Writ petitions challenging a Government order that modified nursing entrance examination rank list criteria were disposed of after the Government cancelled that order and reinstated the original prospectus provisions.
No orders on merits; petitions closed with direction to Commissioner to act as per Government Order dated 16.11.2009.
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 MR. JUSTICE P.N.RAVINDRAN
WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931
WP(C).No. 28163 of 2009(M)
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PETITIONER(S):
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ANEESH S. ANAND, AGED 23 YEARS, S/O. SIVANANDAN , USAHS HOUSE, PAZHAYATTINKUZHI, THATTAMAL P.O., KOLLAM -20.
BY ADV. MR.V.JAYAPRADEEP
RESPONDENT(S):
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1. THE COMMISSIONER FOR ENTRANCE EXMINATIONS, 5TH FLOOR, HOUSING BOARD BUILDING, SANTHINAGAR, THIRUVANANTHAPURAM -01.
2. THE DIRECTOR OF MEDICAL EDUCATION, GOVT. LF KERAL, DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM -11.
3. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, TO THE DEPARTMENT OF HEALTH & FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM.
4. INDIAN NURSING COUNCIL REPRESENTED BY ITS SECRETARY,COMBAINED COUNCILS BUILDING, KOTLA ROAD, TEMPLE LANE NEW DELHI-02.
5. THE CHIEF SECRETARY TO THE GOVT,. OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM.
ADDL. R6 TO R9 ARE IMPLEADED.
6. ANIE KURIAN, MANALEL HOUSE, PERUVA P.O., KOTTAYAM DISTRICT.
W.P.(C) 28163/2009
7. SUMITH SUNNY, KOTTARAMKUNNEL, OTTALLOOR P.O., IDUKKI DISTRICT.
8. SHANI P.S., PUTHANAGHIKAM, MUNDAKKAL EAST, KOLLAM.
9. DHANYA V.V., ''ASWATHI'', AROLI P.O., PAPPINISERI, KANNUR DISTRICT.
ADDL. R6 TO R9 ARE IMPLEADED AS PER ORDER DTD. 22.10.09 IN IA. 12754/09.
R10 TO R12 ARE IMPLEADED
10. SHEEBA C.V. W/O. MR.SAJEEVAN.S., LECTURER, SCHOOL M.E.RIMSR, PUTHUPALLY, KOTTAYAM.
11. ANOOP K., S/O. K.S.SANKARANARAYANAN, KUNNATH HOUSE, EDAKKULAM P.O., THRISSUR.
12. JOSEPH JENNINGS S/O. MICHAEL M.J., METTEKKATTU HOUSE, KUMARARANASAN ROAD, ELAMKULAM COCHIN17.
ADDL. R10 TO R12 ARE IMPLEADED AS PER ORDER DT. 26.10.09 IN IA. 13289/09.
R1 TO R3 & R5 BY GOVT. PLEADER MR.P.NARAYANAN
R4 BY ADV. MR.NOUSHAD THOTTATHIL,SC,INDIAN NURSIN R6- R9 BY MR.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE R6- R9 BY ADV.MR.TONY GEORGE KANNANTHANAM R10-12 BY MR.BABU CHERUKARA,
MR.ANZAR BASHEER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/11/2009, ALONG WITH WPC. NO.29141 OF 2009 AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) NO.28163/2009
APPENDIX
PETITIONER'S EXHIBITS
P1:- COPY OF THE NOTIFICATION DTD. 28.5.09.
P2:- COPY OF THE RELEVANT PORTION OF THE PROSPECTUS.
P3:- COPY OF THE ADMIT CARD OF THE PETITIONER.
P4:- COPY OF THE RESULT AND RANKED LIST DTD. 10.8.09.
P5:- COPY OF THE GO(RT) NO.2776/09/H&FWD DTD. 25.9.09.
P6:- COPY OF THE NEW RANKED LIST DTD. 3.10.09.
P7:- COPY OF THE NEWS PAPER REPORT DTD. 6.10.09 OF KERALA KAUMUDI.
P8:- COPY OF THE LETTER DTD. 6.7.09 FROM THE SIT RESPONDENT .
RESPONDENT'S EXHIBITS
R10(a):- COPY OF THE COMPUTER PRINT OUT OF THE IST RANK LIST DTD. 10.8.09 OF M.SC. NURSING 2009.
R10(b):- COPY OF THE COMPUTER PRINT OUT OF THE REVISED RANK LIST DTD. 3.10.09 DO. DO.
R10(c):- COPY OF THE RELEVANT PAGE NO.13 OF THE PROSPECTUS OF THE ENTRANCE EXAMINATIONS OF M.SC. NURSING 2009-10 CONTAINING CLAUSE NOS. 15.6 AND 15.7.
TRUE COPY
P.S. TO JUDGE
tss
P.N. RAVINDRAN, J.
- - - - - - - - - - - - - - - - - - - - - - W.P.(C) Nos.28163, 29110, 29141, 29348 & 29746 of 2009
- - - - - - - - - - - - - - - - - - - - - - - - Dated 18th November, 2009.
These writ petitions are filed aggrieved by the rearrangement of the rank list prepared for admission to the M.Sc. Degree course in Nursing. In the prospectus as approved by the Government, in paragraph 7.4 it was stipulated that all candidates under general merit shall have to secure 50% marks in the entrance examination conducted by the Commissioner for Entrance Examinations, Kerala. As regards scheduled caste/scheduled tribe candidates the stipulation was that they shall have to secure 40% in the entrance examination. After the rank list was prepared, the Government issued G.O. (Rt.) No.2776/H&FWD dated 25.9.2009 modifying the terms of paragraph 7.4 of the prospectus. The stipulation regarding cut off marks was dispensed with. These writ petitions were thereupon filed challenging the said Government order and the alteration of the rank based on the Government order dated 25.9.2009.
W.P.(C)Nos.28163/2009 & connection
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P.N. RAVINDRAN Judge
vaa
1 issue framed by the court
Whether the writ petitions should be closed after the Government cancelled the order modifying the rank list and restored the original prospectus terms.
Aneesh S. Anand
The Commissioner for Entrance Examinations
The Director of Medical Education
The State of Kerala
Indian Nursing Council
Anie Kurian
P.N. Ravindran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
