Writ appeals and writ petition concerning MBBS admissions and reservation rules for Scheduled Castes/Tribes in Kerala were closed as the main petitioner accepted admission under SC quota and dismissed the writ petition as not pressed; merits left open.
Writ petition dismissed as not pressed; writ appeals closed with no further orders.
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 HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR &
THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON
FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932
WA.No. 1694 of 2010
-----------------------AGAINST THE ORDER IN IA 13181/2010 in WPC.23084/2010 Dated 27/09/2010
APPELLANTS/ADDL.RESPONDENT NO.8
T.V.ATHIRA, THAYYIL HOUSE,
ARAKULAM P.O., THODUPUZHA, IDUKKI DISTRICT.
BY ADV. SRI.KRB.KAIMAL, SENIOR ADVOCATE
SRI.B.UNNIKRISHNA KAIMAL
RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 16
WA NO.1694 OF 2010
R1 BY ADV. SRI.K.R.RADHAKRISHNAN NAIR
R2 TO R5, R7 & R8 BY SPECIAL GOVT. PLEADER SRI.P.SANTOSH KUMAR R6 BY STANDING COUNSEL SRI.ALEXANDER THOMAS
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08/10/2010, ALONG WITH WA NO.1725/2010, WA NO.1724/2010 & WP(C) NO.23084 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
J.Chelameswar, C.J. & P.R.Ramachandra Menon, J.
W.A. Nos.1694, 1724 & 1725 of 2010 & W.P.(C) No.23084 of 2010
Dated this the 8th day of October, 2010
JUDGMENT
Ramachandra Menon, J.
W.A.No.1694 of 2010 arises from an interim order dated 27th September, 2010 in I.A.No.13181 of 2010 in W.P.(C) No.23084 of 2010 preferred by the petitioner therein. W.A.No.1724 of 2010 arises from an interim order dated 4th October, 2010 in I.A.No.13559 of 2010 in the said writ petition. W.A.No.1725 of 2010 arises from an interim order dated 16th September, 2010 in I.A.No.12689 of 2010 in the same writ petition.
W.A.No.1694 of 2010, etc.
candidates concerned and as such, the seats were to be filled up in such other manner as prescribed, by considering the eligible Scheduled Caste candidates. Taking note of the scope and purpose of reservation, the State of Kerala proceeded with steps for conducting a 'Special Entrance Examination' as per Ext.P7 Government Order, which in turn was subjected to challenge by the petitioner in the writ petition who belongs to 'Scheduled Caste' community, raising a contention that the course pursued by the State of Kerala is not correct or proper; that there is no provision for any such 'Special Entrance Examination'; that if the Scheduled Tribes candidates are not available, then the said seats will go to the Scheduled Caste community and if such an exercise is pursued, the writ petitioner is sure to get admission to a seat for the MBBS course.
W.A.No.1694 of 2010, etc.
vacating the said interim order which was dismissed as per order dated 16.9.2010. In the course of the proceedings, the aggrieved parties belonging to the Scheduled Tribes community sought themselves to be impleaded in the writ petition and filed I.A.No.13181 of 2010 to vacate the interim order. Some other I.A.s were also filed by the petitioners raising additional grounds for the parties concerned. Under such circumstances the learned Single Judge thought it fit to consider the matter afresh and accordingly, the matter was heard in detail. After hearing, the impugned order was passed, holding that the course pursued by the State was beyond the stipulations made by the Medical Council of India and it was not sustainable, which in turn has been challenged by filing W.A.No.1725 of 2010 by the State and in the other two writ appeals filed by the aggrieved persons.
W.A.No.1694 of 2010, etc.
member of the 'Scheduled Caste' community and this being the position, the matter has become infructuous. Learned counsel appearing for the writ petitioner also submits that the writ petitioner no more intends to pursue the writ petition, in any manner. In the above circumstances, we called for the writ petition as well. The writ petition is dismissed as not pressed.
pressed, no further orders are called for in these writ appeals and these matters are closed accordingly. It is made clear that, we have not expressed any opinion with regard to the merits of the case involved or as to the sustainability of the course pursued by the concerned respondents, which are left open.
J.Chelameswar, Chief Justice
P.R.Ramachandra Menon,
Judge
vns
T.V.ATHIRA
AMITHA.T.A.
THE PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF KERALA
STATE OF KERALA
THE MEDICAL COUNCIL OF INDIA
SNEHA JOHNY
J.CHELAMESWAR
P.R.RAMACHANDRA MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
