Dr. Shanavas Khan K. v. Commissioner for Entrance Examinations

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR & THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 8[TH] DAY OF APRIL 2022 / 18TH CHAITHRA, 1944 WA NO. 407 OF 2022 [AGAINST THE JUDGMENT IN WP(C) NO. 7481/2022 DATED 18-03-2022] ## APPELLANT/PETITIONER: DR. SHANAVAS KHAN K., AGED 43 YEARS, ASSISTANT INSURANCE MEDICAL OFFICER, ESI DISPENSARY, KERALAPURAM, KOLLAM, PIN - 691014, S/O.KAMAL, PUTHENVEEDU, CHANDANATHOPU P.O, KOLLAM - 691014. BY ADV. SRI. GEORGE THOMAS (MEVADA) (SR.) ## RESPONDENTS/RESPONDENTS: - 1 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS HOUSING BOARD BUILDING, THAMPANOOR, THIRUVANANTHAPURAM, PIN - 695001. - 2 THE DIRECTOR OF MEDICAL EDUCATION, KERALA STATE, MEDICAL COLLEGE P.O, CHALAKUZHY, THIRUVANANTHAPURAM, PIN - 695011. - 3 GOVERNMENT OF KERALA HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, STATUE JUNCTION, THIRUVANANTHAPURAM, PIN - 695001. - 4 DIRECTOR OF INSURANCE MEDICAL SERVICE, DIRECTORATE OF INSURANCE MEDICAL SERVICE, THAIKKAD,` THIRUVANANTHAPURAM, PIN - 695014. - 5 DR. DAINA JULIET ASSISTANT INSURANCE MEDICAL OFFICER, ESI HOSPITAL, ERNAKULAM, COCHIN - 18. BY SENIOR GOVERNMENT PLEADER SRI. V. TEK CHAND THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA.407 of 2022 -:2:- ## **JUDGMENT** ## **S. Manikumar, CJ** Instant writ appeal is filed against the judgment dated 18.03.2022 in W.P.(C) No.7481 of 2022, by which, a learned single Judge, having found it inappropriate to interfere with the selection made by the respondents to Post Graduate Medical Course and unsettle the same, dismissed the writ petition. ## 2. Writ petition has been filed for the following reliefs: (i) Issue a writ of mandamus or such other writ, order, or direction, directing respondents 1 and 2, to act upon Exhibits-P2 and P3 representations submitted by the petitioner to respondents 2 and 4 dated 3.3.2022 and 4.3.2022, and take immediate steps for rectification of the preliminary and final list of applicants selected for PG Medical Course in Kerala, in the quota reserved for persons serving in Insurance Medical Services, by including the name of the petitioner as well in the 2[nd] place: (ii) direct respondents 1 and 2, to consider the petitioner's claim for MD (General Medicine) ahead of the 5[th] respondent, taking into account the superior scores achieved by the petitioner in NEET PG entrance examination and the service rendered; and (iii) Award costs to the petitioner. ## 3. Brief facts leading to the filing of the instant appeal are that appellant/writ petitioner had acquired M.B.B.S degree in 2002 and got WA.407 of 2022 -:3:- selected as Assistant Insurance Medical Officer in 2013. He further stated that since leave was not granted for his overseas assignment, his absence from 27.06.2014 to 11.03.2016, was treated as non-duty. He thereafter rejoined duty on 11.03.2016 as a fresh probationer, for a period of 2 years. 4. Appellant has further stated that he passed the mandatory Account Test in January, 2018, for declaring his probation in service and that, by 12.03.2018, his probation period is over. Despite applications and several reminders, a formal order of declaration of his probation was not passed by the department, till 3.3.2022. 5. Appellant participated in the NEET PG Exams held on 11.09.2021 and secured high marks. Meanwhile, Exhibit-P4 prospectus for admission to Post Graduate Medical Courses was published on 15.01.2022 and the number of seats reserved for Insurance Medical Service (IMS) was '4'. His first choice under service quota was MD (Gen. Med.), in Medical College, Trivandrum. 6. It is the case of the appellant that his name was not included in the provisional select list of selected candidates, published by the WA.407 of 2022 -:4:- Commissioner for Entrance Examinations on 01.03.2022, due to the non-declaration of probation of his service. Hence, he submitted Exhibit-P1 representation dated 02.03.2022 to the 4[th] respondent, viz., Director of Insurance Medical Service, who issued Exhibit-P2 order dated 03.03.2022, declaring his completion of probation with effect from the forenoon of 12.03.2018. 7. Appellant has further contended that in Exhibit-P2 order passing of the mandatory departmental test conducted in January, 2018, also was confirmed. Though a certificate evidencing declaration of probation with effect from 12.03.2018 along with Exhibit-P1 was immediately forwarded to the Director of Medical Education through the Insurance Medical Department, the final list of selected persons was published on 3.3.2022 itself, without the name of the appellant. The allotment of seats was also published on the same day and that the MD (General Medicine) seat was allotted to the 5[th] respondent. 