The Principal Vs. The Admission Supervisory Committee and Fee Regulatory Committ

Decided On : Apr-10-2015

Court : Kerala

LAW: section 2(o, section 2(o, section 2(o, Act 19 of 2006, section 4(6, section 4(6, section 4(6, Section 4 of Act 19 of 2006, Act 19 of 2006, the Code of Civil Procedure, Section 11, Section 11, Section 11, Section 11, Section 11.23, section 4(6, Section 11, section 4, section 4(1, section 4(1, Section 4(2, Section 5(3, the Act 19 of 2006, section 4, Section 4(1, Section 9, Section 13, Regulation 31, Constitution, Constitution, Section 4(6, Section 4(2, Section 5(3, Section 5(3, Section 196, the Indian Penal Code, Section 5, Act 19 of, section 2(o, section 14, section 2(o, Section 2(o, Section 2(o, section 2(o, section 10, section 2(o, section 14, section 2(o, section 4(6, Article 15 of the Constitution of India, Article 15(4, the Constitution (First Amendment) Act, Article 15, Article 29, Article 15(4, Constitution, Article 15(4, Article 30(1, Article 16(4, Article 15(4, Constitution, Article 15 of the Constitution, Article 162 of the Constitution

ORG: HONOURABLE, ANTONY DOMINIC &, PRINCIPAL, KARUNA MEDICAL COLLEGE, ADV, THE ADMISSION SUPERVISORY COMMITTEE & FEE REGULATORY COMMITTEE FOR PROFESSIONAL COLLEGES, KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O., THRISSUR, ADV, SC, KERALA UTY.HEALTH & R1, ADV, BENJAMIN, SC, ADMISSIONS, THE CERTIFICATE DATED39.2014, THE HONOURABLE SUPREME COURT, THE HONOURABLE SUPREME COURT, THE HONOURABLE SUPREME COURT, PS, ANTONY DOMINIC &, JJ.----------------------------------- W.P(C).Nos.17328,, JUDGMENT Antony Dominic, the Principal of Karuna Medical College, P10, P9, the Admission Supervisory Committee, the 'Committee', the Kerala University of Health Sciences, Karuna Medical College, Committee, WPC.17328/14 & con, Committee, the Kerala Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-exploitative Fee and Other Measures to Ensure Equity and Excellence in Professional Education, Committee, KUHS, P10, Committee, KUHS, Self Financing Professional Colleges of Medical/Dental/Nursing, Para Medical Streams, Committee, KUHS, Committee, KUHS, the Self Financing Professional Colleges, Committee, WPC.17328/14 & con, Court, P10, Committee, Committee, Committee, Committee, NRI, Committee, G.O, Committee, NRI, WPC.17328/14 & con, Committee, Ext, Karuna Medical College, Trust, P3 Government Orders, G.O, G.O, G.O, Ext, M/s.Karuna Medical College, Exts, P10, Ext, P14, Committee, WPC.17328/14 & con, Committee, Committee, Committee, Committee, W.P(c).1919/15, the Confederation of Self Financing Health Science College Management Association, M/s.Devaki Amma Memorial College of Pharmacy, Committee, WPC.17328/14 & con, Committee, KUHS, Private Nursing College Management Association of Kerala and, Association of the Managements of Self Financing Nursing Colleges, the Committee on, Nursing, the Association of the Management of Self Financing Nursing Colleges of Kerala, the Nursing Colleges, B.Sc Nursing, KMCT Dental College, Ext, Committee, Committee, Committee, BDS, M.E.S. Dental College, Perinthalmanna, P.K.Das Institute of Medical Sciences, Ottappalam, MBBS, M.E.S. Medical College, WPC.17328/14 & con, the Committee on the ground, the Government of Kerala, Azeezia College of Dental Sciences & Research, Committee, the Self Financing Colleges, Committee, Committee, Committee, NRI, Government, P3, Committee, KUHS, WPC.17328/14 & con, the Admission Supervisory Committee, Committee, Committee, WPC.17328/14 & con, Committee, Act, Committee, Court, Court, Committee, The Admission Supervisory Committee, WPC.17328/14 & con, the Admission Supervisory Committee, Government, The Admission Supervisory Committee, University, Court, Lisie Medical & Educational Institutions v. State of, WPC.17328/14 & con, State, The Admission Supervisory Committee, the Supreme Court, Government, Higher Education Department, Government, Health and Family Welfare Department, Government, Law Department, Scheduled Tribe Community, Committee, the Admission Supervisory Committee, WPC.17328/14 & con, The Admission Supervisory Committee, Rupees Ten Lakhs, Committee, University, Committee, University, State, State, WPC.17328/14 & con, State, State, Court, Kerala Private Medical College Management Association v. Admission Supervisory Committee For Professional Colleges, the Admission Supervisory Committee, the Consortium of WPC.17328/14 & con, Committee, State, Admission Supervisory Committee, the Admission Supervisory Committee, the Admission Supervisory Committee, the Admission Supervisory Committee, S.4(7, the Admission Supervisory Committee, WPC.17328/14 & con, the Admission Supervisory Committee, The Admission Supervisory Committee, University, S.4(7, the Admission Supervisory Committee, the Admission Supervisory Committee, the Admission Supervisory Committee, the Consortium of Managements, the Admission Supervisory Committee, the Admission Supervisory Committee, the Admission Supervisory Committee, Committee, WPC.17328/14 & con, Division Bench, Court, Committee, Committee, Statute, Committee, Committee, the Division Bench, Kerala Private Medical college management Association, Committee, WPC.17328/14 & con, Committee, Legislature, Committee, Committee, Committee, WPC.17328/14 & con, Legislature, Committee, State, Committee, Committee, Committee, Committee, WPC.17328/14 & con, Committee, the Division Bench, Court, Kerala Private Medical College Management Association, Committee, Committee, the Admission Supervisory Committee, Division Bench, Court, Kerala Private Medical Colleges Management Association's, WPC.17328/14 & con, an Admission Supervisory Committee, The Admission Supervisory Committee, the Supreme Court, Committee, The Admission Supervisory Committee, the Admission Supervisory Committee, Pai Foundation, the Admission Supervisory Committee, the Medical Council of India, the Supreme Court, Mridul Dhar & Anr, v. Union of India & Ors, Chhattisgarh & Ors, WPC.17328/14 & con, The Admission Supervisory Committee, the Admission Supervisory Committee, Committee, the Admission Supervisory Committee, the Government, University, Court, the Admission Supervisory Committee, Rupees Ten Lakhs, the Admission Supervisory Committee, Government, Committee, WPC.17328/14 & con, The Admission Supervisory Committee, the Admission Supervisory Committee, University, University, the Admission Supervisory Committee, University, Committee, University, the Admission Supervisory Committee, the Government or University, the Admission Supervisory Committee, WPC.17328/14 & con, the Admission Supervisory Committee, the Admission Supervisory Committee, the Admission Supervisory Committee, The Admission Supervisory Committee, The Admission Supervisory Committee, the WPC.17328/14 & con, Admission Supervisory Committee, the Admission Supervisory Committee, the Admission Supervisory Committee, Government, Committee, the Admission Supervisory Committee, Committee, the WPC.17328/14 & con, Admission Supervisory Committee, the Admission Supervisory Committee, Admission Supervisory Committee, the Admission