Dr. Milu Susan Varghese & Others v. State of Kerala & Others

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.T.SANKARAN & THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 27TH DAY OF SEPTEMBER 2013/5TH ASWINA, 1935 WP(C).No. 18839 of 2013 (D) ---------------------------- PETITIONER(S): --------------------- 1. DR. MILU SUSAN VARGHESE, AGED 27 YEARS D/O.MR.POTHAN VARGHESE RESIDING AT PAPPALAPARAMBIL HOUSE, PARIYARAM P.O. KOTTAYAM-686021. 2. DR.TONIYA JOHN, AGED 26 YEARS D/O.P.M.ULAHANNAN RESIDING AT PANTHALLUPARAMBIL HOUSE NEAR VIMALA PUBLIC SCHOOL, THODUPUZHA EAST P.O. IDUKKI-685 585. 3. DR.CHAITHANYA C.DAS, AGED 26 YEARS D/O.DR.M.CHRISTUDHAS, RESIDING AT TC 11/1376 HOUSE NO.47, BAINS COMPOUND, NANTHANCODE THIRUVANANTHAPURAM-695003. 4. DR.MINTU MATHEW ABRAHAM, AGED 27 YEARS S/O.K.M.ABRAHAM, RESIDING AT CHIRAVATHARAYIL HOUSE PARAMPUZHA P.O., KOTTAYAM-686032. 5. DR.DANU.C., AGED 26 YEARS D/O.CHANDRADAS.G., RESIDING AT "DAIVADATHAM" TC 2/1968(6) A N 312(N), POTTAKUZHI, PATTOM THIRUVANANTHAPURAM-695004. 6. DR.SARATH.C., AGED 27 YEARS S/O.P. CHANDRAN, RESIDING AT SAJITHA HOUSE, THURAYUR PAYYOLI P.O - 673523. 7. DR.PURNIMA ELIZ THOMAS, AGED 26 YEARS D/O.THOMAS PHILIP, RESIDING AT "PADINJARETHALAKAL" PERUMANOOR, KOCHI-682015. 8. DR. NITHA C.S., AGED 26 YEARS D/O.R.SURENDRAN NAIR, RESIDING AT "SURABHI", G-9 SHANTHI COLONY, CHANDRANAGAR P.O. PALAKKAD-678007. 9. DR.ABDUL RASHEED.K., AGED 29 YEARS S/O.SRAJU.K., RESIDING AT KOPPATH HOUSE PERUMUDIYUR P.O., PATTAMBI (VIA), PALAKKAD DISTRICT. ## W.P.(C) NO.18839/2013 ## 10.DR.DANNY JOY, AGED 25 YEARS S/O.DR P.G.JOY, RESIDING AT "GOPIKA", VARANAM P.O. ALAPPUZHA-688555. 11.DR.NEELIMA S MENON, D/O.M.SIVASANKARAN, RESIDING AT "SREEPADAM" ARIYALLUR P.O., MALAPPURAM-676312. BY ADVS.SRI.K.RAMAKUMAR (SR.) SRI.S.M.PRASANTH SMT.SMITHA GEORGE ## RESPONDENT(S): ---------------------- 1.STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695001. 2. THE COMMISSIONER OF ENTRANCE EXAMINATIONS, THIRUVANANTHAPURAM-695001. 3. THE DIRECTOR, DIRECTORATE OF MEDICAL EDUCATION THIRUVANANTHAPURAM-695011. ADDL. R4 IS IMPLEADED 4. SREE GOKULAM MEDICAL COLLEGE AND RESEARCH FOUNDATION VENJARAMOODU.P.O., THIRUVANANTHAPURAM 695 607 REPRESENTED BY ITS PRINCIPAL. AS PER ORDER DATED 19.8.2013 IN I.A.NO.11192/13. R2 BY GOVERNMENT PLEADER SRI.ROSHEN ALEXANDER R4 BY ADV. SRI.TONY GEORGE KANNANTHANAM R4 BY ADV. SRI.KURIAN GEORGE KANNANTHANAM (SR.) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-09-2013 ALONG WITH W.P.(C) NOS.19824/2013 AND OTHER CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18839 of 2013 (D) --------------------------------------- ## APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1: COPY OF THE PROSPECTUS FOR ADMISSION TO MEDICAL POSTGRADUATE DEGREE/DIPLOMA COURSES 2013. EXHIBIT P2: COPY OF THE GO (RT) NO.2414/2013/H&FWD DATED 5.7.2013. EXHIBIT P3: COPY OF THE ORDER DATED 28.5.2013 IN WRIT PETITION (CIVIL) NO.306 OF 2004. EXHIBIT P4: COPY OF THE NOTIFICATION DATED 25.7.2013 ISSUED BY THE 2ND RESPONDENT. RESPONDENT(S)' EXHIBITS --------------------------------------- - EXHIBIT R2(a) : TRUE COPY OF ANNEXURE VI [WHICH CONTAINS ANNEXURES VI(a) TO VI(o) ATTACHED TO THE PROSPECTUS TO ADMISSION TO POST GRADUATE MEDICAL DEGREE/DIPLOMA COURSES. - EXHIBIT R2(b) : TRUE COPY OF THE LIST OF CANDIDATES ALLOTTED IN THE FOURTH PHASE ALLOTMENT. - EXHIBIT R2(c) : TRUE COPY OF THE LAST RANK DETAILS AFTER THE FOURTH ROUND ALLOTMENT ON 2.8.2013 ALLOTTED ON THE BASIS OF COLLEGE AND COURSES. - EXHIBIT R2(d) : TRUE COPY OF THE OPTIONS EXERCISED BY DR.MILU SUSAN VARGHESE (1ST PETITIONER). - EXHIBIT R2(e) : TRUE COPY OF THE OPTIONS EXERCISED BY DR.TONIYA JOHN (2ND PETITIONER) EXHIBIT R2(f) : TRUE COPY OF THE OPTIONS EXERCISED BY DR.CHAITHANYA DAS (3RD PETITIONER). - EXHIBIT R2(g) : TRUE COPY OF THE OPTIONS EXERCISED BY DR.MINTU MATHEW ABRAHAM (4TH PETITIONER). - EXHIBIT R2(h) : TRUE COPY OF THE OPTIONS EXERCISED BY DR.DANU.C. (5TH PETITIONER). - EXHIBIT R2(i) : TRUE COPY OF THE OPTIONS EXERCISED BY DR.SARATH.C. (6TH PETITIONER). - EXHIBIT R2(j) : TRUE COPY OF THE OPTIONS EXERCISED BY DR.PURNIMA ELIZ THOMAS (7TH PETITIONER) - EXHIBIT R2(k) : TRUE COPY OF THE OPTIONS EXERCISED BY DR.NITHA.C.S. (8TH PETITIONER). WP(C).No. 18839 of 2013 (D) ---------------------------- EXHIBIT R2(l) : TRUE COPY OF THE OPTIONS EXERCISED BY DR.ABDUL RASHEED.K.(9TH PETITIONER). EXHIBIT R2(m) : TRUE COPY OF THE OPTIONS EXERCISED BY DR.DANNY JOY (10TH PETITIONER). EXHIBIT R2(n) : COPY OF THE OPTIONS EXERCISED BY DR.NEELIMA S.MENON (11TH PETITIONER). //TRUE COPY// P.A. TO JUDGE ## **K.T.SANKARAN & M.L.JOSEPH FRANCIS, JJ.