8. Though, for rectifying the mistake and for inclusion of his name in the selection list, appellant submitted Exhibit-P3 representation dated 4.3.2022 through email to the Director of Medical WA.407 of 2022 -:5:- Education, Kerala State, Thiruvananthapuram, 2[nd] respondent, it could not evoke any positive response. Appellant has contended that actually his name ought to have been shown at least as Serial No.2 in ExhibitP6 list and the 5[th] respondent, now at Serial No.7, as Serial No.8. He scored 438 points in the NEET PG, but the 5[th] respondent has only 338. 9. According to the appellant, Exhibit-P4 prospectus did not specifically require the production of a certificate of declaration of probation and that the maximum extension of probation period is by one year. He was continuing in service for more than 5 years and 10 months on the date of issuance of Exhibit-P4 prospectus. Appellant also contended that though he has earlier approached the authorities concerned with a formal application, for declaring his probation supported by the records, as early as in November, 2019, the same was not properly considered. Being aggrieved, he filed the writ petition for the reliefs stated supra. 10. Before the writ court, Director of Insurance Medical Service/ respondent No.4 has filed a statement dated 11.03.2022, contending, _inter alia_ , that the writ petitioner had not submitted documents for WA.407 of 2022 -:6:- PSC/Police Verification and hence, his service was not regularised. Although he claimed to have completed probation period on 12.03.2018, the department had not received the required documents for declaring probation. His application for regularisation was received in the Directorate of Insurance Medical Service only on 13.12.2021. But, additional documents were required and he was directed to include the previous service details for preparing Statement of Details for PSC Verification. Writ petitioner submitted the documents only on 19.02.2022. After PSC verification on 24.02.2022 and police verification on 26.02.2022, his service was regularised on 2.3.2022. Subsequently, his probation was declared on 3.3.2022. There is no delay attributable to the department in declaring his probation. 11. Controverting the contentions raised by the 4[th] respondent in his statement, writ petitioner has filed a reply affidavit, wherein, he has produced the prospectus, score card, select list under IMS quota for 2021-22 dated 3.3.2022, request for regularisation of service, etc. 12. After hearing the submissions of learned counsel on both sides, writ court declined to grant any reliefs to the appellant though, WA.407 of 2022 -:7:- the declaration of probation was operative from 12.03.2018, about 4 years before the issuance of Exhibit-P4 prospectus. 13. Relevant portions of the impugned judgment are extracted hereunder: “12. The petitioner has scored a fairly high weightage mark comparing to the 5th respondent in the examination for admission to PG Medical Course. The petitioner is having a longer service also as Assistant Insurance Medical Officer. However, the petitioner was not included in the list of admission to PG Medical Course for the reason that his probation was not declared. The case of the petitioner is that the delay in declaration of probation cannot be a reason to deny legal right of the petitioner for admission to PG Medical Course. It is the date of completion of probation, which is relevant and not the date of declaration. 13. The period of the petitioner's probation was originally fixed to be up to 11.03.2018. The probation of the petitioner was not declared immediately after the said period. It was declared only on 03.03.2022. In the meanwhile, Ext.P4 Prospectus for admission to PG Medical Course was published on 15.01.2022. The respondents published a provisional select list on 01.03.2022. During this period, the respondents could not have selected the petitioner for admission to the PG Medical Course because his successful completion of probation was not declared. The respondents published the final list on 03.03.2022. The petitioner's probation was actually declared only on that day, though retrospectively. In circumstances, it is evident that the respondents could not have legally included the petitioner's name in the select list, in view of the specific conditions in Ext.P4 Prospectus, especially Clause 6.6.12. WA.407 of 2022 -:8:- 14. The petitioner would contend that it is the date of successful completion of the probation that is to be considered and not the date of declaration. In the present case, as on the date of publication of the provisional list, the petitioner's successful completion of probation was not declared. Therefore, going by the terms of the Prospectus, the respondents could not have included the petitioner in the