Judgment :- Radhakrishnan, J. Whether teachers of Self-financing Colleges are entitled for admission to the Post Graduate courses in Ayurveda in the teachers quota earmarked for the teachers of Government and Aided Colleges in the State is the question that has come up for consideration in this case. 2. The Director of Ayurveda Medical Education, Government of Kerala conducts post-graduate courses in various specialties in the seats available in the various Government Colleges and Aided Colleges in the State every year. For the year 2005-06 out of 77 seats 6 seats are ear-marked for Scheduled Caste community, one seat for Scheduled Tribe candidate, 15 seats are reserved for teaching staff of Ayurveda Colleges in the State, one seat is reserved for the Medical Officer of the Department of I.S.M. one seat is reserved for the candidate sponsored by the Lakshadweep Administration, 12 seats are reserved for candidates from outside the State of Kerala (11 general and 1 SC/ST) and 41 seats are available for general merit candidates. Thus the total seats available are 77. Admission to Post graduate course except in the case of members of SC/ST, teaching staff of Ayurveda Colleges, Medical Officer of the Department of I.S.M and also candidate sponsored by the Lakshadweep Administration shall be made on the basis of an entrance examination conducted by the Commissioner of Entrance Examination. 3. Petitioner in the writ petition is working as Lecture in a private Self Financing Ayurveda Medical College. She has not applied under the general merit quota by writing the entrance examination on the ground that the prospectus permitted teachers from Government Colleges, Aided Colleges and Self-financing Colleges to apply under the teachers quota. Considerable stress was made on the words “ayurveda colleges in the state” which fall under clause 2(b) of the prospectus as well as on the expression “private colleges” occurring in Note 2 in clause 2. Petitioner also submitted that Government vide Ext.R1(a) government order dated 16.03.2006 have amended the prospectus by restricting the teachers quota to “teaching staff of Government and aided colleges” and that the prospective amendment would not affect the claim of the petitioner for admission to P.G. Course in Ayurveda under the teachers quota as per the prospectus for the year 2005-2006. Petitioner also submitted that Government vide Ext.R1(a) government order dated 16.03.2006 have amended the prospectus by restricting the teachers quota to “teaching staff of Government and aided colleges” and that the prospective amendment would not affect the claim of the petitioner for admission to P.G. Course in Ayurveda under the teachers quota as per the prospectus for the year 2005-2006. Learned single judge accepted the contention of the petitioner and gave a declaration that the petitioner is entitled to be considered as against the reserved quota for teaching staff. Positive direction was also given to admit the petitioner as against the reserved quota. Learned single judge accordingly allowed the writ petition as per judgment dated 28-03-2006, which is reported in I.L.R. 2006 (2) Kerala 398 (Dr. Mini v. Director Ayurveda Medical Education). 4. Director of Medical Education and the State are aggrieved by the judgment of the learned single judge and have approached this court in this appeal. An impleading petition was filed in this appeal by one Sumi who is having rank No.52 in the merit list staking her claim for admission to P.G. Course. She got impleaded as additional fourth respondent and contended that she has already been admitted in the merit quota subject to the result of the writ appeal. Another impleading petition was filed by the General Secretary of Akhila Kerala Government College Adhyapaka Sankhadana stating that the teachers quota was introduced based on the various representations and discussions held between the Association and the Government and hence they are vitally interested in the outcome of this appeal. 5. The only question to be considered by this court is whether teachers quota as shown in the prospectus for the year 2005-2006 meant only for teachers of Government and Aided colleges in the State or for the teachers of Self-financing colleges also. Facts would clearly show that teachers of Government Ayurveda Colleges and aided colleges form a class by themselves. Government pays salary to teachers of Government Colleges as well as to the teaching staff of the aided colleges after introducing the direct payment system. Teaching staff of Government Ayurveda Colleges in the State are recruited through Public Service Commission. Appointment of teaching staff of aided colleges is done by a Selection Committee constituted by the Government which also includes a nominee of the Government as member. Teaching staff of Government Ayurveda Colleges in the State are recruited through Public Service Commission. Appointment of teaching staff of aided colleges is done by a Selection Committee constituted by the Government which also includes a nominee of the Government as member. At the same time teachers of self-financing colleges are recruited by the Management and neither the P.S.C. nor the Government have any control over them. The question to be considered is whether teachers of self financing colleges have got any right to get admission to post graduate course in Ayurveda under the “teachers quota” in the various Government as well as aided Ayurveda Colleges. 