DIRECTOR AYURVEDA MEDICAL EDUCATION Vs. P AISHWARYA

JUDGEMENT

(1.) Whether teachers of Self-financing Colleges are entitled for admission to the Post Graduate courses in Ayurveda in the teachers quota earmarked, for the teachers of Government and Aided Colleges in the State is the question that has come up for consideration in this case.

(2.) The Director of Ayurveda Medical Education, Government of Kerala conducts post-graduate courses in various specialities in the seats available in the various Government Colleges and Aided Colleges in the State every year. For the year 2005-06 out of 77 seats 6 seats are ear-marked for Scheduled Caste community, one seat for Scheduled Tribe candidate, 15 seats are reserved for teaching staff of Ayurveda Colleges in the State, one seat is reserved for the Medical Officer of the Department of I.S.M., one seat is reserved for the candidate sponsored by the Lakshadweep Administration, 12 seats are reserved for candidates from outside the State of Kerala (11 general and 1 SC/ST) and 41 seats are available for general merit candidates. Thus the total seats available are 77. Admission to Postgraduate course except in the case of members of SC/ST, teaching staff of Ayurveda Colleges, Medical Officer of the Department of I.S.M and also candidate sponsored by the Lakshadweep Administration shall be made on the basis of an entrance examination conducted by the Commissioner of Entrance Examination.

(3.) Petitioner in the Writ Petition is working as Lecturer in a private Self Financing Ayurveda Medical College. She has not applied under the general merit quota by writing the entrance examination on the ground that the prospectus permitted teachers from Government Colleges, Aided Colleges and Self-financing Colleges to apply under the teachers quota. Considerable stress was made on the words "ayurveda colleges in the State" which fall under Clause 2(b) of the prospectus as well as on the expression "private colleges" occurring in Note 2 in Clause 2. Petitioner also submitted that Government vide Ext. R1(a) government order dated 16.03.2006 have amended the prospectus by restricting the teachers quota to "teaching staff of Government and aided colleges" and that the prospective amendment would not affect the claim of the petitioner for admission to P.G. Course in Ayurveda under the teachers quota as per the prospectus for the year 2005-2006. Learned single Judge accepted the contention of the petitioner and gave a declaration that the petitioner is entitled to be considered as against the reserved quota for teaching staff. Positive direction was also given to admit the petitioner as against the reserved quota. Learned single Judge accordingly allowed the Writ Petition as per judgment dated 28.03.2006, which is reported in Dr. Mini v. Director, Avurveda Medical Education.