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2002 DIGILAW 484 (KER)

The Association Of Kerala Jews v. State of Kerala

2002-07-18

K.A.ABDUL GAFOOR

body2002
Judgment :- First petitioner is an association of Jews, a minority community and the second petitioner is a member of that community. Second petitioner aspires for admission to M.B.B.S.Degree Course. Second petitioner appeared in the entrance examination. It is an admitted case before me that one seat is reserved for Anglo Indian community and Jewish community for alternative years. This year the reservation is available to a member of Jewish community. Only in the absence of such a member, it will go to Anglo Indian community. Second petitioner has passed the entrance test. But the petitioner may not be getting admission on the basis of para 5.2 (1) of the prospectus. The said clause deals with claims for special reservation. The reservation for Jews or Anglo Indian comes within the special reservation. This is an admitted position. The said clause 5.2(i) reads as follows: "In the case of special reservations seats earmarked for MBBS course which are filled on the basis of the rank in the Entrance Examination, only candidates who have scored rank upto 5 fold of the total number of seats sanctioned in the State for MBBS course before the commencement of the allotment process 2002, alone will be selected for admission. For example, if the sanctioned number of Medical seats in the State is 900, only candidates with Medical Rank upto 4500 will be considered for special reservation." Thus special reservation is an amalgam of reservation and merit. The merit is also given due weightage. When it is so intended that one should have obtained at least a minimum merit, it cannot be stated to be arbitrary. Challenge to the very same clause by another group claiming special reservation for Kalathilakam or Kalaprathibha title holders had already been repelled by me in the judgment in O.P.No.11633/02. Original petition, therefore, fails, dismissed.