** ----------------------------------------- W.P.(C) Nos.18839, 19824, 19941, 20001, 20005, 20041, 20367 and 20984 of 2013 ----------------------------------------Dated this the 27[th] day of September, 2013 ## _**JUDGMENT**_ ## **K.T.Sankaran, J.** The petitioners in the Writ Petitions qualified themselves in the National Eligibility cum Entrance Test, NEET P.G. 2013. As per the prospectus, a candidate is entitled to make options with respect to various courses offered by different colleges. The option of the candidate will be considered on the basis of his rank in the rank list. The process of admission will further continue and a candidate would be entitled to get his higher option in the next round of allotment, subject to his rank. For example, if a candidate has made ten options and in the first round of allotment, his fifth option was accepted, he has to pay W.P.(C) No.18839/2013 & conn.cases 2 the fee and join in the college where his allotment was made. Still, his higher option will be considered in the next round of allotment and he can aspire for admission to such courses in the higher options. This process will continue until the seats are filled. Still there is a provision for spot allotment in respect of the unfilled seats. 2. The petitioners got admission to P.G. courses in Self Financing Colleges in the second round of allotment, some in the Government quota and some others in the management quota. It is submitted that they were expecting to exercise their higher options in the next round of allotment of seats. However, the Government passed Notification No.4079/PGM2013/2012/TA3/CEE dated 25.7.2013 which contains the following Note. W.P.(C) No.18839/2013 & conn.cases 3 _“ Note: This allotment will be the last phase of allotment to Self Financing Medical Colleges and the students allotted to these colleges are bound to join the course/college allotted. Otherwise they will be liable to pay liquidated damages as per the relevant clauses of the Prospectus for admission to P.G.Medical Courses, Kerala - 2013.”_ 3. The main challenge in the Writ Petitions is against the Note in the Notification dated 25.7.2013. The petitioners contended that they opted to accept the admission in the Self Financing Colleges, since they were bound to accept the same. Had they not accepted the allotment in the Self Financing Colleges, they would have been precluded from being considered for higher options. They would also have been made liable for penal consequences, if they fail to accept the allotment in the second round of allotment. The petitioners contended that the Note appended to the Notification dated W.P.(C) No.18839/2013 & conn.cases 4 25.7.2013 violates Article 14 of the Constitution of India. 4. The learned Government Pleader submitted that the prospectus contemplates further notification to be issued. He pointed out clause (xix) of the prospectus for admission to Medical Post Graduate Degree/Diploma Courses, 2013, where it is provided that notwithstanding anything contained in the prospectus, the Government may at any time, on their own volition or otherwise, after calling the records of the case, revise any order passed by the subordinate authority. It is also stated in that clause that the prospectus is subject to modification/addition as may be considered necessary by the Government and issued as executive orders/notification. The learned Government Pleader justified the Note appended to the Notification dated 25.7.2013 and contended that in view of W.P.(C) No.18839/2013 & conn.cases 5 clause (xix) in the prospectus, such a Note could be appended and it was necessary for complying with the terms of the agreement executed between the Government and the Kerala Private Medical College Management Association and other similar agreements. 5. When W.P.(C) No.18839 of 2013 came up for admission, we considered the contentions put forward by the parties and passed a detailed interim order dated 1[st] August, 2013, wherein we held in paragraphs 9 and 10 as follows : “9. Prima facie, we are not inclined to accept the submission made by the learned Government Pleader that the Note in Exhibit P4 is traceable to the power of the Government under clause (xix) of Exhibit P1 prospectus. Clause (xix) of Exhibit P1 empowers the Government to make modification/addition to the prospectus. No such modification or addition is made by Exhibit P4. Moreover, Exhibit P4 came into W.P.