Supervisory Committee, Committee, Committee, Committee, Committee, Committee, Committee, Committee, Committee, WPC.17328/14 & con, University, Committee, University, University, the Supreme Court, Committee, Committee, University, WPC.17328/14 & con, University, Committee, Committee, Committee, Committee, the Committee, Committee, the Apex Court, The Punjab University, Committee, Admission Supervisory Committee, Admission Supervisory Committee, the Supreme Court, Higher Member Education Department, Government, Health, Member Family Welfare Department, Law Member Department, Scheduled Tribe Community, WPC.17328/14 & con, Committee, the Supreme Court, the High Court, Committee, State Government, the Admission Supervisory Committee, the Admission Supervisory Committee, Committee, Committee, WPC.17328/14 & con, Committee, Tribe, Legislature, Committee, Committee, Committee, Committee, Committee, Committee, the Admission Supervisory Committee, Committee, Committee, Committee, Committee, Committee, Committee, WPC.17328/14 & con, Committee, Committee, Committee, Committee, Committee, Committee, Committees, Committee, WPC.17328/14 & con, KUHS, Committee, Committee, Committee, Committee, Committee, Committee, WPC.17328/14 & con, Committee, ASC, FRC, ASC, Committee of, Committee, Government, H&FWD Department, Tavistock Iron Works Co Lyster's Case, Shackleton, Practice of Meetings 11th Edition, WPC.17328/14 & con, Shackleton, Committee, Committee, Committee, Court, Ext, Committee, Committee, WPC.17328/14 & con, Committee, Committee, Committee, Court, the Apex Court, the Apex Court, The Punjab University, University, Committee, the standing Committee on the, WPC.17328/14 & con, the Apex Court, Committee, Syndicate, the Standing Committee, the Standing Committee, Syndicate, the Standing Committee, the Committee under Regulation 31, Committee, Syndicate, Syndicate, Court, Committee, WPC.17328/14 & con, Committees, Committee of the Bar Council, Bar Council, Sec, the Bar Council, Committee, Council, the Disciplinary Committee, Committee, Committee, Committee, The Punjab University Chandigarh, the Supreme Court, the Standing Committee, the Punjab University Calendar and, Judicial, the Supreme Court, Committees, Committees, Bench, WPC.17328/14 & con, The Supreme Court, Committees, Committee, Committee, the Supreme Court, the The Punjab University Chandigarh, Committee, Committee, Court, Committee, Judicial Tribunal, Committee, Judicial Tribunal, the Supreme Court, Harinagar Sugar Mills Ltd., the Central Government, Apex Court, Tribunal, Civil Courts, State, the Central Government, Courts of Civil Judicature, State, Arts, Lists, Courts of Civil Judicature, Arts, State, State, State, Courts of Civil Judicature, Stamp, WPC.17328/14 & con, Shell Co., Court, Court, the Apex Court, S.D.Joshi, the Apex Court, WPC.17328/14 & con, Committee, the Admission Supervisory Committee, Committee, Committee, WPC.17328/14 & con, Committee, Legislature, Committee, Committee, Committee, Committee, Committee, Committee, WPC.17328/14 & con, Committee, Committee, the Admission Supervisory Committee, Court, W.P.(C).No, the Admission Supervisory Committee, Court, W.P.(C).No, Committee, W.P.(C).No, WPC.17328/14 & con, the Supreme Court, The Apex Court, SLP, W.P.(C).No, Apex Court, Pai Foundation, Committee, the Apex Court, T.M.A. Pai Foundation, Committee, WPC.17328/14 & con, Committee, Committee, the Apex Court, T.M.A. Pai Foundation, Court, Lisie Medical & Educational Institutions, Ext, Committee, WPC.17328/14 & con, Committee, Committee, P3 Government Orders, P3, Government, the Apex Court, Union of India, Elphinstone Spinning And Weaving Co. Ltd., Apex Court, Parliament, the Parliament House, Parliament, WPC.17328/14 & con, Court, the Supreme Court, Non-Resident Indians, Non-Resident Indians, Non-Resident Indian, Blacks Law Dictionary, 7th Edn, WPC.17328/14 & con, Court, the Government of Kerala, Government, the Government of Kerala, Ext, Education, Graduate and Post Graduate Medical, Dental, WPC.17328/14 & con, Adopted Mother, WPC.17328/14 & con, Dental, Father/ Mother/ Brothers, Wife/ Brothers, Adopted Mother, P3, the Apex Court, T.M.A. Pai Foundation, Islamic Academy of Education, the Apex Court, Non-Resident Indian WPC.17328/14 & con, Non-Resident Indians, NRI, Court, NRI, WPC.17328/14 & con, NRI, State, Committees, Islamic Academy, the Apex Court, Non-Resident Indians, WPC.17328/14 & con, Non-Resident Indians, the Apex Court, Non-Resident Indian, Non-Resident Indian, Non-Resident Indian, Non-Resident Indians, WPC.17328/14 & con, the Apex Court, Non-Resident Indians, Non-Resident Indians, the Apex Court, P3 Government Orders, Committee, Government, Government, Kerala Private Medical College Management Association v. Admission Supervisory Committee For Professional Colleges, Ext, Court, P3, Father/ Mother/ Brothers, Wife/ Brothers, Adopted Mother, WPC.17328/14 & con, Court, the Non-Resident Indians, the Non- Resident Indians, Self- Financing, the Non-Resident Indians, the Non-Resident Indians, the Government Orders, WPC.17328/14 & con, Government, P3, Apex Court, Joint Action Committee of Air Line Pilots' Association of India, SCC210, Ext, the Committee for rejecting, GO, the NRI Quota, WPC.17328/14 & con, Committee, Non-Resident Indian, P3 Government Orders, the Federation of Self Financing Health Science College Management Association, M/s.Devaki Amma Memorial College of Pharmacy, Committee, KUHS, the Self-Financing Professional Colleges, Committee, Committee, the Association of Management of Self Financing Nursing Colleges of Kerala, Ext, Ext, KUHS, the Self Financing Professional Colleges, Committee, Committee, WPC.17328/14 & con, Committee, Committee, KUHS, Ext, Committee, Committee, the WPC.17328/14 & con, Committee, State, WPC.17328/14 & con, State, State, Commission, Government, WPC.17328/14 & con, Communities, State, Commission, Commission, WPC.17328/14 & con, G.O., State, Court, the Apex Court, Union of India, Court, WPC.17328/14 & con, Court, Government, the Kerala State Commission, the Apex Court, Commission, WPC.17328/14 & con, KSCBC, Creamy Layer, WPC.17328/14 & con, Certificate, Taluk Magistrate/, Magistrate, Creamy Layer Certificate, the State Government, WPC.17328/14 & con, Commission, Government, Court, WPC.17328/14 & con, the Apex Court, the Apex Court, the Government of India, the Union Government, the State Governments, WPC.17328/14 & con, Court, the Apex Court, the State Government, the State Government, WPC.17328/14 & con, the Medical Council of India Act, the Dental Council of India Act, the Apex Court, Christian Medical College, Vellore v. Union of India, KUHS, State, the Apex Court, the State Government, Christian Medical College Vellore, WPC.17328/14 & con, Committee, Ext, Committee, Committee, Committee, Committee, Fouziya Muhammed, Committee, Committee, 20.9.2014, Committee, 20.9.2014, Committee, the Admission Register of the Dental College, the Admission Register, Committee, Register, 30.9.2014, Committee, the Dental College, Committee, WPC.17328/14 & con, Committee, Register, Committee

