JUDGMENT : Hrishikesh Roy, J. Heard Sri.Kurian George Kannanthanam, the learned senior counsel appearing for the Appellant/Writ Petitioner. Also heard Sri. Titus Mani Vettom, the learned Standing Counsel for the Medical Council of India. The 7th respondent is represented by Sri.P.Sreekumar, the learned Standing Counsel. The respondent Nos.1, 3 and 5 are represented by Sri. Aravindkumar Babu, the learned Government Pleader. 2. The Appellant is challenging the judgment dated 17.02.2017 whereunder, the W.P(C) No.27861/2015 was dismissed by declaring that the Writ Petitioner, having failed to produce the sponsorship and nomination documents from the Government of Jammu and Kashmir for the MBBS seat earmarked for the sponsored candidate from that State, is disentitled to continue his education in the Govt. Medical College, Kottayam. 3. The writ petitioner applied for admission for the session 2015-2016 against a reserved quota seat earmarked for candidates nominated by the State of Jammu and Kashmir. The last date for MBBS admission was stipulated as 30.9.2015, but for filling up the reserved quota seat for the sponsored student from the State of Jammu and Kashmir, the last date was stipulated as 17.9.2015. The Prospectus (Ext.P3) would indicate that when the sponsored seats are not filled up, information should be given immediately to the Director of Medical Education, so that the vacant MBBS can be filled through other methods. 4. The learned Judge initially passed an interim order on the Writ Petition on 15.9.2015 ordering that the seat reserved for the nominee of the Jammu and Kashmir State, be kept vacant. Thereafter, the interim order was modified on 30.9.2015 and direction was issued to admit the petitioner for the MBBS course, subject to production of the No Objection Certificate, sponsorship and nomination documents from the Education Department within a month, from the date of the order. It was made clear that if the student fails to produce the proper sponsorship and nomination documents, his admission will be cancelled and the student shall be liable to pay liquidated damage to the State. 5. Before the Writ Court, the stand taken by the Medical Council of India, who were impleaded as additional 6th respondent, was that the petitioner is not qualified to seek admission for the MBBS course since he does not possess the qualifying marks in the qualifying examination, in terms of the Regulations of Graduate Medical Examination, 1997(hereinafter called as “Regulations 1997”). Before the Writ Court, the stand taken by the Medical Council of India, who were impleaded as additional 6th respondent, was that the petitioner is not qualified to seek admission for the MBBS course since he does not possess the qualifying marks in the qualifying examination, in terms of the Regulations of Graduate Medical Examination, 1997(hereinafter called as “Regulations 1997”). But because of the two respective communications dated 19.11.2015 (Ext.P13) and the one dated 19.11.2015 (Ext.P14), the petitioner was allowed to attend classes in the Medical College subject to further orders of the Court. But, when the student failed to produce the necessary eligibility documents within the stipulated period, his admission was directed to be cancelled on 01.12.2015 (Ext.P15) by the Principal of the Government Medical College, Kottayam with additional direction to recover liquidated damage as provided in the Prospectus for the MBBS admission. 6. The petitioner does not have 50% marks taken together in the subjects of Physics, Chemistry and Biology as stipulated under the Regulations 1997 in the Entrance Examination, conducted by the State of Jammu and Kashmir since he secured only 44.86% marks. There is no doubt that admission in the Medical Colleges are to be based on merit, either in the All India Entrance Tests or in the test conducted by the State Government for sponsorship of students against the seats earmarked for students of that particular State. 7. The writ petitioner appeared in the qualifying examination conducted by the State of Jammu and Kashmir, but failed to secure the minimum 50% marks in the subjects of Physics, Chemistry and Biology. Therefore, he did not satisfy the minimum criteria for securing admission. 8. In so far as the Exts.P13 and P14 communications, the writ petitioner contended that these can be treated as the nomination documents. However, the learned Judge examined those and opined that the petitioner has been failed to produce the required sponsorship and nomination documents from the Government of Jammu and Kashmir. This is possibly because the student failed to secure the minimum marks in the Entrance Test, conducted by the State of Jammu and Kashmir. 9. However, the learned Judge examined those and opined that the petitioner has been failed to produce the required sponsorship and nomination documents from the Government of Jammu and Kashmir. This is possibly because the student failed to secure the minimum marks in the Entrance Test, conducted by the State of Jammu and Kashmir. 9. For the above reasons, when the student was admitted on the basis of interim order passed by this Court but he failed to produce the required documents mentioned in the interim order dated 15.9.2015, the learned Judge took the view that the student was not qualified to secure admission for the MBBS course in the seat reserved for the sponsored candidate from the State of Jammu and Kashmir. 10. The learned Senior counsel for the appellant would however argue before us that the Appellant was the only candidate who had applied for the seat reserved for the student from Jammu and Kashmir, in the Kottayam Medical College and therefore, his performance in the Entrance Test should have no bearing since there is nothing on record to suggest that any other student applied for the reserved seat, in the Kottayam Medical College, Kerala. 11. On the above aspect, all that can be said is that every student aspiring to study in the Kottayam Medical College must secure admission on the basis of merit in the ranklist. The exception that is carved out is for students sponsored by the Jammu and Kashmir to the earmarked seat. But these categories of candidates must also qualify in the Entrance Examination conducted in their own States. Otherwise, the comparative merit of the aspirants from the State of Jammu and Kashmir cannot be assessed and an aspirant not qualifying in the Entrance Examination would get an unfair advantage and secure admission to the highly coveted MBBS curriculum. 12. We have also perused the Exts.P13 and P14 communications and have no hesitation to say that the letters written by the Special Assistant to the Minister and the demi-official letter written by the Minister of State of Jammu and Kashmir, cannot be construed to be the nomination documents for the student, more so for a student who is seen as ineligible, for such nomination. 13. Situated thus, the Writ Petition according to us was rightly dismissed and accordingly, the Writ Appeal is not entertained.