(C) No.18839/2013 & conn.cases 6 existence on 25.7.2013, just five days before the last date for completing the process of admission. A candidate cannot be put to prejudice by such belated action on the part of the Government. The candidates were not made known in advance that if they choose a Self Financing College for a particular option, they will be precluded from availing higher options, in case the candidate gets admission in a Self Financing College on the second round of allotment. The candidates were not aware of any such restriction being placed on their right to have higher option being accepted, since the prospectus is silent on that aspect. 10. Prima facie, there is substance in the argument that if the Note to Exhibit P4 is accepted as valid, it may result in a more meritorious candidate losing opportunity to get admission in a Government College in the third round of allotment, only on the ground that he accepted (as he was bound to accept) admission in a Self Financing College on the second round of allotment. There is also substance in the argument that if the Note is to prevail, a less meritorious candidate than the candidate who got admission in a Self Financing College on the second round of W.P.(C) No.18839/2013 & conn.cases 7 allotment, will be getting admission in the Government College on the third round of allotment. It is not in dispute that the fee payable in a Self Financing College is much higher than the fee prescribed in Government Colleges.” 6. Thereafter, we considered all the connected Writ Petitions and passed a detailed interim order dated 27[th] August, 2013. For the sake of convenience, the interim order dated 27[th] August, 2013, is extracted below : “All these Writ Petitions pertain to admission to Post Graduate Medical Courses. The main grievance voiced in the Writ Petitions relate to the Note appended to the Notification No.4079/PGM2013/2012/TA3/CEE dated 29.7.2013, which provides that the third phase of allotment would be the last phase of allotment to Self Financing Medical Colleges and the students allotted to these colleges are bound to join the course/college allotted. The Note further provides that otherwise, they will be liable to pay liquidated damages as per the relevant clause of the prospectus for admission to Post Graduate Medical Courses, Kerala, 2013. W.P.(C) No.18839/2013 & conn.cases 8 2. In W.P.(C) No.18839 of 2013, we passed a detailed interim order dated 1.8.2013. The present order shall be read in continuation of the order dated 1.8.2013. 3. Subsequent to the order dated 1[st] August, 2013, another interim order dated 19.8.2013 was passed by a Division Bench of this Court. 4. It is submitted by the learned counsel appearing for the petitioners as well as the learned Government Pleader that the Supreme Court extended the period for admission till 31.8.2013. It is submitted that after the central allotment, some seats have lapsed and they have reverted to the State quota. It is submitted by the learned Government Pleader that there are other vacancies also in the Government quota. It is also submitted by the learned Government Pleader that in the light of the order passed by the Supreme Court, the Medical Council of India issued a Notice dated 24[th] August, 2013 to the State Government by publishing the same in the web site, which reads as follows: _“All States and Union Territories are hereby informed that the Hon'ble Supreme Court has been pleased to permit counseling for postgraduate seats which have lapsed in favour of State Government/Ut Governments after the fourth round of counseling of All India Quota. The Hon'ble Supreme Court was further pleased to extend the said benefit to leftover postgraduate seats in Government Medical Colleges of States/Union Territories. All admission process is required to be completed by 31.8.2013. This Order has been passed on 23.8.2013 in Writ Petition No.433 of 2013 titled Dr.Farz Naseem v._ W.P.(C) No.18839/2013 & conn.cases 9 _Union of India. A copy of the Order would be posted on MCI website as soon as it is placed on the website of the Hon'ble Supreme Court.”_ 5. Thereafter, the Government passed G.O.