ANIL P JOHN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE issues raised in these two writ petitions are identical and therefore, these cases were heard together and W.P.C.18518/11 is treated as the leading case.

(2.) PETITIONERS are aspirants for admission to Post Graduate Medical Super Specialty Course (D.M. Gastroenterology) in the Government Medical Colleges in the State of Kerala for the year 2011, in the General merit Quota. They are included in the rank lists published by the Commissioner for Entrance Examination.

(3.) TAKING note of the specific case of the petitioner regarding the non availability of any eligible candidate in the Medical Education Service Quota to which 2 out of 10 seats are earmarked as per the prospectus, a copy of which is produced as Ext.P2 in W.P.C.18518/11, the respondents were directed to file a statement answering the said allegation. Accordingly on behalf of the first respondent, a statement has been filed by the learned Government Pleader. In paragraph 10 of the statement it is admitted that there are no candidate in the Medical Education Service Quotaeligible for admissionto D.M. Gastroenterology and the contention appears to be that in terms of clause X (c) of prospectus the unfilled seats will be filled up from Health Service Quota candidates. The relevant part of paragraph 10 of the statement reads as follows.