Dr. Gopakumar M.K. Pillai Vs State of Kerala, Director of Medical Education and Dr. Anilkumar, Abhilash, Pela

High Court Of Kerala 6 Dec 2010 W.A. No. 1847 of 2010 (2010) 12 KL CK 0159
Bench: Division Bench
Result Published

Judgement Snapshot

Case Number

W.A. No. 1847 of 2010

Hon'ble Bench

Jasti Chelameswar, C.J; P.R. Ramachandra Menon, J

Advocates

Shaji P. Chaly, for the Appellant; George Varghese, for the Respondent

Final Decision

Dismissed

Judgement Text

Translate:

J. Chelameswar, C.J.@mdashAggrieved by the judgment dated 12th October, 2010 in W.P.(C) No. 30962 of 2010, the unsuccessful Petitioner therein preferred this writ appeal.

2. The Appellant is a Physician in the service of the State of Kerala now working at the Taluk Hadquarters Hospital, Kodungalloor in Thrissur District. He applied for admission to Post Graduate Super Speciality Course in the year 2010.

3. The writ petition was filed with the prayers as follows:

(i) To call for the records leading to the admission of the 4th Respondent pursuant to the order of 2nd Respondent bearing No. D2/20300/2010/DME. dt. 20.09.10, examine its legality, propriety and quash the same by issuing a writ of certiorari.

(ii) To issue a writ of mandamus and command the 2nd Respondent to admit the Petitioner to the vacant seat arose due to the non-joining of the allotted candidate as service candidates admission is purely on the basis of seniority.

(iii) Pass any other and such other orders as this Hon''ble Court deem fit to pass in the nature and circumstances of the case.

(iv) To award the cost of this proceedings.

4. In substance the Appellant seeks to challenge the admission given to the 4th Respondent on 20th September, 2010 and seeks a further direction to the second Respondent to admit the Appellant to one of the super speciality courses.

5. Admittedly, the admission process consists of certain procedure called ''counselling''. It is further admitted that the Appellant did not appear for the said counselling.

6. By the judgment under appeal, the learned Judge who heard the matter opined that in view of the failure of the Appellant to participate in the counselling process, his case cannot be considered for admission. We do not see any reason to take a different view in the matter.

The writ appeal is therefore dismissed at the admission stage.

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