(Rt) No.3006/2013/H&FWD dated 26[th] August, 2013 with respect to the last and final counselling for the unfilled Government quota seats, State quota seats which became vacant consequent to the fourth round of All India Counselling and surrendered All India quota seats. The operative portion of the Government Order reads as follows: _“2. Government have examined the case in detail and are pleased to issue the following orders for the last and final round of counseling to Post Graduate Medical Degree/Diploma Courses 2013._ _(i) The Commissioner for Entrance Examinations is authorised to conduct a last and final online/Manual counseling as the case may be, on 29[th] and 30[th] August2013 for filling up of the unfilled Government Quota seats, State quota seats which became vacant consequent to the fourth round of All India Counselling and Surrendered All India Quota seats in Government/Self Financing Medical Colleges._ _(ii) The candidates who have already taken admission under All India Quota and holding All India Quota seat at present are not allowed to attend the counseling._ _(iii) The Director of Medical Education will furnish the details of the vacant seats to the Commissioner for Entrance Examinations on or before 27[th] August, 2013. (iv) The Self Financing Medical_ W.P.(C) No.18839/2013 & conn.cases 10 _Colleges will furnish the details of vacant Government merit quota seats in the institutions to the Commissioner for Entrance Examinations so that the seats can be filled through the Counseling._ _(v) The candidates coming from the Self Financing Medical Colleges to attend the counseling shall produce all their original certificates, NOC and necessary affidavits stating that the Self Financing Medical College Management is willing to admit candidates from the Government Merit list in the resultant vacancies._ _(vi) The candidates who are allotted a subject in the counseling and do not join the course on any reason shall be liable to pay the liquidated damages as per the conditions in the Prospectus._ _(vii) No candidates who have already admitted in Government Medical Colleges are allowed to move to another Government Medical College in the same subject._ _(viii) No transfer from one Self Financing Medical College to another shall be allowed.”_ (Copy of the Notes issued by the Medical Council of India and copy of the Government Order dated 26[th] August, 2013 were made available by the learned Government Pleader and they are taken on file.) 6. Arguments were advanced by the counsel for the petitioners with reference to the subsequent events and with reference to the Government Order dated 26[th] August, 2013. The petitioners raised the contention that they are entitled to participate in the final round of allotment and their rights cannot be defeated in any manner whatsoever. W.P.(C) No.18839/2013 & conn.cases 11 The learned counsel appearing for the Managements pointed out their grievance that if students who are admitted in the Self Financing Colleges leave the institution under the pretext of final counselling, the Managements should suffer to a great extent. 7. Considering the rival submissions and taking into account the various clauses in the Government Order dated 26[th] August, 2013 as well as the subsequent events, we issue the following interim directions: - i) The petitioners and similarly placed persons would be entitled to participate in the final round of counselling for the unfilled Government quota seats, State quota seats which became vacant consequent to the fourth round of All India Counselling and surrendered All India quota seats. - (ii) The Managements shall issue NOC and other necessary documents to the candidates who participate in the final round of counselling, as mentioned in clause (v) in the Government Order dated 26[th] August, 2013. - (iii) If a candidate who quits a Self Financing College under the guise of final counselling and allotment, but who subsequently does not avail the same and join in any college, will be liable to be dealt with for realisation of liquidated damages as per the prospectus and Government Orders, if any. - (iv) It is made clear that in so far as the Self Financing Colleges are concerned, the Government Order dated 26[th] August, 2013 would be applicable only in respect of W.P.(C) No.18839/2013 & conn.cases 12 candidates who were admitted in the Government quota allotted by the Commissioner for Entrance Examinations. - (v) A candidates who opts for the final round of counselling pursuant to the Government Order dated 26[th] August, 2013 (who had already secured admission in a Self Financing College) shall make a declaration that his/her allotment and admission was to the Government quota as allotted by the Commissioner for Entrance Examinations. - (vi) If any candidate who was admitted in a Self Financing College in the Government quota secures admission in another institution in the last and final round of counselling and a vacancy arises resultantly, allotment will be made to the said vacancy by the Government. - (vii)Since all the Self Financing Colleges are not parties in these Writ Petitions, there will be a direction to the Government to forward a copy of this order and the Government Order dated 26[th] August, 2013 to all the Self Financing Colleges in the State without any delay.” 