6. We are of the view, clause 2 (b) of the prospectus cannot be read in isolation, but has to be read and understood in the light of the Note attached to clause 2 of the prospectus. For easy reference we may extract Note 2. “2. Selection under Clause 2 (b) and (c) will be made by the selection committee strictly based on seniority in the case of Government Ayurveda College Teachers and length of service in various categories of posts taken together, in the case of teachers from Private colleges, in concerned discipline. If there are two applicants for one discipline from Government College and aided College, the length of service will be the criteria.” (emphasis supplied) It is specifically stated in the Note that selection under Clause 2 (b) and (c) will be made by the selection committee strictly based on the seniority in the case of Government Ayurveda College Teachers and length of service in various categories of posts taken together in the case of teachers from Private Colleges in the concerned discipline. Note, it is true, uses the expression “teachers from private colleges” but those words can only mean aided colleges which will be from the following sentence, which succeeds the earlier portion. “If there are two applicants for one discipline from Government College and aided college, the length of service will be the criteria”. Therefore, when the selection committee conducts selection under clause 2(b) and (c) the Yardstick they have to follow is seniority in the case of Government Ayurveda College Teachers and length of service in various categories of posts taken together in the case of teachers from aided colleges. Therefore, when the selection committee conducts selection under clause 2(b) and (c) the Yardstick they have to follow is seniority in the case of Government Ayurveda College Teachers and length of service in various categories of posts taken together in the case of teachers from aided colleges. Seniority in the case of Government Ayurveda College Teachers and length of service in various categories of posts in aided colleges is taken as one class. If there are two applicants for one discipline from Government College and Aided College, length of service would be the criteria. The absence of the words “private colleges” in the above class, in that context is crucial. Criteria for selecting candidates from the self-financing colleges is absent meaning thereby that selection could be made only from the teaching staff of the Government Colleges and aided colleges. Therefore the expression Ayurveda Colleges used in clause 2(b) and Note 2 to clause 2 would take in only teachers of Government colleges as well as aided colleges since they form a class by themselves and no mode of selection is prescribed for the applicants from the private self-financing colleges. We will get further light from clause 6 of the prospectus. The said clause is also extracted below for easy reference. “Bond to be executed: Every candidate admitted to the Post Graduate Course has to execute a bond in the form given (Appendix B) at the time of admission to the effect that he/she shall pay to Government a sum of Rs.3,00,000/- (Rupees three lakhs only) the probable amount that the Government may have to spend for paying stipend to the bounden and further sum of Rs.10,000/- (Rupees ten thousand only) towards liquidated damages and the stipend/salary received in the event of his/her interrupting or discontinuing the course at anytime after one month from the date of admission to the course. Two Gazetted officers will be the sureties and the Controlling Officer of the sureties concerned should countersign the signature of sureties concerned on the bond. If a candidate selected for admission does not complete the course successfully will be considered as having abandoned the course and he/she shall be liable to pay liquidated damages and to refund to Government the stipend/salary etc. received by him/her during the period of the course. If a candidate selected for admission does not complete the course successfully will be considered as having abandoned the course and he/she shall be liable to pay liquidated damages and to refund to Government the stipend/salary etc. received by him/her during the period of the course. Candidates selected under “Teachers Quota” will execute a bond to serve the institution for a period of not less than seven years after completion of the course failing which they will be required to pay an amount of Rs.1,00,000/- (Rupees one lakh only) to Government by way of penalty. The selected candidates should execute the bond within 15 days from the date of admission.” 