Judgment:
IN THE HIGH COURT OF KERALAAT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE3D DAY OF OCTOBER201311TH ASWINA, 1935 WP(C).No. 15719 of 2013 (L) ----------------------------------------- PETITIONER(S): ---------------------- NEETHU C.D., AGED20YEARS, D/O.D.CHRISTUDAS, GOOD HOPE, RC STREET NEYYATTINKARA, THIRUVANANTHAPURAM-695 121. BY ADV. SRI.T.B.HOOD SMT.M.ISHA. RESPONDENT(S): ------------------------- 1. STATEOF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT HEALTH AND FGAMILY WELFARE DEPARTMENT, SECRETRIAT THIRUVANANTHAPURAM-695 001.
2. THE COMMISSIONER FOR ENTRANCE EXAMINATIONS5H FLOOR, HOUSING BOARD BUILDINGS, SANTHI NAGAR THIRUVANANTHAPURAM-695 011.
3. THE MEDICAL COUNCIL OF INDIA POCKET-14, SECTOR-8, DWARAKA PHASE-1 NEW DLEHI-110 077, REPRESENTED BY ITS SECRETARY.
4. THE ADMISSION SUPERVISORY COMMITTEE RAM MOHAN PALACE, HIGH COURT CAMPUS, KOCHI-682 031 REPRESENTED BY ITS MANAGER5 DR.SOMERVELL MEMORIAL CSI MEDICAL COLLEGE KARAKONAM, THIRUVANANTHAPURAM-695 504 REPRESENTED BY ITS DIRECTOR DR.BENNET ABRAHAM.
6. THE PRINICIPAL DR.SOMERVELL MEMORIAL CSI MEDICAL COLLEGE, KARAKONAM THIRUVANANTHAPURAM-695 504.
7. THE CONVENER ADMISSION COMMITTEE DR.SOMERVELL MEMORIAL CSI MEDICAL COLLEGE, KARAKONAM THIRUVANANTHAPURAM-695 504. WP(C).No. 15719 of 2013 (L) -2- 8. THE CHAIRMAN DR.SOMERVELL MEMORIAL CSI MEDICAL COLLEGE, KARAKONAM THIRUVANANTHAPURAM-695 504. R1 & R2 BY GOVERNMENT PLEADER SRI.ROSHAN D.ALEXANDER R3 BY SRI.ALEXANDER THOMAS, SC, MCI R4 BY STANDING COUNSEL SMT.MARY BENJEMIN R5,R6,R7,R8 BY ADV. SRI.R.T.PRADEEP R6 BY ADV. SRI.P.BIJIMON THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON0310-2013, ALONG WITH WPC NO.18828/2013 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15719 of 2013 (L) ---------------------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1. TRUE COPY OF THE SIUC CERTIFICATE DATED201/2012 ISSUED BY THE PETITIONER BY THE BISHOP OF SOUTH KERALA DIOCESE EXHIBIT P2. TRUE COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER BY THE BOARD OF HIGHER SECONDARY EXAMINATION. EXHIBIT P3. TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER'S FATHER BEFORE THE4H RESPONDENT. EXHIBIT P4. TRUE COPY OF THE COUNTER STATEMENT FILED BY THE6H RESPONDENT IN EXT.P3 COMPLAINT BEFORE THE4H RESPONDENT EXHIBIT P5. TRUE COPY OF THE PETITIONER'S NEET RESULT DOWNLOADED FROM WEBSITE OF CBSE. EXHIBIT P6. TRUE COPY OF THE PROSPECTUS FOR ADMISSION TO MBBS COURSE20132014 ISSUED BY DR.SOMERVELL MEDICAL COLLEGE. EXHIBIT P7. TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR MBBS ADMISSION IN DR.SOMERVELL MEDICAL COLLEGE. EXHIBIT P8. TRUE COPY OF THE RECEIPT DATED176/2013 ISSUED FROM THE MEDICAL COLLEGE ACKNOWLEDGING THE RECEIPT OF EXT.P7. EXT.P9.TRUE COPY OF THE NOTIFICATION DATED46.2013 PUBLISHED IN THE DESABHIMANI DAILY DATED56.2013 INVITING APPLICATION FOR MBBS ADMISSION UNDER MANAGEMEN QUOTA IN SOMERVELL MEDICAL COLLEGE. RESPONDENT(S)' EXHIBITS: -------------------------------------- EXT.R6A.TRUE COPY OF THE RELEVANT PAGES MINUTES OF THE EXECUTIVE COMMITTEE MEETING. EXT.R6B.TRUE COPY OF THE RANK LIST PUBLISHED WHICH CONTAINS THE ROLL NO.OF PETITIONERS AS APPLICATION NO.12008 KERALA CET RANK NO.5017, MANAGEMENT RANK NO.22 FOR ADMISSION. EXT.R6C. TRUE COPY OF THE FIRST SELECT LIST PUBLISHED WHICH CONTAINS THE NAME OF PETITIONER AS RANK NO.22. EXT.R6D.TRUE COPY OF ALLOTMENT MEMO ISSUED TO THE PETITIONER DATED30 7-2012. EXT.R6E.TRUE COPY OF COMMUNICATION FROM COMMITTEE DATED156.2013. EXT.R6F.TRUE COPY OF THE AGREEMENT WITH GOVERNMENT ON256.2013. EXT.R6G.TRUE COPY OF PROVISIONAL APPROVAL GRANTED BY ADMISSION SUPERVISORY COMMITTEE DATED17.2013. WP(C).No. 15719 of 2013 (L) EXT.R6H.TRUE COPY OF TH E GOVERNMENT ORDER
FROM THE DEPARTMENT OF HEALTHAND FAMILY WELFARE (S). EXT.R6I.TRUE COPY OF THE PROSPECTUS OF DR.SMCSI MEDICAL COLLEGE, KARAKONAM. EXT.R6J.TRUE COPY OF THE PROSPECTUS OF CHRISTIAN MEDICAL COLLEGE, VELLORE. EXT.R6K.TRUE COPY OF THE PROSPECTUS OF CHRISTIAN MEDICAL COLLEGE, LUDHIANA FOR ACADEMIC YEAR20132014. EXT.R6(I).TRUE COPY OF THE JOURNAL PUBLISHED ON26.1987 BY MCA. ANNEXURE-I.TURE COPY OF THE STATEMENT FURNISHED BY COLLEGE. ANNEXURE-II.TRUE COPY OF THE STATEMENT DATED157.2013 FORWARDED TO ADMISSION SUPERVISORY COMMITTEE. ANNEXURE-III.TRUE COPY OF THE STATEMENT DATED187.2013 FORWARDED TO ADMISSION SUPERVISORY COMMITTEE. ANNEXURE-IV.TRUE COPY OF THE STATEMENT DATED227.2013 FORWARDED TO ADMISSION SUPERVISORY COMMITTEE REGARDING the LIST OF VALID APPLICATIONS. ANNEXURE -V.TRUE COPY OF THE LIST OF SIUC CANDIDATES ADMITTED AS ON238.2013. ANNEXURE-VI.TRUE COPY OF THE LIST OF NON-SIUC CANDIDATESADMITTED AS ON238.2013. ANNEXURE-VII.TRUE COPY OF THE UNDERTAKING BY CANDIDATES SEEKING TIME TO PRODUCE BANK GUARANTEE. ANNEXURE-VIIA.TRUE COPY OF THE UNDERTAKING BY CANDIDATES SEEKING TIME TO PRODUCE BANK GUARANTEE. ANNEXURE-VIIB. TRUE COPY OF THE UNDERTAKINGS BY CANDIDATES SEEKING TIME TO PRODUCE BANK GUARANTEE. K.M.JOSEPH & A.HARIPRASAD, JJ.
