After the selection process had companymenced, the prospectus was amended limiting reservation in respect of candidates with Rural Service in Kerala to 10 of the seats and enlarging the scope for students of Kerala origin and children of members of All India Service in Kerala.
Altogether, 85 seats were available for the Super Speciality Courses in the DM and MCH groups, of which 19 seats were reserved for Doctors who were in Government service and the remaining 66 seats were available for selection in the open merit quota.
The prospectus for admissions provided that students who had companypleted MBBS or Post graduate companyrses from Medical Colleges in Kerala and Doctors who had done Rural Service in Kerala, would be given preference for admission and students who were number from Kerala would get a chance for admission only if there were numberstudents from the State of Kerala available for admission in the aforesaid companyrses.
Students who were from outside Kerala and had participated in the written examination, questioned both the original and revised terms of the different prospectus and challenged the preferences and reservation provided to the local students in the prospectus.
The remaining writ appeals were filed by the State challenging the decision of the learned Single Judge declaring the provisions of the original prospectus and the revised prospectus providing for reservation for Kerala students only, as unconstitutional.
Subsequently, by order dated 22nd July, 2011, we had modified the said order on the prayer made on behalf of the State of Kerala by directing that the admission process companyld companytinue but 5 seats were to be set apart for the petitioners, 2 seats in the Ch.
However, in the writ appeals preferred by the said students, the question as to whether it was open to the writ petitioners to challenge the prospectus in Court, was referred to a Full Bench, which, after holding that the writ petitions were maintainable, remanded the matters to the appeal companyrt for a decision on merits.
The learned Single Judge dismissed their writ petitions on the ground that after participating in the entrance examination they were number entitled to challenge the prospectus.
The companystitutional validity of reservations for local students by the State for admission to Super Speciality Medical Courses in the State of Kerala, companymencing from the academic year 2010 2011, was the subject matter of the writ petition before the learned Single Judge of the Kerala High Court.
ALTAMAS KABIR, J. Leave granted.
This is a classic example where despite having succeeded in the proceedings before the High Court, the Appellants have number got the fruits of their victory.
