HASEENA REHMAN Vs. THE DIRECTOR OF MEDICAL EDUCATION

JUDGEMENT

(1.) The petitioner was an aspirant to join one of the paramedical courses and pursuant to the selection process, she was allotted a seat for Bachelor of Cardio Vascular Technology (BCVT in short) in the 4th respondent's institution/Medical Trust College of Nursing. The petitioner joined the course in the 4th respondent's institution and is continuing studies. The petitioner, though had shown her first option as Government Medical College, Kozhikode, admission was not given to her because of availability of better candidates. But, subsequently, it was revealed that persons with lesser marks have been allotted and accommodated in the Government Medical College, Thiruvananthapuram. It is also pointed out that Government Medical College, Alappuzha was originally not included in the selection process. It was only just before the completion of the proceedings, that the said college came to be included. According to the petitioner, five students who were placed at lower ranks than the petitioner have been accommodated for the said course in the Govt. Medical College, Alappuzha. The request made by the petitioner at different points of time to accommodate her in any one of the seats in the Government Medical College, did not turn to be fruitful. It is however conceded that the petitioner though had come across the spot admission in one of the Govt. Medical Colleges, she could not participate in the process, because all the original certificates had been tendered before the 4th respondent institution/(Medical Trust College of Nursing). The present case set up by the petitioner is that one vacancy has arisen in the Government Medical College, Kozhikode and the claim of the petitioner has been duly recommended and certified as eligible vide Exts.P3 and P4 proceedings of the LBS Centre who conducted the selection exercise and the concerned University. Since the request of the petitioner has not been acted upon, the petitioner has approached this Court.

(2.) Heard the learned Counsel for the petitioner, the learned Standing Counsel for the second respondent/Kerala University for Health Sciences, the learned Counsel appearing for the 4th respondent and the learned Government Pleader for the respondents 1 and 3(Director of Medical Education and Principal, Government Medical College, Kozhikode).

(3.) The learned Government Pleader points out that the admission was already closed on 31.10.2014 and even though one vacancy is available for the course now in question, since the course has advanced much by three months, it may be difficult to obtain necessary attendance to the prescribed extent of 80%. The learned Counsel for the 4th respondent/Medical Trust College of Nursing submits that the petitioner has satisfied the fees only for the first year, i.e. to an extent of Rs. 60000/- and if at all the petitioner is permitted to leave the institution at this stage, one seat will be wasted and the 4th respondent will be losing the fees payable for the remaining three years at the rate of Rs. 60000/-.