ARUNKRISHNAN T P Vs. STATE OF KERALA

JUDGEMENT

(1.) The challenge in both these Writ Petitions is with regard to the fixation of the last date for completing the Internship as on '31/10/2008' in Ext. P1 prospectus issued by the fourth respondent with regard to the admission to the Post Graduate Course of M.D. (Homoeo) offered in the Government Homoeopathic Medical Colleges at Thiruvananthapuram and Kozhikode. The petitioners in WP (C) No. 36528 of 2008 have completed their Degree Course B.H.M.S. in the Government Homoeopathic Medical College, Kozhikode under the Calicut University; whereas the petitioners in the other case have completed the similar course in different institutions such as Dr. Padiar Memorial Homoeopathic Medical College, Chottanikkara and Athurasramam N.S.S. Homoeopathic Medical College, Kottayam, both under the M.G. University. All the above petitioners secured admission to the B.H.M.S. Course in the year '2002' based on the 'common entrance test' conducted by the third respondent and the allotment to the different colleges under different Universities was of course on the basis of the merit and option exercised by such candidates.

(2.) As evident from Ext. P12 produced in WP (C) 36528 of 2008, the date of starting of the B.H.M.S.- 2002 batch in the Government Homoeopathic Medical College was on 17/09/2002, the date of the first year examination of the above batch was on 16/06/2004 and the dates of promotion to the second year, third year and to the fourth year B.H.M.S. were 04/10/2004, 04/10/2005 and 04/10/2006 respectively. It is also evident from Ext. P12 that the final year examination was conducted on 04/10/2007 and the final year result was published on 27/11/2007. After coming out successful in the final year examination, the petitioners obtained their provisional degree certificate, on the basis of which they secured provisional registration from the Travancore Cochin Council of Homoeopathic Medicines, which is a pre requisite for commencement of 'Internship', and it was actually started on 06/12/2007 as shown in Ext. P12. The Internship was completed on 05/12/2008. On the basis of such credentials, the petitioners are seeking admission for the Post Graduate Course in M.D. (Homoeo) as stated herein before.

(3.) With regard to the petitioners in WP (C) 36529 of 2008, similar statistics are available from Exts. P11 and P12 issued by the concerned Medical Colleges. As borne by Ext. P11 issued by Dr. Padiar Memorial Homoeopathic Medical College, the Internship for 2002-08 batch was commenced only on 18/01/2008 and the normal duration of One Year Internship as per the norms of the Central Council of Homoeopathy was to be over only on 17/01/2009. As stated therein, the final year B.H.M.S. Class was completed only on 09/07/2007; the result of the final year examination was published on 11/01/2008 and the date of provisional registration given by the Medical Council was on 15/01/2008, thus enabling the students to have commenced their Internship on 18/01/2008 and in turn completed the Internship on 17/01/2009. In the case of the other Medical College (viz., Athurasramam N.S.S. Medical College, Kottayam), the position reflected from Ext. P12 is that the 4th year B.H.M.S. Course was completed on 13/07/2007; the date of publication of the final year result was on 08/01/2008; the date of commencement of Internship was on 19/01/2008, which was over on 18/01/2009.