select list. 15. The further argument of the petitioner is that in view of Rule 20(b) and Rule 24 of Part II KS & SSR, it is the duty of the Superior Officers to take expeditious steps for declaration of the probation of the petitioner immediately after the prescribed probation period. Their failure cannot adversely affect the petitioner. Though the Rules direct that satisfactory completion of probation should be declared after the period of completion of probation, the said provisions alone cannot entitle the petitioner admission to PG Medical Course. In the facts and circumstances of the case, this Court does not deem it a fit case for the Government to invoke its revisional powers under Clause 19 of Ext.P4 Prospectus. True, the petitioner has lost an opportunity to get admitted to PG Medical Course due to the delayed declaration of his probation period. It can only be treated as an accident of service.” Being aggrieved, instant appeal is filed. 14. Mr. George Thomas, learned Senior Counsel for the appellant, contended that the learned single Judge ought to have held that Exhibit-P4 prospectus dated 15.01.2022 does not provide that the appellant will be eligible to apply only if his probation is declared. 15. He further contended that writ court ought to have held that WA.407 of 2022 -:9:- inasmuch as the appellant has completed 2 years of service by 12.03.2018, without extension and also passed the department test in January, 2018, the appellant has successfully completed the period of probation. Therefore, according to the learned Senior Counsel, there cannot be any doubt as regards the completion of probation, as provided in Clauses 4 and 6.6.12 of Exhibit-P4 prospectus dated 15.01.2022. In fact, the final declaration of completion of probation of the appellant by 12.03.2018 was given retrospective effect on 3.3.2022,as evident from Exhibit-P2. 16. Referring to the eligibility criteria under the quota reserved, as discernible from Clauses 4 and 6.6.12 of Exhibit-P4 prospectus, learned Senior Counsel for the appellant has contended that when the relevant clause mentions only the successful completion of probation and as the appellant has entered the service on 11.03.2013, and there is also no extension of the period of probation, even without a formal declaration, it ought to have been taken that the appellant has successfully completed his probation, and therefore, all the benefits pursuant thereto must enure to him. The omission to include his name WA.407 of 2022 -:10:- in the list of eligible applicants, forwarded to the Commissioner for Entrance Examinations through the Director of Medical Education, for want of declaration of probation is clearly erroneous. Learned single Judge ought to have upheld this position and appropriate orders ought to have been issued, to protect the valuable rights of the appellant. 17. Learned Senior Counsel for the appellant has further contended that the binding effect of declaration of his probation cannot be denied to the appellant, for the reason that the order of declaration was passed only subsequent to the issuance of Exhibit-P4 prospectus. Notwithstanding the date of publication of Exhibit-P2 order, in as much as the declaration is intended to be effective from 12.03.2018 onwards, 12.03.2018 is the date to be taken into account as the date of declaration of probation for rendering justice to the appellant. 18. Learned Senior Counsel for the appellant has further contended that as a matter of fact, the relevant rules pertaining to the declaration of probation in the KS & SSR, 1958, cast an obligation on the department to complete the procedure pertaining to the declaration of probation or extension of probation of a person in the service. That WA.407 of 2022 -:11:- apart, Rule 19 of the Rules countenances the suspension, termination or extension of probation; Rule 20 speaks about the probationers suitability for a full membership; and Rule 21 speaks about the extension of probation. 19. According to the learned Senior Counsel for the appellant, the abovesaid rules clearly show that the department itself is bound to take expeditious action in respect of the service of a probationer and that, if the probationer is not satisfactory, the service is to be extended for a minimum period of one year after the initial term of two years. If it is found that the probationer is not suitable for making permanent in service, he has to be discharged from the service. 