SIVANANDAN V K , HELPER FOR LINEMAN Vs. ADMINISTRATOR

JUDGEMENT

(1.) THIS appeal is filed by the petitioners in the writ petition challenging the judgment of the learned Single Judge in W.P(C) No. 19207/2014.

(2.) THE writ petition is filed challenging Ext. P9 circular dated 23.6.2014, issued by the Director of Education, Administration of Union Territory of Lakshadweep inter alia stating that in respect of one seat for MBBS Course reserved by Government of Kerala for the wards of persons of Kerala origin working under Lakshadweep Administration for the year 2014 -2015, merit list will be prepared as per the direction given by CBSE as per their letter dated 4th July, 2013 and the grace mark prescribed in the selection rule will be added to the marks obtained for Physics, Chemistry and Biology in All India Pre - medical and Pre -dental Entrance Test, 2014 (AIPMT). The petitioners also sought for a direction to respondents 1 and 3 to follow Ext. P7 Rules in drawing up the merit list against MBBS seat reserved for the wards of Malayalees living in Lakshadweep and other consequential reliefs .

(3.) THE facts involved in this case would show that the 2nd petitioner is the ward of the 1st petitioner. The 1st petitioner is working in Lakshadweep and the 2nd petitioner has undertaken her schooling in standards 3 to 10 in the Island itself. She had undergone her plus 2 course also in the Island. She belongs to scheduled caste category. As per Ext. P7, the Administrator of Union Territory of Lakshadweep has framed rules for selection of candidates for MBBS Course in respect of one seat reserved by Kerala Government for the wards of Malayalees living in Lakshadweep other than local inhabitants. Ext. P7 is dated 18.7.1979. As per Ext. P7, those who have secured at least 50% of aggregate marks for the Pre -degree or equivalent examination shall be eligible to apply for the said reserved seat. Clause 4 further indicated that weightage will be given for duration of the candidates' schooling in Island school. The 2nd petitioner is also entitled for such weightage as she studied in the island schools in terms of clause 4. The contention of the petitioners is that when 2nd petitioner is eligible to get admission to the MBBS Course on the basis of Ext. P7 without nothing further, the 2nd respondent has issued Ext. P9 on 23.6.2014, which is in variance with the rules framed in terms of Ext. P7 and the practice followed up to 2013. The petitioners submits that in terms of Ext. P9, 2nd petitioner had submitted necessary application for allotment of MBBS seat. A representation was also submitted on 15.7.2014 requesting to withdraw the condition stipulated in Ext. P9 which inter alia required to add the weightage to the marks obtained in the AIPMT examination. It is contended that the introduction of new stipulation in Ext. P9 that merit list will be prepared by adding prescribed grace marks to the marks obtained in the AIPMT examination is contradictory to the provision in Ext.P7 rule which states that for selection of candidates, the criteria/norms prescribed in the selection rule by the Lakshadweep Administration alone applies. Therefore, it is contended that Ext. P9 is in violation of Ext.P7 rules.