High Court of KeralaWP(C)/27728/2015disposed of

Rameesa.S v. The State Of Kerala

2015-09-28Honourable Mr. Justice A.Muhamed Mustaque6 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 28TH DAY OF SEPTEMBER 2015/6TH ASWINA, 1937 WP(C).No. 27728 of 2015 (M) ---------------------------- PETITIONER:

------------------ RAMEESA.S, D/O. SHANAVAS, "SUBAH", NBRA 125, NETAJI BOSE ROAD, NANTHANCODE, KOWDIAR P.O, THIRUVANANTHAPURAM - 695 003.

BY ADVS.SRI.SUMAN CHAKRAVARTHY SMT.K.R.RIJA RESPONDENT(S):

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1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPRUAM - 695 001.

2. THE SECRETARY TO GOVT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT SECRTARIAT, THIRUVANANTHAPURAM - 695 001.

3. THE COMMISSIONER OF ENTRANCE EXAMINATIONS KERALA, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM - 695 001.

4. THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, THIRUVANANTHAPURAM - 695 001.

BY GOVERNMENT PLEADER SRI.ROSHAN D.ALEXANDER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 27728 of 2015 (M) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXHIBIT P1 :

A TRUE COPY OF THE ALLOTMENT MEMO DATED 26/6/2015. EXHIBIT P2 :

A TRUE COPY OF THE ADMISSION CHIT DATED 29/7/2015. EXHIBIT P3 :

A TRUE COPY OF THE RECEIPT OF PAYMENT TO TRIVANDRUM MEDICAL COLLEGE ALUMNI ASSOCIATION.

EXHIBIT P4 :

A TRUE COPY OF THE RECEIPT OF PAYMENT TO PTA. EXHIBIT P5 :

A TRUE COPY OF THE RECEIPT REGARDING PAYMENT OF LIBRARY FEE.

EXHIBIT P6 :

A TRUE COPY OF THE ALLOTMENT MEMO DATED 9/9/2015. EXHIBIT P7 :

A TRUE COPY OF THE REPRESENTATION DATED 11/9/2015 TO THE THIRD RESPONDENT.

EXHIBIT P8 :

A TRUE COPY OF THE REPRESENTATION DATED 11/9/2015 TO THE 2ND RESPONDENT.

EXHIBIT P9 :

A TRUE COPY OF THE REPRESENTATION DATED 11/9/2015 TO THE 1ST RESPONDENT.

RESPONDENTS' EXHIBITS:

NIL.

//TRUE COPY// P.S. TO JUDGE mbr/

A.MUHAMED MUSTAQUE, J.

---------------------------------------- W.P(C)No. 27728 of 2015 ---------------------------------------- Dated this the 28th day of September, 2015

J U D G M E N T

Petitioner secured rank number 151 in the Entrance Examination for Professional courses in Medical and Allied courses.

2. The petitioner was allotted seat in the Thiruvananthapuram Medical College. The petitioner by inadvertent mistake opted for Ayurveda as well. Thereafter, the petitioner's admission to the Medical College has been cancelled.

3. The petitioner approached this Court stating that petitioner's option for Ayurveda is on account of mistake. She is already admitted in the classes for M.B.B.S. course. This Court issued the following orders on 17.9.2015:- "If any vacancy arises in Thiruvananthapuram Govt.Medical College, it shall be kept vacant. If no vacancy is available in the above said college, one of the seats in any other Govt.Medical College shall be kept vacant"

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The allocation of the petitioner's seat in Ayurveda also has been cancelled pursuant to the direction of this Court.

4. Though the learned Government Pleader submitted that the petitioner is bound to move out based on option, this Court is of the view that this is a matter of pure human error and though this cannot be treated as precedent, considering the peculiar circumstance of the case, the petitioner shall be permitted to continue at the Govt.Medical College, Thiruananthapuran and the particular seat now kept vacant shall be allotted to the petitioner.

This writ petition is disposed of as above.

SD/- A.MUHAMED MUSTAQUE, Judge MBS/

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