20. Learned Senior Counsel has further contended that the writ court failed to appreciate the fact that there was no delay or laches on the part of the appellant, which led to the belated declaration of his probation by the authorities. If fact, as evident from Exhibits-P7 to P9, it is clear that though the appellant had repeatedly approached the authorities concerned for declaration of his probation, as early as on November, 2019, the same was delayed, because of the inaction and WA.407 of 2022 -:12:- misconceptions on the part of the authorities concerned, by directing production of certain documents, which, according to the appellant, was not necessary and no blame can be attributable to him. 21. Learned Senior Counsel for the appellant has also contended that Government ought to have exercised the power vested under Clause 19 of Exhibit-P4 prospectus dated 15.01.2022, to undo the manifest injustice caused to the appellant, by virtue of non inclusion in the selection list. As a matter of fact, the allotment process is not yet completed and it would be over by 2.4.2022 and the time to join is extended to 6.4.2022. 22. Heard learned counsel for the respective parties and perused the material on record. 23. Clause 4 of Exhibit-P4 prospectus for admission to Medical Postgraduate Degree Courses 2021-2022 dated 15.01.2022 speaks about eligibility for admission. Clause 4.1 – Academic reads thus: - “4: Eligibility for Admission 4.1 Academic: Applicants should be in possession of MBBS degree or provisional MBBS pass certificate recognized by NMC (MCI) with MBBS qualification WA.407 of 2022 -:13:- registered permanently or provisionally with NMC (MCI) or State Medical Council and who have completed one year of internship or are likely to complete it on or before 30/06/2021. Admission to such candidates will be given only after they have obtained registration of T.C. Medical Council.” 24. Clause 6-6.12 of Exhibit-P4 prospectus speaks about eligibility for service quota and it reads thus: “a. The eligibility criteria for the service quota are the same as laid down in Clause 4. The applicants under Service Quota should have successfully completed their probation in the respective cadre. Other cases will not be entertained on any account. Provisional service (under MES/DHS/IMS) if any, before the regular appointment will not be considered. b. The total service will be reckoned as on the date of notification for inviting application by CEE for admission to the courses. Unauthorised absence or absence due to Leave without Allowance (including leave on medical ground) and the deputation periods of the candidates will not be counted for the purpose of calculating the minimum service and for the seniority. However the period of deputation of candidates of service quota candidates to autonomous institutions/ WA.407 of 2022 -:14:- projects/societies/other agencies under the administrative control of their parent department will be counted as eligible service under State Service Quota. If there is a tie in their actual physical service, the PSC seniority will be the deciding criterion. c. Preparation of Seniority list under Health Service Quota (HSQ):-A single seniority list for candidates under Health Service Quota will be prepared by the DHS. Weightage for Service, Rural and Difficult Rural Service will be given as follows, subject to a maximum of 30% of the marks obtained: **Service weightage** : Service weightage in the marks will be given as an incentive at the rate of 1% of marks obtained, for each year in service. **Rural Service** : Service weightage in the marks will be given as an incentive at the rate of 2% of marks obtained, for each year in service in Rural areas upto a maximum of 30 % of the marks obtained. Doctors working in approved Casualty Units in the Government Hospitals are also eligible for claiming Rural Service Quota. Difficult Rural Service: In determining the merit in the Entrance test for PG admission, weightage in the marks will be given as an incentive at the rate of 5% of marks obtained for each year in service in Difficult Rural area unto a maximum of 30% of the marks WA.407 of 2022 -:15:- obtained. It is clarified that the service weightage added up from all areas of service is capped at 30% of the marks obtained by the candidate in the qualifying examination. The list of Government Allopathic Medical institutions designated as Rural stations in Kerala is as mentioned in the Standardised list of Government Allopathic Medical Institutions-2013 prepared by Health Information Cell (DHS) and approved vide GO(Ms) No.443/2013/H&FWD dated 16.11.2013. The list of Government Allopathic Medical Institutions in Difficult Rural Areas in Kerala is as mentioned in G.O(MS) No.55/2014/H&FWD dated 15.02.2014 (Annexure XI). d. Lecturers who have Post Graduate Degree/D.N.B in the Specialty corresponding to the branch in which they are working will not be eligible for admission under Service quota.” 