Dr. Jasna M.M. v. State of Kerala and Others

**IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** ## **WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942** ## **WP(C).No.5002 OF 2021(A)** ## **PETITIONERS :-** - **1 DR. JASNA M.M., AGED 28 YEARS D/O.MUHAMMED ISMAIL M.H., RESIDING AT SHREYAS, KOKKANS LINE, CHATTAPPARA, AYYANTHOLE P.O., THRISSUR DISTRICT, PIN – 680 003.** - **2 DR. PRIYA R. (DELETED), AGED 35 YEARS D/O.DR.N.A.RAMACHANDRAN, RESIDING AT MATTAYI HOUSE, TOWN HALL ROAD, THIRUR P.O., MALAPPURAM DISTRICT, PIN – 676 101. THE NAME OF THE 2ND PETITIONER IS DELETED FROM PARTY ARRAY AS PER ORDER DATED 17.3.2021 IN I.A.No.1/2021** - **3 DR. PREETHA KARUVANTHODI, W/O. VINOD KANNAMKULATH, KANNAMKULATH HOUSE, THEKKAN KUTTUR, THIRUR P.O., MALAPPURAM DISTRICT, PIN – 676 101. BY ADVS. SRI.B.S.SIVAJI SMT.DHANYA SREENIVASAN** ## **RESPONDENTS :-** - **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, AYUSH DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001.** - **2 THE DIRECTOR, DIRECTORATE OF AYURVEDA MEDICAL EDUCATION, AROGYA BHAVAN, M.G.ROAD, THIRUVANANTHAPURAM, PIN – 695 001.** - **3 THE COMMISSIONER OF ENTRANCE EXAMINATIONS, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM, PIN – 695 001.** - **4 KERALA UNIVERSITY OF HEALTH SCIENCES, MULANKUNNATHUKAVU, THRISSUR, PIN – 680 596, REPRESENTED BY ITS REGISTRAR. BY SRI.V.MANU, SENIOR GOVT. PLEADER R4 BY SRI.P.SREEKUMAR, SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-03-2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C).No.5002 OF 2021(A) -: 2 :- ## **JUDGMENT** ## **Dated this the 17th day of March, 2021** The prayers in this writ petition are as follows :- - “i) To call for the records leading to the allotments made on the basis of Exts.P2 and P3 and set aside the same by issuing a writ of certiorari, order or direction. - ii) To issue a writ of mandamus order or direction, directing the respondents 1 to 3 to conduct fresh allotment for the PG Diploma Courses of Ayurveda 2020-21 after giving opportunity to the petitioners to submit their option. - iii) To issue a writ of mandamus or direction, directing the 3[rd] respondent to allot college for the petitioners to join for PG Ayurveda Diploma Courses. - iv) To direct the respondents 1 to 3 to accommodate the petitioners against available seats for PG Diploma Courses of Ayurveda.” 2. Heard the learned counsel for the petitioners and the learned Government Pleader appearing for respondents 1 to 3 as well as the learned Standing Counsel appearing for the 4[th] respondent. 3. It is submitted by the learned counsel for the petitioners that the petitioners are aspirants for admission to Post Graduate Ayurveda Degree/Diploma courses. They had appeared for the All India Ayush Post Graduate Entrance Test 2020 and had secured rank Nos.1340 and 845 respectively. It is stated that the petitioners are within the ranks required for securing admissions for the WP(C).No.5002 OF 2021(A) -: 3 :- Diploma courses in Government/Aided Ayurveda colleges. It is stated that there was a specific clause in the prospectus which stated that candidates admitted to PG Ayurveda Diploma courses in Government/Aided Ayurveda colleges would not be entitled to any stipend. It is stated that due to this stipulation, the petitioners did not submit option for such courses. However, after the admission procedure was well under way, by Ext.P4 dated 20.2.2021, the 1[st] respondent issued an order stating that a stipend of Rs.40,000/- per month would be available to students who are admitted for PG Diploma courses in Ayurveda in Government/Aided colleges as well. 4. It is stated that the petitioners were prevented from submitting their options for PG Diploma courses only because of the stipulation in the prospectus that no stipend would be available to them and the changing of the rules of the game half way through the admission procedure is violative of their rights. It is contended by the learned counsel for the petitioners that the petitioners who have reasonably high ranks in the Kerala State rank list have been denied admission and persons who are ranked much lower have secured admission for diploma courses due to the illegal act of the respondents. Ext.P4 is challenged on those grounds. 