ANIL KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) IN the Kerala State, the imbroglio in the field of admissions to medical courses continues unabatedly every year, without any solution in sight in the near future. Sadly, it appears as if for some reason or other, every step taken by the Government in the field of admissions to medical courses only adds to the confusion every time. IN these Writ Petitions, the scene shifts to the field of admissions to super-speciality postgraduate medical courses in Kerala, for this year. Since the issues arising in all these Writ Petitions are one and the same, these Writ Petitions have been heard together and are being disposed of by this common judgment. For convenience in preparing judgment, unless otherwise specifically indicated otherwise, the rank of parties and exhibits referred to herein below shall be as obtaining in W.P.(C) No. 16039/10.

(2.) THE petitioners herein are aspirants for admissions to the super-speciality postgraduate medical courses in various disciplines in the merit stream, who are aggrieved by certain eligibility criteria fixed by the Government in the prospectus for admissions to those courses, except the petitioner in W.P.(C) No.24829/10. Ext. P1 is the prospectus issued by the Government of Kerala for such admissions, this year. THE challenge originally was against three sub-clauses of Clause No.III(a) thereof, under the main heading "Eligibility for admission" with the sub heading 'Nativity'. THE same reads thus:

(3.) A counter affidavit has been filed by the State in W.P. (C) 16101/10, which has been adopted as the counter affidavits in other Writ Petitions also, by leave of the court. The contention of the State therein is that the impugned clauses do not provide for any reservation, but only preference, which is not prohibited by the Medical Council or the Supreme Court. According to them the same is only an eligibility criterion, which cannot be equated with communal or other reservations, which only are prohibited. The Government, which establishes, administers and maintains medical colleges spending crores of rupees is entitled to prescribe eligibility conditions for admissions to courses in medical colleges, which cannot be termed to be arbitrary or illegal, which only has been done by the impugned clauses, is their contention.