PERSON: ALEXANDER THOMAS, EXAMINATION OF1, Palakkad, Exts, Exts, Nadeem Mohammed, Sajith Sahim, Sri, Nadeem Mohammed, Exts, P2, No.34/2013, Mohammed, Malappuram, Exts, P2, P2, P2, Principal, Kozhikode, Jesna M. and, Nasla P.K., Jesna M., Jesna M. and, Nasla P.K., Principal, suo motu, Exts, P2, Government Pleader, suo motu, suo motu, Kerala Lok Ayukta, Kerala Lok, suo motu action.15, Chairperson, Rupees Ten Lakhs, suo motu, Paragraphs 20, Priya Gupta v. State of, S.5, S.5, S.5, Chandigarh v. Vijay WPC.17328/14 & con, Singh Lamba, Ram Bharosey Agarwal, Har Swarup Maheshwari, Chairperson, K.M.Abrham, Rajeev Sadanandan, Ramaraja Premaprasad, Law, Chandigarh, Quorum, Sen, Sharma, Sen, Shyam Sundar Jhunjhunwala, A. C. 275, Rex, P2, Exts, P2, Pleader, GO(MS, Sisters, Sisters, Sisters, Exts, P2, P2, Sisters, Sisters, Exts, P2, Kumar Srivastava, Sri, Nadeem Mohammed, Nadeem Mohammed, Sajith Sahim, Nadeem Mohammed, Sajith Sahim, Exts, P2, Sri, Nadeem Mohammed, Exts, P2, P2, Neither Ext, P2, Exts, Kumara Pillai, Kumar Thakur v., Kumar Thakur, Backward Classes, Creamy Layer, Schedule, Indra Sawhney v. Union, Kumar Thakur, Kumar Thakur, Kumara Pillai, Government Order, Indra Sawhney, Kumar Thakur, Gouri Mohan, Naziya N. and

