VINOD K M Vs. STATE OF KERALA

JUDGEMENT

(1.) WA 315/2012 is filed challenging an order dated 22/02/2012 refusing an interim relief in WP No. 4279/2012, by the learned Single Judge. The Writ Petition came to be filed by the petitioner challenging Ext. P3 an order issued by the State Government, alleging the same as contrary to the stipulation contained in Clause 9 of Ext. P1 Prospectus. The appellant appeared for Common Entrance Examination for admission to Post-Graduate Medical Course in the State. In Ext. P3, the State Government had given concession or relaxation to service quota candidates so far as negative marks, hence it is contended that Ext. P3 is in violation of Article 14 of the Constitution of India and sought for quashing the same. As the learned Single Judge refused interim relief of staying the operation of Ext. P3, appellant filed this appeal. All are required to appear for Common Entrance Examination and only those candidates securing minimum of 50 marks at the examination would be eligible for admission process. This condition was stipulated and implemented at the instance of the 4th Respondent Medical Council of India (for short 'MCI'). As Ext. P3 has no prior approval of the 4th respondent, the withdrawal of negative marking for in-service candidates is contended, against the regulations prescribed by the MCI. According to the petitioner it is nothing but a move to facilitate certain candidates in service to secure Post-Graduation Seats. Therefore, the action in issuing Ext. P3 is highly motivated and the move is nothing but a mala fide one. There is no provision for bifurcation of allotment of seats between service quota candidates and non-service quota candidates so far as the 4th Respondent is concerned. On the face of it Ext. P3 has no nexus with the object of the selection process as there is no basis for granting such relaxation, is the contention of the petitioner. At no point of time such relaxation was conceived by this Court. It is nothing but abuse of power by the 1st Respondent State and cannot be a policy which could have positive results is the stand of the petitioner. If Ext. P3 is given effect to, it would lead to two categories of candidates, one who gets admission with negative marks with rules applicable and the other who gets admission without negative marks. With these averments, he seeks for the following reliefs:

(2.) So far as WP (C) 8607/2012 is concerned the petitioner applied for P.G. course under general merit quota. He even attended the entrance examination on 19/02/2012. He could not secure minimum eligibility marks of 50% out of 1200 marks. Exts. P3 and P4 have resulted in special privilege to service quota candidates. This also has an impact on the other service quota candidates because the candidates who could not have secured eligible marks with negative marking have secured eligible marks, thereby obstructs service quota candidates who are more meritorious to secure a seat. It is nothing but a discriminatory approach on the part of the 1st Respondent State. Therefore, they challenge the same as gross violation of Article 14 of the Constitution of India. If only negative marking was not applicable to the petitioner, he would have become eligible for the Post-Graduation course as he secured 476.3514 out of 1200 marks. There cannot be any different method in the matter of deducting negative marks so far as service quota candidates and non-service quota candidates. The service quota candidates are not separate class for that purpose as different from open quota candidate. If any privilege is extended it has to be extended to all other candidates like the petitioner who had applied in the general merit quota. With these averments he has sought for the following reliefs:

(3.) In WP (C) 6550/2012 the petitioner a doctor who is in service had applied for Post-Graduation Course both under open quota as well as service quota. It was only a single examination. According to the petitioner Ext. P3 Government order issued by the State Government at the fag end of the selection process one day prior to the test by withdrawing negative marks under Ext. P3 is nothing but an arbitrary and illegal approach on the part of the first respondent State. It is further contended, the award of negative marks in the competitive test for P.G. is a practice that has been followed for several years and the same could not be cancelled abruptly without the approval of the MCI. Ext. P3 is nothing but a colorable exercise of power for extraneous consideration, is the contention of the petitioner. The result of Ext. P3 is discrimination in the matter of admission to P.G. Course between open quota candidates and in-service candidates, which was not at all contemplated under Ext. P1 Prospectus. The stipulation regarding negative marks applies to physically challenged category as well, though they are entitled for relaxation. By virtue of Ext. P3 less meritorious candidates are inducted, contending as above, he sought for the following reliefs: