STATE OF KERALA Vs. RIYA MUHAMMED

JUDGEMENT

(1.) This Writ Appeal arises from O.P. No.13704 of 2003 which was allowed by the learned Single Judge on 26-9-2003 as per the judgment impugned in this appeal. The appellants are the respondents in the Original Petition and the respondents herein are the petitioners in the Original Petition.

(2.) The dispute in this case relates to admission to Post Graduate Degree Courses in Homoeopathy (M.D. Homoeo) for the year 2000-2001. A copy of the Prospectus for admission to Post Graduate Degree Courses in Homoeopathy (M.D.Homoeo) for the year 2000-2001 is Ext. P1. According to Clause.7 of the Prospectus, admission to the P.G.Course shall be made on the basis of merit in the Entrance Examination conducted by the Commissioner for Entrance Examinations, Government of Kerala. However, admission to the seats reserved for the teachers of the Private Homoeopathic Medical Colleges in Kerala will be made on the basis of seniority among the concerned and there will not be any Entrance Examination for the purpose. According to Clause.8 of the Prospectus, on the basis of the performance in the Entrance Examination, the Commissioner for Entrance Examination will prepare and publish a Rank List of Common General Merit, a Select List and a Wait List on the basis of seats allotted to each category. These lists will be sent to the Chairman and Convenor of the Selection Committee. The Selection Committee will make the necessary allotment of candidates and its decision will be final and binding to all candidates. The Select List shall be valid only for three months from the date of publication. The validity period will be extended by the Government of Kerala if necessary. Additional seats if sanctioned with the approval of the Central Council of Homoeopathy during the validity period of the selection list shall be filled up from it. No individual memo shall be issued. The candidates selected for interview shall be informed through print and electronic media. According to Clause.9, selection and allotment of seats to the candidates from the rank list will be made through personal appearance. For personal appearance the candidates will be called in batches in the order of rank obtained at the Entrance Examination and selection will be made according to the availability of seats for the subject. According to Clause.12, failure to turn up for interview at the appointed time and date will result in forfeiture of their chance.

(3.) The writ petitioners (respondents herein) are holders of B.H.M.S. Degree. They applied for admission to Post Graduate Degree Courses in Homoeopathy (M.D.Homoeo) for the year 2000-2001 in the Kerala General Merit category. They appeared in the Entrance Examination and obtained Rank Nos. 30, 37, 42 and 49 respectively in the rank list published on the basis of the performance in the Entrance Examination. The said rank list was published in May 2002. The total number of seats then available was 24. Hence candidates who obtained rank Nos.1 to 50 were called for interview to be held on 27-11-2002 at Government Homoeopathic Medical College, Thiruvananthapuram. The candidates were directed to produce at the time of interview the admission card/hall ticket for the Entrance Examination and the originals of the certificates mentioned in the Prospectus. Though the interview was held on 27-11-2002 as notified, the writ petitioners did not turn up for the interview. Since two seats out of the 24 seats were reserved for teachers working in Private Homoeopathic Medical Colleges, 22 candidates were selected from among the candidates who appeared for the interview. Six candidates were included in the Wait List.