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Sree Narayana Guru Memorial vs State Of Kerala on 28 January, 2008

Kerala High Court
Sree Narayana Guru Memorial vs State Of Kerala on 28 January, 2008
       

  

  

 
 
  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.
                     ===============
                  W.P.(C) NO. 760 OF 2008 M
               =====================

           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

WPC 760/08
:2 :

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

WPC 760/08
:3 :

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

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