5. The learned counsel for the petitioners relies on the decisions of this Court in **Varghese Philip** v. **State of Kerala** [2004 WP(C).No.5002 OF 2021(A) -: 4 :- (1) KLT 581] and of the Apex Court in **Ashok Kumar Sharma & ors.** v. **Chander Shekhar & another** [(1997) 4 SCC 18] and **Parmender Kumar & ors.** v. **State of Haryana** [(2012) 1 SCC 177] in support of the contention that eligibility criteria cannot be changed midway through the selection procedure. 6. A statement has been placed on record on behalf of the 3[rd] respondent. It is contended that the writ petition is highly belated and that applications for admission to PG Ayurveda Diploma courses was invited on 13.1.2021. Provisional ranked list and category list were published on 16.1.2021. Notice inviting options was also issued on 16.1.2021. The students were intimated regarding publication of revised centralised allotment for PG Ayurveda courses on 1.2.2021. Options were to be registered from 15.2.2021 to 19.2.2021. Mop up allotment was published by notification dated 20.2.2021 and the last date for admission for various Ayush PG courses was to be on 28.2.2021, but the same was extended till 15.3.2021. It is stated that the writ petition which was filed on 24.2.2021 and which came up for admission on 25.2.2021 was hopelessly belated. It is further stated that the petitioners have no case that they had opted for any PG Diploma course in any Government or Aided college. It is further contended that the awarding of stipend for PG Diploma students cannot be equated WP(C).No.5002 OF 2021(A) -: 5 :- with changing the rules of the game as claimed by the petitioners. It is stated that the award of stipend has nothing to do with the eligibility of the students and any contentions to that effect are misconceived. It is contended that the reliance placed by the learned counsel for the petitioners on the decisions of the Apex Court and this Court are completely misconceived since those decisions specifically refer to changing of relevant eligibility criteria during the selection process and has no application in the instant case. 7. I have considered the contentions advanced on either side at considerable length. The petitioners admittedly were applicants for admission for PG Degree/Diploma courses in Ayurveda. They have admittedly not submitted any option for admission to PG Diploma courses. Their contention is that they did not submit such options only because of the lack of availability of stipend as provided in clause 12 of the prospectus. 8. The learned Government Pleader relies on the specific provisions of the prospectus to contend that the options were liable to be registered in accordance with the specific time lines as provided in the prospectus and the notification issued by the respondents. It is stated that clause 21 of the prospectus vests power in the Government in consultation with Director, Ayurveda WP(C).No.5002 OF 2021(A) -: 6 :- Medical Education to relax any provision in the prospectus in the event of unforeseen matter genuinely requiring such relaxation in the opinion of Government. It is contended that the question of availability of stipend is not in any way connected to the eligibility criteria of the students and a change with regard to availability of stipend to diploma students cannot be said to be change of the criteria during the selection. Further, it is contended that as is evident from Ext.R3(i) produced along with the statement, the annual fee in respect of PG Diploma Ayurveda courses was only Rs.15,000/- and the entire amount of fees would be less than Rs.20,000/- for a year. It is submitted that the availability of stipend or otherwise would make no difference in case of the petitioners who are qualified medical practitioners in Ayurveda. 