--------------------------------------------- W.P.(C) No.15719 of 2013-L & W.P.(C) No.18828 of 2013-C ----------------------------------------- Dated, this the 3rd day of October, 2013
JUDGMENT
K.M.Joseph, J.
In both these writ petitions, the following memos have been filed. MEMO filed in W.P.(C) No.15719 of 2013: "The above writ petition has been filed praying inter alia to declare that the issuance of Ext.P6 prospectus for admission to M.B.B.S course in Dr.Somervell Memorial C.S.I. Medical College, Karakonam without the prior approval of the 4th respondent Admission Supervisory Committee is illegal and all steps pursuant thereto are also illegal. There is a further prayer to declare that sub-classification of management quota seats is arbitrary, illegal and unconstitutional. It is submitted that since the last date for M.B.B.S admission is over,no W.P.(C) No.15719 of 2013-L & W.P.(C) No.18828 of 2013-C2further orders are necessary in the above writ petition on the merits of case. However, the legal contentions raised in the writ petition regarding the issuance of the prospectus without prior approval of the Admission Supervisory Committee, the sustainability of allocation/distribution of seats among various categories, reservation of seats for various groups and sub-classification of management quota seats may kindly be left open. The Admission Supervisory Committee may be directed that hereinafter the provisions in the prospectus regarding allocation/distribution of seats among various categories, reservation of seats for various groups and sub-classification of management quota seats should be scrutinized before granting any approval for the prospectus. The respondents 5 to 8 maybe directed to furnish list of candidates admitted under management quota to the Committee within one week from today." W.P.(C) No.15719 of 2013-L & W.P.(C) No.18828 of 2013-C3MEMO filed in W.P.(C) No.18828 of 2013: "The above writ petition has been filed praying inter alia to declare that the issuance of Ext.P5 prospectus for admission to M.B.B.S course in Dr.Somervell Memorial C.S.I. Medical College, Karakonam without the prior approval of the 4th respondent Admission Supervisory Committee is illegal and all steps pursuant thereto are also illegal. There is a further prayer to declare that sub-classification of management quota seats is arbitrary, illegal and unconstitutional. It is submitted that since the last date for M.B.B.S admission is over, no further orders are necessary in the above writ petition on the merits of case. However, the legal contentions raised in the writ petition regarding the issuance of the prospectus without prior approval of the Admission Supervisory Committee, the sustainability of allocation/distribution of seats among W.P.(C) No.15719 of 2013-L & W.P.(C) No.18828 of 2013-C4various categories, reservation of seats for various groups and sub-classification of management quota seats may kindly be left open. The Admission Supervisory Committee maybe directed that hereinafter the provisions in the prospectus regarding allocation/distribution of seats among various categories, reservation of seats for various groups and sub-classification of management quota seats should be scrutinized before granting any approval for the prospectus. The respondents 5 to 8 may be directed to furnish list of candidates admitted under management quota to the Committee within one week from today." 2. In view of the memos filed, no further orders appears to be necessary. We make it clear that we have not pronounced on any legal contentions raised which are adverted to in the memo. We record the submission of the learned counsel for the Management that all the lists which have been published from time to time by the college have been produced W.P.(C) No.15719 of 2013-L & W.P.(C) No.18828 of 2013-C5before the Committee and that the college will abide by any directions issued by the committee asking them to produce any other lists and close the writ petitions. (K.M.JOSEPH) JUDGE. ( A.HARIPRASAD) JUDGE. MS