degree/diploma courses, 2010.

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10.It is the contention of the petitioners that the Director of Medical Education had no jurisdiction to reduce the percentage of reservation of SC/ST from 10% for admission to Medical Post Graduate degree/diploma courses in the State of Kerala.

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11.As stated above, by the interim order, this Court had

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W.P.(C).13474/2010

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directed respondent Nos. 1 and 2 to see the 10% of the seats available for SC/ST be computed on the basis of total number of seats and admissions be made accordingly under the State quota. It was further directed that the above process should be completed and admissions made well before 30.6.2010 which was the last date prescribed by the Supreme Court for admission to the Post Graduate Medical Course for that particular year.

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12.I have heard the learned counsel appearing for the

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petitioners as well as the learned Special Government Pleader (SC/ST).

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13.In view of the interim order passed by this Court holding that respondents 1 and 2 are bound to compute the 10% of seats to be allotted to the SC/ST on the basis of total number of seats and admissions be made under the State quota and as the petitioners had secured admission to the Post Graduate course on the basis of the above interim order, nothing

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W.P.(C).13474/2010

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survives in this writ petition.

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14.The learned counsel appearing for the petitioners would point out that on 29.6.2010, G.O(Rt) No.2530/2010/H & FWD was issued by the Joint Secretary to Government as per the order of the Governor that the Director of Medical Education has forwarded the proposal for re-computing all the seats on the basis of the interim order passed in the instant case. After examining the proposal in detail, the prospectus was modified as ordered by this Court. Referring to Annexure-R1(a), the learned counsel would submit that the modification was provisional and subject to the final decision of the High Court in the instant writ petition.

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15.In this context, it is to be noted that in the year

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1971, the State of Kerala had issued G.O.(MS). No.131/71/Edn. dated 6.8.1971 by which the State took a decision to reserve 10% of the seats in favor of the SC/ST students in the Medical, Engineering,

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Agriculture, Law and Veterinary colleges. It is further stipulated therein that the said percentage of reservation is also made applicable even to Post Graduate Course in the Government colleges. It is common ground that the reservation of 10% was as per the aforesaid stipulation in Ext.R1(a) and that the said criteria is being strictly complied with in respect of the entire seats available as a whole without excluding the other reservation categories.

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16.In the year 2010, it appears that a slight dilution

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was made because of the fact that in the year 2008, legislature of Kerala under the Kerala Medical Officers Admission to Post Graduate Course under the Service Quota Act, 2008, which mandated that the State shall provide reservation in favour of the persons serving in the State of Kerala as per Section 5 of the said Act.

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17.It is submitted by the learned Government Pleader (Special) that pursuant to 2010, the stipulation as

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W.P.(C).13474/2010

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regards 10% of the seats allotted to SC/ST candidates as per the aforesaid G.O dated 6.8.1971 is being followed in letter and spirit and no dilution is made in respect of SC/ST candidates.

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18.I record the above submission of the learned Government pleader and as the petitioners have already secured their admission, I do not think that anything survives to be considered in this writ petition.

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