The High Court allowed the Writ Appeal against a Single Judge's order, holding that no appeal lies against an order by a Screening Committee. The matter was remitted to restore the original petition for merits-based decision via a writ petition.
Writ Appeal allowed; Single Judge order set aside; matter remitted to restore Original Petition for decision on merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:-
THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 4TH JULY 2007 / 13TH ASHADHA 1929
W.A.No.25 of 2003 ------------------------------------AGAINST THE JUDGEMENT IN O.P.NO.27373/2000 DATED 01/04/2002
APPELLANT : PETITIONER IN O.P.:-
ANAND DANIEL, S/O. P. RAJAN, 'NIKUNJAM', MARAKKAR KANDY, KANNUR, REPRESENTED BY HIS FATHER P. RAJAN, S/O. PETER, ANAND BHAVAN, T.C.2/757 (1), MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. BY ADV. SRI.ELVIN PETER P.J. SRI.S.RAMESH SRI.P.N.SANTHOSH SRI.S.D.ASOKAN SRI.NAVEEN.T
RESPONDENTS : RESPONDENTS IN O.P.:-
BY SPECIAL GOVERNMENT PLEADER C.T.RAVIKUMAR.
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 04/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
H.L.Dattu,C.J. & K.T.Sankaran,J.
W.A.No.25 of 2003 & C.M.P.No.77 of 2003
Dated, this the 4th day of July 2007
JUDGMENT
H.L.Dattu,C.J.
The delay in filing the Writ Appeal is condoned.
Ordered accordingly.
H.L.Dattu Chief Justice
K.T.Sankaran Judge
vku/DK.
2 issues framed by the court
Whether an appeal lies against an order passed by a Screening Committee under the Higher Education Department.
Whether the Writ Appeal should be allowed given the nature of the order appealed against.
2 provisions across 1 enactments
Anand Daniel
State of Kerala
H.L.Dattu
K.T.Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