DATE: FRIDAY, 1937, 17328, 2014, 17328, 2014, AUGUST - 2014, 2010,2011, 2012 & 2013, 2014, 1346, 1919,, 2941, 3043, 3090, 5166, 5221, 5359, this the 10th day of April, 2015, the academic year 2013-14, 2006, the year 2013-14, one week, 5.2.2013, 1.1.2015, 15.1.2015.7, 7 10th, 2006, 2007, 2013, 18.We, 22 19.However, 21, 2005, 2005, 2012, 2006, 22.Section 11, 1976, 1976, 28.Section 4(1, 4, 19.2.2007, 10.02.2007, 19.02.2007, 1867, 40 34.Therefore, 42, July 21, 1974, recent years, 1931, 1924, 11, 2006, 2015, 2015, 2015, 2002, 2005, 50, 54, 56, 44, 68, 91, 92, 93, 2001, 55 44.However, 18.12.2012, the year 2006, 2013, 2011, 2013, 2006, 66 57, P2, annual, 1951, four thousand and two hundred, 20, the academic year 2014-15, 7.8.2013, 2008, the academic year 2014-15, 1.1.2015, Annual, three consecutive years, 75 7, 7 days, the academic year 2015-16, the academic year 2015-16, 1992, 78 66, annual, the academic year 2014-15, the academic year 2014-15, the academic year 2015-16, 2014, 8, 2014-15