7. The learned counsel appearing for the petitioners submitted that the interim order dated 27[th] August, 2013, were complied with and the Government issued consequential orders. W.P.(C) No.18839/2013 & conn.cases 13 The last date for admission is over and those who were entitled to get admission in terms of the interim order dated 27[th] August, 2013, got admission. The learned counsel for the petitioners submitted that in view of the subsequent events which took place consequent to the interim order dated 27[th] August, 2013, it is not necessary to further proceed with the Writ Petitions and the Writ Petitions can be closed after confirming the interim order dated 27[th] August, 2013. 8. Sri.P.V.Surendranath, the learned counsel appearing for the management in W.P.(C) No.20001 of 2013, submitted that the observations made in the interim order which were confirmed by this judgment may not be taken as conclusive of the right of the management to claim liquidated damages in respect of the admissions to the courses in the next year W.P.(C) No.18839/2013 & conn.cases 14 onwards. It is made clear that this judgment and the interim order dated 27[th] August, 2013, pertain to P.G. admissions for 2013-14 alone. 9. In view of the interim order dated 27[th] August, 2013 and the other interim orders passed in the cases, we make it clear that admission of the candidates who have got admission as per the interim orders shall be confirmed and their admissions shall be treated as regular for all practical purposes. With the above findings and observations, the Writ Petitions are closed. **K.T.SANKARAN JUDGE** ## **M.L.JOSEPH FRANCIS** **JUDGE** csl W.P.(C) No.18839/2013 & conn.cases 15 ## **K.T.SANKARAN & M.L.JOSEPH FRANCIS, JJ.** --------------------------------------W.P.(C) No.18839 of 2013 --------------------------------------Dated this the 1[st] day of August, 2013 _**O R D E R**_ W.P.(C) No.18839/2013 & conn.cases 16 ## **K.T.Sankaran, J.** Admit. Government Pleader takes notice for the respondents. 2. The petitioners qualified themselves in the National Eligibility cum Entrance Test, NEET P.G. 2013. Admission to Post Graduate Courses is regulated by Exhibit P1 prospectus. A candidate is entitled to make options to the various courses offered by different colleges. His option will be considered on the basis of his rank in the rank list. The process of admission will further continue and a candidate is entitled to get his higher option in the next round of allotment, subject to his rank. For example, if a candidate has made 10 options and in the first round of allotment, his fifth option was accepted, he has to pay the fee and join in the college where his allotment was made. However, his higher option will be considered in the next round of allotment and he can aspire W.P.(C) No.18839/2013 & conn.cases 17 for admission to such courses in the higher options. The process will continue until the seats are filled. There is also provision for spot allotment, going by Exhibit P1 prospectus. 3. The process of admission had to be completed before 31.5.2013. It is submitted that in view of the directions issued by the Supreme Court, time up to 31.7.2013 was available for completing the process of admission. 4. The petitioners got admission to P.G. courses in Self Financing Colleges in the second round of allotment. It is stated that they were expecting acceptance of their higher options in the next round of allotment of seats. However, the Government passed Exhibit P4 notification dated 25.7.2013, which contains a Note. The said Note reads as follows : _“ Note: This allotment will be the last phase of allotment to Self Financing Medical Colleges and the students allotted to_ W.P.(C) No.18839/2013 & conn.cases 18 _these colleges are bound to join the course/college allotted. Otherwise they will be liable to pay liquidated damages as per the relevant clauses of the prospectus for admission to P.G. Medical courses, Kerala - 2013.”