IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 16675 of 2006(I)
1. ANISHA.A.BASHIR, D/O.V.S.BASHIR,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE DIRECTOR OF MEDICAL EDUCATION,
3. THE COMMISSIONER OF ENTRANCE EXAMINATION
4. THE DIRECTOR OF HEALTH SERVICES,
5. THE PRINCIPAL,
6. BINDU, LECTURER IN OPTHALMOLOGY,
For Petitioner :SRI.C.P.MOHAMMED NIAS
For Respondent :SRI.R.RAMADAS
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :10/04/2007
O R D E R
J.B.KOSHY & T.R.RAMACHANDRAN NAIR, JJ.
-------------------------------------
W.P.(C)No.16675 OF 2006
-------------------------------------
Dated 10th April, 2007
JUDGMENT
Koshy,J
.
Petitioner filed this writ petition to quash Ext.P2
order issued by the Government wherein it is stated that the
reverted seat to the State quota from All India quota shall be
filled up as per the norms for the State quota. In other
words, in the reverted seat also a reservation as applicable
to the State quota will be applicable. From the year 1988,
25% of the total Post Graduate Medical Courses in the State
were allocated for All India quota. The above percentage was
increased to 50% in 2005. The Hon’ble Supreme Court directed
that if those seats were not filled up due to absence of
candidates, that also should be reverted to the State quota.
In Amit Gupta v. Union of India ((2005) 12 SCC 613), it was
held as follows:
“The States are permitted to fill up
the seats reverted to them on account of
seats of all India quota having fallen
vacant on the selected candidates having
not joined the courses.”
Accordingly, this year 115 seats in the P.G Degree courses and
76 seats in P.G. Diploma courses were set apart for All India
W.P.(C)No.16675/2006 2
quota and 40 P.G. Degree seats and 33 P.G. Diploma seats in
the All India quota were reverted back to State quota. In
the prospectus for admission to the P.G course, no
specific norms were mentioned regarding the admission to
reverted seats. Therefore, it is the contention of the
petitioner that then those seats can be filled up only from
merits. Various decisions of the Supreme Court like Mohan
Bir Singh Chawla v. Punjab University ((1997) 2 SCC 171),
Preeti Srivastava (Dr) v. State of M.P. ((1999) 7 SCC 120)
etc. were cited to show that in the Post Graduate Courses
reservation should be restricted. In Kerala State, in the
State quota there is reservation to the service candidates.
According to the Government Pleader, such a course is
adopted for attracting more persons to the service in rural
areas, teaching profession etc. Experienced service
candidates while writing Entrance Examination with fresh
graduates may not obtain the same high ranks. But, they
also have to get the minimum marks and reservation to
service candidates is also a policy matter. The direction
of the Supreme Court is that 50% seats will be reverted to
the State quota. When 50% seats are reverted to the State
quota, automatically, the norms applicable to the admission
to the students in the State quota will prevail. While
filling up the reverted seats, the same norms for State
W.P.(C)No.16675/2006 3
quota will have to be applicable and Government is bound to
adopt that method. By Ext.P2 no specific change is made
out. Such a course was not adopted by the Government
earlier as number of seats reverted were very few. Now,
number of reverted seats are many.
2. As a matter of fact, it is submitted by the
Government Pleader that out of the reverted seats for P.G.
Degree course, three seats were allotted to M.S.
Ophthalmology. Out of the three seats, two were given to
merit quota. Only one was given to in-service candidate on
the basis of allotment of seats in State quota. On the
facts also we see that no interference is required.
The writ petition is dismissed.
J.B.KOSHY
JUDGE
T.R.RAMACHANDRAN NAIR
JUDGE
tks