SREEJA Vs. STATE O KERALA

JUDGEMENT

(1.) The petitioners herein are applicants for admission to Post B.Sc. Degree Course 2012-2013 under service quota. An amendment of the prospectus as per Ext.P3 Government Order and its validity is the issue to be decided in the writ petition.

(2.) The case of the petitioners, apparently is that going by para 8.3.1 of Ext.P1 prospectus, the rank list for service candidates has to be prepared according to their rank in the Entrance Examination and it is not in terms of any seniority in service. Going by the same, the first petitioner is rank No.4 in Ext.P2 rank list and she would be No.3 in the list published by the Director of Medical Education. The second petitioner is rank No.8 in Ext.P2, but since she is working under the Director of Health Services, in the list published by the Director of Health Services, she would be rank No.2. The third petitioner is rank No.1 in Ext.P2 and the fourth petitioner is rank No.2 in Ext.P2. Both of them will be rank Nos.1 and 2 in the list published by the Director of Medical Education. It is submitted that after the publication of the rank list, there cannot be any change of the rules of the game which is a well accepted principle laid down by the Apex Court in various decisions, viz. K. Manjusree v. State of Andhra Pradesh and another, 2008 3 SCC 512 and other cases. Thus, it is submitted that the amendment proposed to the prospectus cannot be justified.

(3.) Additional respondents 6 to 9 have opposed the contentions of the petitioners by pointing out that going by the date of the effective advice under Rule 27C of the KS & SSR they are seniors to the writ petitioners. The details of their dates of advice and the dates of joining service have been stated in para 3 of the counter affidavit. Additional respondents 6 to 9 also submitted applications seeking admission under the service quota. It is their contention that during all these years admissions to Post Basic Degree Course, M.Sc. Nursing Degree Course, Medical Post Graduate Degree Course and Medical Super Specialty Course including Dental Degree Courses under service quota were being made on the basis of the seniority of the employees in service subject to their passing of the entrance examination. The omission to provide seniority in service as a criteria in Ext.P1 is a mistake. The Government has now amended the relevant clauses of Ext.P1 prospectus and the Government is fully empowered to do so in the light of clause 1.6 itself. The same is in tune with the executive power under Article 166 of the Constitution of India read with Section 21 of the General Clauses Act and and Article 367 of the Constitution of India. The additional respondents have also produced Exts.R6(a) to R6(c) which are the relevant extracts of the prospectus for Post Basic B.Sc. Nursing degree course for the year 2011-2012, for admission to Medical Postgraduate degree and diploma courses for the year 2011-2012 and M.Sc. Nursing degree course for the year 2011. It is pointed out that in all these, the terms are similar that preparation of rank list for service candidates will be according to their service seniority subject to passing of the Entrance Examination. Ext.R6(d) is the circular dated 3.1.2012 issued by the Indian Nursing Council directing that admission to B.Sc. Nursing Course as well as for M.Sc. Nursing Course shall be made only by an entrance examination and marks for the qualifying examination shall not be considered. Accordingly, for the first time the entrance examination was introduced to the B.Sc. Nursing course as well as for M.Sc. Nursing course. Ext.R6(e) is the order passed by the Government amending the prospectus. The same is dated 27.9.2012.