_ 5. The petitioners challenge the aforesaid Note in Exhibit P4. It is submitted that the petitioners opted to accept admission in the Self Financing Colleges, since they had no option but to accept such allotment. If the petitioners did not accept the allotment made for admission in the Self Financing Colleges, they would have been precluded from being considered for higher options. Going by Exhibit P4 notification, the petitioners would have been made liable for penal consequences, had they not accepted the allotment at the second round of allotment. 6. As per the Note in Exhibit P4, the petitioners are permanently precluded from aspiring for any higher option. It is submitted that such a restriction is not available in the prospectus. W.P.(C) No.18839/2013 & conn.cases 19 It is submitted that the Note appended to Exhibit P4 violates Article 14 of the Constitution of India. 7. The learned Government Pleader submitted that Exhibit P1 prospectus contemplates further notification to be issued. It is also submitted that in clause (xix) of Exhibit P1 prospectus, it is provided that notwithstanding anything contained in the prospectus, the Government may, at any time, on their own volition or otherwise, after calling the records of the case, revise any order passed by the subordinate authority. It is also stated in that clause that the prospectus is subject to modification/addition as may be considered necessary by the Government and issued as executive orders/notification. 8. The learned Government Pleader justifies Exhibit P4 notification and the Note therein in view of clause (xix) in Exhibit P1 prospectus. It is submitted that the Note in Exhibit P4 was W.P.(C) No.18839/2013 & conn.cases 20 inserted to comply with the terms of the agreement executed between the Government and the Kerala Private Medical College Managements Association. 9. Prima facie, we are not inclined to accept the submission made by the learned Government Pleader that the Note in Exhibit P4 is traceable to the power of the Government under clause (xix) of Exhibit P1 prospectus. Clause (xix) of Exhibit P1 empowers the Government to make modification/addition to the prospectus. No such modification or addition is made by Exhibit P4. Moreover, Exhibit P4 came into existence on 25.7.2013, just five days before the last date for completing the process of admission. A candidate cannot be put to prejudice by such belated action on the part of the Government. The candidates were not made known in advance that if they choose a Self Financing College for a particular option, they will be precluded from W.P.(C) No.18839/2013 & conn.cases 21 availing higher options, in case the candidate gets admission in a Self Financing College on the second round of allotment. The candidates were not aware of any such restriction being placed on their right to have higher option being accepted, since the prospectus is silent on that aspect. 10. Prima facie, there is substance in the argument that if the Note to Exhibit P4 is accepted as valid, it may result in a more meritorious candidate losing opportunity to get admission in a Government College in the third round of allotment, only on the ground that he accepted (as he was bound to accept) admission in a Self Financing College on the second round of allotment. There is also substance in the argument that if the Note is to prevail, a less meritorious candidate than the candidate who got admission in a Self Financing College on the second round of allotment, will be getting admission in the Government College on the third round of W.P.(C) No.18839/2013 & conn.cases 22 allotment. It is not in dispute that the fee payable in a Self Financing College is much higher than the fee prescribed in Government Colleges. In the facts and circumstances, we are inclined to issue the following interim directions : - (i) A counter affidavit shall be filed within ten days. - (ii) The Government shall make available the list of candidates who got admission in the Government Colleges as well as Self Financing Colleges on the third round of allotment and their rank number in the NEET PG list. - (iii) The details of the options exercised by the petitioners and the colleges in which the courses with respect to those options are available. - (iv) The third round of allotment in the general quota made by - the Government will be subject to the result of the Writ W.P.(C) No.18839/2013 & conn.cases 23 ## Petition. Post on 12.8.2013. **K.T.SANKARAN JUDGE** **M.L.JOSEPH FRANCIS JUDGE** csl Hand over copy to the learned counsel for the petitioners and the learned Government Pleader.