25. Clause 6.6.19 of Exhibit-P4 prospectus states that unclaimed seats in any of the Service Quota categories will go to the general merit category. That apart, the documents to be furnished before the admitting authority, as per Exhibit-P4 prospectus, are: (a) Data sheet of PG Medical 2021 issued by CEE. WA.407 of 2022 -:16:- - (b) Date of Birth Proof: Secondary School Leaving Certificate/Senior Secondary Certificate/Indian Passport/ Birth Certificate. - (c) M.B.B.S. Degree/Pass Certificate. - (d) House Surgeoncy (CRRI) Certificate - (e) NEET (PG)-2021 Scoresheet. - (f) Original “Transfer Certificate” from the institution last studied. - (g) Originals of all the uploaded documents/certificates. ## 26. Clause 10-1.19 of Exhibit-P4 prospectus speaks about allotment of seats to service candidates and it reads thus: “10-1.19: Allotment of seats to Service candidates: All the conditions mentioned in the clause 10-1 are also applicable to Service candidates. - Any vacancy that may arise after the cut-off date for admissions prescribed by the government of India/Supreme Court will be considered as lapsed and no allotment/transfer will be made to these seats under any circumstances. - No allotment/Transfer/Surrender/exchange of PG Medical courses will be done under any circumstance after the last date of admission prescribed by the Government of India/Supreme Court. - Changes, if any effected by the Hon’ble Supreme Court of India/DGHS, New Delhi, in the time schedule for admission process will be applicable for the State Self Financing Colleges also. WA.407 of 2022 -:17:- 27. Clause 10-1.20 of Exhibit-P4 prospectus speaks about documents in original to be produced at the time of admission and it reads as under: - i. Admit Card issued by the National Board of Examination, New Delhi. - ii. Allotment memo issued by Commissioner for Entrance Examinations. - iii. Document to prove date of birth. - iv. Pass/Degree certificate of the qualifying examination (MBBS Degree). - v. Permanent Registration Certificate from T.C Medical Council. - vi. CRRI Certificate. - vii. Certificate of Eligibility/Equivalency certificate from KUHS for candidates who have passed the qualifying examination (MBBS Degree) from Universities outside Kerala. - viii. Required bonds duly filled up and signed by candidates and sureties. - ix. “Original Transfer Certificate” from the Institution last studied - x. Relieving order in the case of service candidate from the institution last worked - xi. Any other documents mentioned in the allotment notification. 28. Clause 19 of Exhibit-P4 prospectus dated 15.01.2022 states 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 a subordinate WA.407 of 2022 -:18:- authority. This prospectus is subject to Modification/Addition/ Deletion as may be considered necessary by the Government and issued as executive orders/notification. 29. Exhibit-P8 letter dated 21.12.2019, issued from the office of Regional Deputy Director, Insurance Medical Services, Kollam (Southern Zone), is extracted hereunder: “Date 21/12/2019 From Regional Deputy Director (SZ) To Insurance Medical Officer, ESI Dispensary, Keralapuram. Sir, Sub: Service in IMS Department. Making available necessary documents for regularizing the service of Dr. Shanavas Khan, AIMO. Ref: Letter No. 2072019/IMO/ESI/Dispensary Nedumbana dated 30/11/2019. The services of Dr. Shanavas Khan, who joined ESI Dispensary Nedumbana as Assistant Insurance Medical Officer is not yet regularized. In the application under reference for the regularization of the service of the said officer, the below mentioned documents also ought to have been included. After rectifying the omissions, the application is to be submitted through the ESI Dispensary Keralapuram where the officer is at present working. Hence the above application submitted through ESI Dispensary WA.407 of 2022 -:19:- Nedumbana is herewith forwarded for your information and further necessary actions. The documents pertaining to PSC OTV Original, Personal Memorandum, Statement Showing Previous Regular Service & Statement showing Regular Service are also to be forwarded along with the application. Faithfully yours, Regional Deputy Director (Southern Zone) (Sd)” 30. During the course of hearing, learned Senior Counsel for the appellant submitted that out of the 4 medical Post Graduate seats allotted as quota for the doctors in Insurance Medical Service, only 3 were allotted among the 8 persons included in Exhibit-P6 final select list published on 3.3.2022. He further submitted that the MS (General Surgery) seat reserved for Insurance Medical Service was not opted by anyone in Exhibit-P6 list. He also submitted that 3 seats out of the 19 seats reserved for the doctors in Health Service remain unfilled and are included in the Mop Up round. 