IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

FRIDAY, THE 12TH DAY OF JUNE 2015/22ND JYAISHTA, 1937

WP(C).No. 16915 of 2015 (L)

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PETITIONER :

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LEKSHMI SUDEV

D/O.LATE SUDEV SUKUMARAN,

AGED 25 YEARS, ATHIRA, GRACE PARK

PALACE WARD, ALAPPUZHA.

BY ADVS.SRI.K.S.HARIHARAPUTHRAN

SRI.GEORGE MATHEW

SRI.SUNIL KUMAR A.G

RESPONDENT(S) :

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1. STATE OF KERALA

REP. BY THE SECRETARY TO HEALTH AND FAMILY WELFARE

THIRUVANANTHAPURAM- 695001.

2. DIRECTOR OF MEDICAL EDUCATION

DIRECTORATE OF MEDICAL EDUCATION

THIRUVANANTHAPURAM - 695001.

3. COMMISSIONER FOR ENTRANCE EXAMINATION

POST GRADUATE MEDICAL ENTRNCE EXAMINATION 2015

(PGM-2015), THIRUVANANTHAPURAM - 695001.

4. SHAHIDA

VELLEDATHU HOUSE,

THURUTHI ROAD, NEAR M.E.S.SCHOOL

THIRUVANANTHAPURAM DISTRICT-695001.

R1 TO R3 BY SR. GOVT. PLEADER SRI. ROSHEN D. ALEXANDER

R4 BY ADVS. SRI.T.B.HOOD

SMT.M.ISHA

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-06-2015,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn

...2/-

WP(C).No. 16915 of 2015 (L)

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APPENDIX

PETITIONERS' EXHIBITS :

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EXHIBIT-P1:

TRUE COPY OF RELEVANT PAGES OF PROSPECTUS FOR ADMISSION

TO MEDICAL POST GRADUATE DEGREE/DIPLOMA COURSES-2015,

ISSUED BY THE 2ND RESPONDENT.

EXHIBIT-P2:

TRUE COPY OF THE RELEVANT PAGES OF RANK LIST DATED

07.03.2015.

RESPONDENT(S)' EXHIBITS : NIL

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//TRUE COPY//

P.S. TO JUDGE

Mn

K. Vinod Chandran, J.

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W.P(C) No.16915 of 2015-L

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Dated this the 12^th day of June, 2015

JUDGMENT

The petitioner, who was ranked 1532 in the

Post-graduate Medical Entrance Examination, challenges

the option exercised and admission granted to the 4^th

respondent, who had a far higher rank at 747.

2. Both the petitioner and the 4^th respondent had

attended for the spot allotment conducted on 02.06.2015.

The 4^th respondent is said to have first opted for Diploma

course in Anesthesia and then for Diploma in Psychiatric

Medicine (DPM) and later for M.D. in Transfusion Medicine.

The 4^th respondent, eventually by her rank, secured

admission to M.D. in Transfusion Medicine.

3. The petitioner contends that an option once

exercised cannot be resiled from and even when the

petitioner opted for Diploma course in Anesthesia, the seat in

the M.D. Transfusion Medicine was available.

WP(C).No.16915 of 2015

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4. The learned Senior Government Pleader and

the learned counsel appearing for the 4^th respondent would

explain as to how the spot allotment is done. The Rules

governing the 'Centralised Allotment' would not be applicable,

since all the candidates in the rank list are invited for a spot

allotment on a particular day. Going by the rank, the

candidates are called and directed to exercise their option.

Options are exercised by the candidates and as per the

comparative merit of the candidates who exercised their

option in a particular branch, the allotment is made.

5. The specific clause which regulates the spot

allotment is Clause 11-1.18 of the prospectus for the

examination; in accordance with which the 4^th respondent's

allotment has been made. There is neither a ground that

there is any deviation nor a challenge against such

regulation. The con