ANITHA GEORGE Vs. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) This writ petition is filed to direct respondents 1 and 3 to give admission to the petitioner for the MBBS course in Calicut Medical College to the seat reserved against the Kerala Government reserved seat for the candidates of Kerala origin settled in Lakshadeep, for a further direction to the 1st respondent to conduct entrance examination for sponsoring the candidates for MBBS in the Calicut Medical College in the seat reserved to the wards of Malayalees living in Lakshadeep, for a direction to the 2nd respondent to give admission to the petitioner for MBBS course in the Calicut Medical College as she is the second rank holder in the entrance examination conducted by the Union Territory of Lakshadeep and to declare that the selection of candidates for MBBS without conducting any entrance examination by the Lakshadeep administration is unconstitutional and against the principles laid down by the Supreme Court, to select a candidate for MBBS during the academic year 2012-13 from the eligibility list already prepared in the entrance examination conducted by the Lakshadeep administration, to declare that Ext.P8 circular is null and void and is against the Medical Council Regulations and that no admissions can be given for MBBS on the basis of Ext.P8 and for a declaration that admission given to any candidate for MBBS course in Calicut Medical College on the basis of Ext.P8 circular during 2012 is null and void.

(2.) The facts as disclosed in the above writ petition would show that the Government of India has allocated certain seats for MBBS course from candidates coming from Lakshadeep. According to the petitioner, Ext.P4 Rule would clearly show that the basic criteria for selection of candidates shall be through a competitive selection examination and after preparation of a merit list. These seats are distributed among the candidates according to the rank list prepared on the basis of the marks obtained in the entrance examination except in the case of one seat reserved for wards of non-islanders. According to the petitioner, two seats are alloted for MBBS for giving admission to the wards of non-islanders. It is stated that in the test so conducted all eligible wards of the whole main land can participate. No reservation is given for any special category of persons like Malayalees, Tamilians etc. in order to give admission to such seats.

(3.) The Lakshadeep administration conducted an entrance examination for the allocation of MBBS/BDS and Engineering seats alloted to the Union Territory of Lakshadeep islands by the State/Central Government of India on 30th May 2012 and 31st May 2012. Ext.P5 is the said notification wherein it is stated that appearance in Lakshadeep Medical and Engineering entrance test is compulsory for candidates aspiring for medical and engineering seats from Lakshadeep quota. The test was conducted by Cochin University of Science and Technology and the petitioner was ranked No.2. Ext.P6 is the rank list. Further Lakshadeep administration has framed rules during 1979 for selection of candidates for MBBS course against the Kerala Government reserved seats for the wards of Malayalees living in Lakshadeep. Ext.P7 is the said rules. According to the petitioner, Ext.P7 rule is silent about the conduct of any qualifying examination for selecting the candidate eligible for getting MBBS against the Kerala Government reserved seats. As per Clause No.2.2.1 one seat is reserved for the wards of non-islanders. But no entrance examination is conducted to select the eligible student under this category even though merit shall be the only criteria for the selection of the most eligible and qualified candidates to fill up the seat earmarked for non- islanders. The student who has passed Plus Two examination of the Board of Higher Secondary Education, Kerala or examination equivalent thereto with 50% marks in Biology, separately 50% marks in Physics, Chemistry and Biology put together are eligible for getting the benefit of reservation. The Lakshadeep administration has framed rules as per Ext.P8, circular dated 22/06/2012.