31. Letter dated 31.03.2022 from the Commissioner for entrance Examinations to the Advocate General, Kerala, Ernakulam reads thus: “No.CEE/322/2022/A2 Date: 31/03/2022 The Advocate General Kerala, Ernakulam. WA.407 of 2022 -:20:- Sir, Sub: Office of the CEE, Thiruvananthapuram - details of allotment in Service quota in PG Medical Course – Reg. Ref: 1. Letter No.WA/407/2022/D3 dated 30.03.2022 received from Adv. P.G.Pramod Govt. Pleader with State Attorney. In response to the reference cited, I hereby inform you that allotment for seats under Health Service Quota, and Insurance Medical Service Quota were published on 03.03.2022. Four seats under Insurance Medical Service Quota and 19 seats under Health Service Quota were filled during this allotment process. No allotment has been made in Medical Education Service Quota as the revised list of eligible Medical Education service Candidate has not been provided by the DME. ## Commissioner for Entrance Examinations” 32. Letter dated 2.4.2022 sent to the Advocate General, Kerala, Ernakulam, by the Commissioner for Entrance Examinations, Thiruvananthapuram, is extracted hereunder: “No.CEE/322/2022/A2 Date: 02/04/2022 **The Advocate General** Kerala, Ernakulam. Sir, Sub: Office of the CEE, Thiruvananthapuram - WA No.407/2022 filed by Dr. Shanavas Khan instructions forwarding - Reg. Ref: 1. Letter No.WA 407/2022/D3 dated 01.04.2022 of Adv. P. G. Pramod, Govt. Pleader. WA.407 of 2022 -:21:- In response to the reference cited above, I hereby inform you that there were four seats earmarked for candidates under Insurance Medical Service quota. These seats were filled during the second allotment made on 03.03.2022 based on the options registered by the IMS Service quota candidates. Although there were 8 candidates qualified in the Insurance Medical service Quota, none of the candidates opted seats in MS (General Surgery) at Govt. Medical College, Alappuzha. Hence, 3 seats were filled from the Insurance Medical Service quota candidates according to their options and _**one seat was converted to General Merit Seat as per the Prospectus Condition (Clause 6.6.19) and allotment was done to this seat.**_ Yours faithfully, Commissioner for Entrance Examinations” 33. True that, declaration of probation made on 3.3.2022 has been given retrospective effect from 12.03.2018, but, as per Clause 6.6.12 of Exhibit-P4 prospectus, the applicants under the service quota should have been successfully completed their probation in the respective cadre. Other cases will not be entertained on any account. 34. Exhibit-P4 prospectus for admission to Medical Post Graduate Degree Courses 2021-2022 was issued on 15.01.2022, and therefore, on the date of issuance of the said prospectus, the applicants under service quota should have been successfully completed their probation. Admittedly, in the case on hand, on the date of issuance of Exhibit-P4 prospectus, appellant has not been declared successful WA.407 of 2022 -:22:- completion of probation. Though there is a retrospective effect, by virtue of the order dated 3.3.2022, it cannot be acted upon, because as on the date of Exhibit-P4 prospectus, there is no successful completion of probation. 35. Though there are rival contentions as regards the failure on the part of the authorities concerned to adhere to Rules 19 and 20 of the Kerala State and Subordinate Service Rules, to declare successful completion of probation, and emphasis is also made to the word “shall” used in the rules, the facts remains that due to non-production of the documents, process was not taken up, as provided in the rules and thus, there was a delay in declaration. At the risk of repetition, there is no successful declaration of probation on the date of issuance of Exhibit-P4 prospectus. 36. In the light of the above discussion, we are not inclined to interfere with the judgment of the learned single Judge in W.P.(C) No.7481 of 2022 dated 18.03.2022. 37. Before parting, we would like to refer to Clause 19 of Exhibit-P4 prospectus dated 15.01.2022, which states that WA.407 of 2022 -:23:- notwithstanding anything contained in the prospectus, Government may, at any time, on their own volition or otherwise after calling the records of the case, revise any order passed by a subordinate authority. Thus, from Exhibit-P4, it could be deduced that power is conferred on the Government to issue appropriate orders revising any order passed by the subordinate authority. 38. Though, we sustained the impugned judgment, the Secretary to the Government, Health & Family Welfare Department, Government of Kerala, Thiruvananthapuram, is directed to explore the possibility of exercising the power conferred under Clause 19 of Exhibit-P4 prospectus for admission to Medical Post Graduate Degree courses dated 15.01.2022, and pass appropriate orders. Writ appeal is disposed of accordingly. **SD/S. MANIKUMAR CHIEF JUSTICE** **SD/MURALI PURUSHOTHAMAN JUDGE** Krj //TRUE COPY// P.A. TO C.J.