IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 760 of 2008(M)
1. SREE NARAYANA GURU MEMORIAL
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED
... Respondent
2. THE DIRECTOR OF MEDICAL EDUCATION,
For Petitioner :SRI.GEORGE POONTHOTTAM
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :28/01/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 760 OF 2008 M
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Dated this the 28th day of January, 2008
J U D G M E N T
Petitioner is an institution imparting training in D.Pharm
Course. According to the petitioner, there were thirty seats in the
merit quota. However the respondents had allotted only 9
students and out of which 8 students joined the college and as at
present there are 22 vacancies in the merit quota. Since students
were not allotted to fill up these seats, this writ petition has been
filed praying for directing the 2nd respondent to allot candidates
for admission to the remaining seats in the merit quota for the
year 2007-08.
2. Learned Government pleader today on instructions
submit that no students are available with the 2nd respondent in
the merit/wait list to be allotted to the petitioner’s institution and
that the respondents are not in a position to allot the students to
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fill up the remaining 22 vacancies in the merit quota. In the
absence of such students, seats cannot be wasted and therefore
it is only proper that the management is allowed to fill up those
vacant seats.
3. Accordingly, I direct that in view of the inability of the
2nd respondent to allot students to the remaining 22 seats in the
merit quota, it will be open to the petitioner to fill up those
vacancies. Counsel for the petitioner submits that in order to
issue communications to the candidates, 2nd respondent be
directed to make available a list of candidates, who have
registered with the 2nd respondent for seats in the D.Pharm
Course.
4. I heard the learned Government pleader also on this
request.
5. Having regard to the submissions made by both sides,
I direct that on the petitioner making a request in that behalf,
the 2nd respondent shall make available to the petitioner a list of
candidates who have registered with them for allotment of the
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aforesaid course this year. It is directed that on receipt of the
request, the 2nd respondent shall furnish the details as above, as
expeditiously as possible, at any rate within one week thereafter.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE.
Rp
