P.R. Ramachandra Menon, J.

Is it open for the Management of a self-financing institution to fill up a 'lapsed' Medical P.G. Seat, coming within the 50% quota earmarked for the Government for want of advice from the part of the Government, without following the prescribed norm by accommodating only a candidate who has participated in the National Level Entrance Examination or in the Entrance Examination of CEE or AIPMEE which has been recognised as a source for filling up of the vacancy? Whether any such candidate who got admission accordingly, based on the unilateral course and decision taken by the said management/institution, can contend that he/she should be permitted to continue the studies in the said institution? This forms the subject matter of consideration in the present writ petition filed by the student, who got fortuitous admission as above, challenging the orders passed by the Admission Supervisory Committee as per Exts.P7 and P8.

2. The petitioner was an aspirant to pursue her post graduate studies, particularly MS (OBG) in the 3rd respondent institution for the period 2015-2016. Admittedly, there was a seat-sharing agreement between the Government and the institution, as borne by Ext.P1; based on which 50% seats were to be earmarked to be filled up by the Government and the remaining 50% by the Management. From the 50% seats set apart for the Management, 35% had to be filled up on the basis of the results of the examination conducted by the Commissioner for Entrance Examinations and the remaining 15% were set apart for 'NRI quota', where there is no question of any competitive examination as aforesaid.

3. Pursuant to Ext.P1 agreement, Ext.P2 G.O.(Rt) No.1205/2015/H&FWD dated 18.4.2015 was issued, giving effect to the terms and conditions agreed between the Government and Dr. Somervell Memorial CSI Medical College, Karakonam. The last date for admission to the Post Graduate course for the year 2015-16 was on 10.6.2015; whereas the last date for allotment by the Commissioner of Entrance Examinations was 6.6.2015. The fact remains that a candidate could not be advised in respect of 'one seat' for the P.G. course in the concerned discipline coming within the quota earmarked to the Government and the vacancy came to be lapsed. By virtue of the terms of agreement in Ext.P1 and the contents of Ext.P2 Government Order, such a lapsed seat could be filled up by the Management in the manner as specified therein, taking the same as part of the Management quota. It was accordingly that the petitioner herein, who was stated as qualified in the test conducted by the Karnataka Religious and Linguistic Minority Professional Colleges Association was given admission; which came to be the subject matter of dispute before the Admission Supervisory Committee, leading to Ext.P7 order.

4. As borne by the proceedings of the Committee, both the sides were heard and a detailed order was passed vide Ext.P7. The committee observed that no records were produced to show that no other applicant was available who was qualified in the P.G. Entrance Test conducted by the Commissioner of Entrance Examinations or anybody who had cleared the AIPMEE Test. It was without making any attempt to ascertain whether any such suitable candidate was available, that the seat was sought to be filled up by the Management admitting the petitioner, who had cleared the examination conducted by the Karnataka Religious and Linguistic Minority Professional Colleges Association. In the said circumstance, patent violation on the part of the Management in filling up of the vacancy was noted and the same was accordingly intercepted by the Committee as borne by Ext.P7 order which in turn is under challenge in this Writ Petition.

5. Heard Sri. Kurian George Kannanthanam, the learned Senior counsel appearing for the petitioner, Smt. Mary Benjamin, learned Standing Counsel for the Admission Supervisory Committee and Sri. K.C. Vincent, learned Senior Government Pleader ap