GPE: VILAYODI, THE1, THE1, THE1, H&FWD, H&FWD, W.P(C, Kerala, Kerala, W.P(C, Perinthalmanna, Ext, Kollam, Ramachandran, Kerala, India, Kerala, S.5, Kerala, illegal.30, Art, Sankey, Australia, Bombay, Karnataka, W.P(C, H&FWD, Jharkhand, Ext, Kerala, Art.15(4, Art.15(4, Ashoka, Ashoka, Kerala, Kerala, Tahsildar, Ashoka, Ashoka, Ashoka, DD

CARDINAL: 1, 015, 680 596, 2ND, P9, 2.7.2014, 2, 3 3.When, P9, 24.9.2014, 6.8.2014, 4, 24.9.2014, 14.10.2014, 22.5.2013, 6.8.2014, P9, 17328/14, 5, 11.10.2014, 17.11.2014, 6, 6.1.2015, 48, 8.W.P(C).5166/15, two, 5359/15, 9.W.P(C).Nos.3043/15, 3090/15, 8331/15, two, 8331/15, 8, 10.The, 9, 12.All, 10, two, 11, 4, 4(6, 4(7, 4(6, 12, ten, 1, 13"8, 30(1, 6, 14, 6, 15, 6, 3, 16, two, 17, 18, 6, 17.Though, 4(6, 4(7, two, 20, 21, 23, 23"0, 1, 2, 7, 24, 25, 8), 8), one, 26, 8), 8), 8), 23, 27, 8), 8), 8), 28, 29, 30, 24.The, 31, illegal.25, 26.In, 32, 6, 33, 3, 3, 4, 1, 34, 5, 35, 31.Along, 5.3.2015, 2941/15, two, at least two, one, two, 36, two, at least two, one, two, 4.7.2013, 37, 2, at least 2, one, 2, 38, one, 2, 39, one, 2, 3, three, 54, 2, 5(3, 35.In, 6.1.2015, two, 6, 2, 41, two, 16.1.2015, three, only two, 7, 7, one, 3, three, only two, 43, 37.Ram, 9, 9, one, three, only two, 13, three, 44, two, 4(2, 5(3, three, three, only two, 45, two, 39.In, 46, 47, 136, 227, 228, 233 to 237, 136, 227, 48, 296, two, 171, 40.The, 49, 4(7, 4(8, 5(2, 50, 19.2.2007, 4.7.2013, 228, 51, 3, 122, only two, six, 6.1.2015, 122, 52, 6.1.2015, 122, 8, 6, 40, 59, 105, 53, 4(6, 4(7, 43.The, 54, 4, 9, 19748/12, 56, 5.2.2013, 3, 57, Half, 47.Subsequently, 22.5.2013, 3, Half, Half, 48.The, 6.8.2014, 6, 58, Half, Half, 49.The, 59, 131, 60, two, 51, two, 61, 52.The, 62 53.If, 131, 54.Section, 63, 2, 52, 3, Half, Half, 64 55.As, 65, 5, 12, 56.However, 1, 6.8.2014, 6.8.2014, 58.W.P(C).1919/15, 67, 48, 68, 59.Another, 69, 60.At, more than Rs.6, 70, 2, 2.5.1966, 71, 14, 29, 72, Six thousand, 62.The, 11578/13, 6, 73, 63.In, 3, 74, Rs.6, 3(ii, 10.The, 76, 64.Annexure, 77, one, 3, 8.9.1993, 11578/13, 2.5.1966, 79, 67.Placing, 1.1.2015, 11578/13, 80 68.One, 2, 81, 9218/15, 5166/15, 5359/15, 70.Yet, 7, 20.9.2014, 19.9.2014, 82, 5, 4, 19.9.2014, 4, 83 71.In

ORDINAL: first, first, 12th, first, first, first, second, second, second, first, Thirdly, third, Secondly, Secondly, first, 1st, 3rd, first, 1st, first, first, First, Secondly, first, first, first, 1st, first, first, first, Secondly, 4th

LOC: Exts, the Scheduled Castes, Castes, Institutions, Single Judge

NORP: Indians, Rules, Committees, decide.4, Indian, Indian, Indian, Indian, Appendix, Rs.4,200, Extra

FAC: the Lok Ayukta, Sections 193

WORK_OF_ART: Scheduled Caste or, Scheduled Caste, II Quorum of the Committee, 32.Again, the Committee, L.R. 4, Graduate and Post Graduate Medical, No.208/66/Edn

TIME: 19 explained, 14 of the Act, 5 p.m., 5 p.m., 5 p.m., 5 p.m.

PRODUCT: Chairperson, SCC344, The Full Bench of, 30.3.2015, 30.3.2015

MONEY: 50.The Act, fifteen per cent

PERCENT: 15%, 15%, 50%, 40%