POURNAMY MOHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE issue boils down to the sharing of seats between the management of various self financing medical colleges and the Government for the Post Graduate Medical Courses, 2011. All these writ petitions are connected and I shall refer to the exhibits and parties in W.P.(C) No.16421 of 2011 filed by Kerala Christian Professional College Managements' Federation and another for the sake of convenience.

(2.) EXT.R1(c) is the No Objection Certificate issued by the government to start Post Graduate Courses as a pre-requisite for the grant of Essentiality Certificate and it inter alia reads as follows:-

(3.) THE necessity for providing a time schedule for the course and fixing the period during which admissions can take place has been highlighted in Medical Council of India v. Madhu Singh and others [2002 (7) SCC 258]. THE same has been reiterated in Mridul Dhar v. Union of India [2005 (2) SCC 65] which fixes the last day for admission to Post Graduate Courses as 31st May. This prompted the State to move Ext.R3(c) application leading to Ext.R3(d) order of the Supreme Court. Ext.R3(d) order inter alia reads as follows:- Though on behalf of certain private medical colleges as well as the students certain grievances were put forth, we are not going into the merits of their claim in this application. Considering the earlier orders of this Court and the Regulations of MCI and the details furnished in support of the above application, we extend the time by 1st July, 2011. It is brought to our notice that some writ petitions were filed before the High Court and are pending as on date. In view of the same, the present order of us extending the time is without prejudice to the stand of the respective parties in those writ petitions. It is also clarified that in respect of the above selection, the Medical Council of India is free to make appropriate action in accordance with their regulations applicable. (emphasis supplied) THE petitioners contend that Ext.R3(d) order is only a revival of Ext.R1(a) order in the same writ petition by the Supreme Court and can therefore relate to All India quota only. But a reading of Ext.R3(c) application reveals that it very much relates to the State quota available in the self financing medical colleges. Ext.R3(d) order specifically refers to 66 Post Graduate Degree seats and 8 Post Graduate Diploma seats which allays the apprehension that it relates only to seats surrendered, fallen vacant or fresh. THE petitioners have no case that it is not bound by the extension of time granted till 1.7.2011 by the Supreme Court evidenced by Ext.R3(d) order. It necessarily follows that the Government is entitled to allot seats in the 50% State quota on or before 1.7.2011. THE consequence that flows therefrom is that candidates admitted by the management on its own in the State quota deserve to be expelled. THE Government was justified in issuing Exts.P14 and P16 orders directing the self financing medical colleges to cancel the admissions made in the 50% State quota.