7. Clause 6 states that candidates selected under Teachers Quota will execute a bond to serve the institution for a period of not less than seven years after completion of the course failing which they will be required to pay an amount of Rs.1,00,000/- to Government by way of penalty. Government will insist on the execution of the bond to see that candidates selected under the Teachers Quota would serve for not less than seven years in a Government College or Aided College since Government is bearing heavy financial commitment on account of deputation scheme to impart Post graduate education to those selected under clause 2(b). Government colleges as well as Aided colleges would suffer if the candidates after undergoing the P.G. Course leave the institution, which will have far reaching consequence in the administration of the Government Colleges as well as Aided Colleges on which Government is vitally interested. 8. Government have no concern so far as self financing colleges are concerned because there is no institutional subjugation or any other legal relationship between the Government and the self financing college. Government have no financial burden on the affairs of the self financing colleges or any control over their activities. Government cannot insist that the teachers of self-financing institutions would execute a bond obliging the Government to see that their teachers would serve in that institution. Such self financing colleges also can refuse to accept any such enforced service on the ground that they are not parities to such bonds which are therefore not binding on them. We fail to see on what basis the Government can impose penalty, in case, a teacher leaves from a self financing college. Such self financing colleges also can refuse to accept any such enforced service on the ground that they are not parities to such bonds which are therefore not binding on them. We fail to see on what basis the Government can impose penalty, in case, a teacher leaves from a self financing college. On a reading of sub clause (b) of Clause 2, sub clause (c) of clause (2) and the Note attached to clause 2 and Clause 6, we are of the view that the teachers’ quota ear marked is only for teachers working in the Government Ayurveda College and Aided Colleges. Clause 2(b) has necessarily to be interpreted in the context in which the words “staff of Ayurveda College” are used and the object sought to be achieved, and also taking note of the general purport of the prospectus. 9. Director of Medical Education, it is true has requested the Government to correct certain mistakes crept in the prospectus for the year 2005-2006 and wrote to the Government vide his latter dated 24.12.2005. Government therefore issued Ext. R1 (a) order dated 16.3.2006 whereby Teaching staff of Ayurveda Colleges in clause 2(b) was substituted with the words “Teaching Staff of Government and Aided Ayurveda Colleges” and modified the prospectus accordingly. Ext. R1(a) cannot be treated as a subsequent amendment of the prospectus. It only clarifies the position beyond any doubt. We are of the view that in the light of Ext.R1(a) teachers of self financing colleges cannot stake any claim under teachers quota which is meant only for teachers of Government Colleges and Aided colleges. The very same petitioner had, in fact, applied for post graduate course in Ayurveda for the previous academic year claiming that she is eligible to be considered against the teachers quota. Her application was objected by the first respondent as per Ext. P3 order dated 5.11.2004 holding that teachers of Government Ayurveda Colleges and Government Aided Ayurveda Colleges alone are entitled to apply through the teachers quota. The petitioner has not chosen to challenge Ext.P3 order. 10. Government Ayurveda College Teachers mentioned in clause 2(b) means teachers of Government Ayurveda Colleges and aided colleges. P3 order dated 5.11.2004 holding that teachers of Government Ayurveda Colleges and Government Aided Ayurveda Colleges alone are entitled to apply through the teachers quota. The petitioner has not chosen to challenge Ext.P3 order. 10. Government Ayurveda College Teachers mentioned in clause 2(b) means teachers of Government Ayurveda Colleges and aided colleges. When we look at the distribution of the seats, teachers quota, as we have already indicated, was meant only for teachers of Government Ayurveda College Teachers as well as Aided College Teachers and the second category is Medical Officer of the Department of I.S.M. which is a Department of the Government. One seat is ear-marked for candidate sponsored by the Lakshadweep Administration and 11 seats are ear-marked for candidates from outside the State. Candidates who fall under teachers quota, under Medical Officer, I.S.M. and under the sponsorship of Lakshadweep Administration need not write the entrance examination. Separate criteria is ear-marked for them for admission. Rest of them have to take entrance examination. Teachers of self-financing colleges therefore have necessarily to take the entrance examination for admission to the post-graduate course and if only they fall in the general merit category they can get admission and not under the “teachers quota” ear-marked for the teachers of Government colleges and Aided colleges. We are therefore inclined to set aside the judgment of the learned single judge, allow this appeal and dismiss the writ petition.