SHYAMA MANOJ Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER secured admission to the DCH Course in the Government Medical College, Thiruvananthapuram on the strength of her rank in the All India Entrance Examination. She also wrote the Examination held by the State Government. She secured rank No. 967. Petitioner belongs to Scheduled Caste Community. In the list of Scheduled Caste Community, her rank is 18. She had participated in the First and Second round counseling held by the second respondent. By Ext.P3, the second respondent after the final round of the All India allotment, notified the final round allotment process for the State quota seats vide Ext.P3. Petitioner obtained Ext.P4 No Objection Certificate from the Government Medical College, Thiruvananthapuram. One seat of M. D. in Paediatrics was reserved for the Scheduled Caste candidates in the fourth respondent College. According to petitioner, she is entitled to allotment to the said seat reserved for Scheduled Caste candidate. By Ext.P7, however, she has been denied the allotment. Ext. P7 reads as follows:

(2.) PETITIONER seeks the following reliefs:

(3.) LEARNED counsel for the petitioner would submit that there is no warrant for denying the allotment to the Course in the fourth respondent College. It appears that the vacancy in the fourth respondent College had already been filled up by admitting one Dr. Hari prior to 31.5.2012. It is further not disputed that he secured spot admission on 31.5.2012 for Post Graduate Course in the Kottayam Government Medical College. The said vacancy has not been filled up then. Learned counsel for the petitioner would further contend that there is no clause which mandates that surrender of a seat in the All India Quota, should be made before 22.6.2012. He refers to Clause 12 (K) in the prospectus issued for the All India Examination. According to him, all seats which are remaining vacant after the allotment of the second round of counseling or falling vacant thereafter shall be deemed to have been surrendered to the respective States. He would also submit that the petitioner was not aware of the vacancy in M.D. Paediatrics and she became aware of it only on 1.7.2012 when it was published in the web site. He also relies on the regulations made by the Medical Council of India. He points out that seats could be filled up by 31.5.2012, if they are vacant for any reason. Therefore, according to him, when that time limit is extended till 15.7.2012, on the same logic and principle, the admission can be given till 15.7.2012. According to him, the very basis for the Government refusing the choice is that the seat which will fall vacant will go waste, is without basis. According to him, there is nothing wrong in the Government of Kerala filling up the vacancy of DCH which would arise, if the petitioner is given admission to M.D. in Paediatrics. He would further submit that the Court must remember that the petitioner is clearly the more meritorious candidate. He would also point out that the petitioner could not be expected to surrender the All India seat, particularly when the petitioner was ranked eighteen in the list of Scheduled Caste candidates and the last rank holder from the list of Scheduled Caste candidates is No.13 who is Dr. Hari who was admitted in the fourth respondent College.