9. Having considered the contentions advanced on either side, I am of the opinion that the petitioners who had admittedly not submitted options for PG Diploma courses in Ayurveda cannot now seek a chance to submit such options only because stipend has been made available for such courses as well. This is more so in view of the fact that several admissions have already been effected and the procedure of admission has already been completed. The providing of stipend for diploma courses cannot be equated to any change in WP(C).No.5002 OF 2021(A) -: 7 :- eligibility criteria and therefore, the decisions relied on by the learned counsel for the petitioners have no relevance. In the above factual situation, I am of the opinion that no orders are liable to be passed in this writ petition. The writ petition fails and the same is, accordingly, dismissed. **Sd/ANU SIVARAMAN JUDGE** Jvt/19.3.2021 WP(C).No.5002 OF 2021(A) -: 8 :- ## **APPENDIX** ## **' - PETITIONER S EXHIBITS :** **EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGE OF RANKED LIST PUBLISHED ON 3.11.2020 REGARDING 1ST PETITIONER.** - **EXHIBIT P1(a) TRUE COPY OF THE RELEVANT PAGE OF RANKED LIST PUBLISHED ON 3.11.2020 REGARDING 2ND PETITIONER.** - **EXHIBIT P1(b) TRUE COPY OF THE RELEVANT PAGE OF RANKED LIST PUBLISHED ON 3.11.2020 REGARDING 3RD PETITIONER.** - **EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF PROSPECTUS ISSUED BY THE 2ND RESPONDENT.** - **EXHIBIT P3 TRUE COPY OF THE NOTIFICATION DATED 13.1.2021 ISSUED BY THE 3RD RESPONDENT.** - **EXHIBIT P4 TRUE COPY OF THE ORDER NO.GO(MS)NO.4/2021/AYUSH DATED 20.2.2021 ISSUED BY THE 1ST RESPONDENT.** - **EXHIBIT P5 TRUE COPY OF THE REQUEST SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT THROUGH E- MAIL.** - **EXHIBIT P6 TRUE COPY OF THE PROVISIONAL RANK LIST FOR ADMISSION TO PG AYURVEDA (DIPLOMA COURSES 2020 PUBLISHED BY THE 3RD RESPONDENT DATED 16.01.2021.** ## **' - RESPONDENTS EXHIBITS :** **ANNEXURE R3(a) : A TRUE COPY OF THE NOTIFICATION No.CEE/200/PG AYURVEDA (DIPLOMA)-2020/TA1 DATED 13.01.2021 ISSUED BY THE THIRD RESPONDENT.** **ANNEXURE R3(b) : A TRUE PHOTOCOPY OF NOTIFICATION No.CEE/200/PG AYURVEDA (DIPLOMA)-2020/TA1 DATED 16.01.2021 ISSUED BY THE THIRD RESPONDENT.** **ANNEXURE R3(c) : A TRUE COPY OF THE NOTIFICATION No.CEE/2601/PG AYURVEDA/2020/TA1 DATED 16.01.2021 ISSUED BY THE THIRD RESPONDENT.** **ANNEXURE R3(d) : A TRUE PHOTOCOPY OF THE NOTIFICATION No.CEE/ 2601/PG AYURVEDA/2020/TA1 DATED 01.02.2021 ISSUED BY THE THIRD RESPONDENT.** WP(C).No.5002 OF 2021(A) -: 9 :- **ANNEXURE R3(e) : A TRUE PHOTOCOPY OF THE NOTIFICATION No.CEE/ 2601/PG AYURVEDA/2020/TA1 DATED 14.02.2021 ISSUED BY THE THIRD RESPONDENT.** **ANNEXURE R3(f) : A TRUE PHOTOCOPY OF THE NOTIFICATION No.CEE/ 2601/PG AYURVEDA/2020/TA1 DATED 20.02.2021 ISSUED BY THE THIRD RESPONDENT.** **ANNEXURE R3(g) : A TRUE PHOTOCOPY OF THE LETTER No.F.No.L-14011/ 18/2019-EP-1 DATED 8.12.2020 FROM THE MINISTRY OF AYUSH TO ALL STATES.** **ANNEXURE R3(h) : A TRUE COPY OF THE LETTER No.F.No.L-11011/1/ 2021-EP-1 (PART-1) DATED 23.02.2021.** **ANNEXURE R3(i) : A TRUE PHOTOCOPY OF THE PROSPECTUS FOR POST GRADUATE AYURVEDA DIPLOMA, 2020 (WITHOUT ANNEXURES).** //TRUE COPY// P.A. TO JUDGE