Disposed

Dr.Devang Chandrakant Tank v. State of Kerala and Others

Kerala HC19 Oct 2011WP(C)/16265/2011

Case brief

AI extract

What is this about?

The High Court made an interim direction for participation in PG medical super specialty counselling absolute, ordering authorities to ignore a specific clause in the prospectus and admit petitioners based on merits.

What did the court decide?

Direction to the second respondent to permit petitioners to participate in counselling for admission to Medical Post Graduate super specialty courses, ignoring clause V of the Prospectus.

Dr.Devang Chandrakant Tank Vs State of Kerala and… — Education and Admissions | Kerala HC (2011)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE ANTONY DOMINIC

¶4

WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933

¶5

WP(C).No. 16265 of 2011(G)

¶6

------------------------------------------

¶7

PETITIONER(S):

¶8

-------------------------

¶9

DR.DEVANG CHANDRAKANT TANK, HARI KRISHNA, 4A, GANDHIGRAM, RAIYA ROAD, RAJKOT, GUJARAT.

¶10

BY ADVS. SRI.M.SHAJU PURUSHOTHAMAN, SRI.K.S.RAJESH.

¶11

RESPONDENT(S):

¶12

---------------------------

¶13

1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, THIRUVANANTHAPURAM - 695 001.

¶14

2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM - 695 001.

¶15

3. THE COMMISSIONER FOR ENTRANCE EXAMINATION, 5TH FLOOR, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM - 695 001.

¶16

4. MEDICAL COUNCIL OF INDIA (MCI), REP. BY ITS SECRETARY, POCKET - 14, SECTOR 8, DWARAKA PHASE 1, NEW DELHI - 110 075.

¶17

R1 TO R3 BY GOVERNMENT PLEADER SMT.SANJEETHA R4 BY ADV. SRI.ALEXANDER THOMAS, SC, MCI

¶18

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/10/2011 ALONG WITH WPC NO. 17458 OF 2011 AND WPC NO. 19609 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶19

Kss

¶20

WPC.NO.16265/2011 G

¶21

APPENDIX

¶22

PETITIONER'S EXHIBITS:

¶23

P1: COPY OF THE APPLICATION FOR ADMISSION TO PG SUPER SPECIALITY COURSE, 2011 DTD. 9/06/2011.

¶24

P2: COPY OF THE NOTIFICATION FOR PG SUPER SPECIALITY COURSE, 2011 DTD. 30/05/2011.

¶25

P3: COPY OF THE PROSPECTUS FOR PG SUPERSPECIALITY COURSE, 2011 DTD. 27/05/2011.

¶26

P4: COPY OF RELEVANT EXTRACT OF THE RULES FOR ADMISSION TO DM AND MCh MEDICAL COURSES OF GUJARAT UNIVERSITY DTD. 16/03/2010.

¶27

P5: COPY OF THE RELEVANT EXTRACTS OF THE SALIENT FEATURES OF PG MEDICAL EDUCATION REGULATIONS, 2000 FRAMED BY THE MEDICAL COUNCIL OF INDIA DTD. 16/02/2010.

¶28

P6: COPY OF THE RANK LIST OF GASTROENTEROLOGY PUBLISHED IN THE WEB SITE DTD. NIL.

¶29

P7: COPY OF THE NOTIFICATION PUBLISHED IN THE WEB SITE DTD. 30/06/2011.

¶30

RESPONDENT'S EXHIBITS:

¶31

R4(A): COPY OF THE POST GRADUATE MEDICAL REGULATION AS AMENDED VIDE GAZETTE OF INDIA NOTIFICATION DTD. 17/11/2009.

¶32

R4(B): COPY OF THE MCI's LETTER DTD. 11/03/2010.

¶33

R4(C): COPY OF THE MCI's NOTIFICATION DTD. 16/04/2010.

¶34

R4(D): COPY OF LETTER DTD. 15/04/2010.

¶35

R4(E): COPY OF THE MCI's LETTER DTD. 16/04/2010.

/TRUE COPY/

P.S.TO JUDGE

Kss

ANTONY DOMINIC, J.

¶40

W.P.(C) Nos. 16265, 17458 & 19609 OF 2011

¶41

Dated this the 19^th day of October, 2011

¶42

J U D G M E N T

¶43

The claim of the petitioners was for admission to Post Graduate Super Speciality Course and an interim order was passed by this court, on the strength of which petitioners have got admissions. In view of that, making the interim order absolute, these writ petitions are closed.

¶44

ANTONY DOMINIC, JUDGE

¶45

ul/-

¶46

ANTONY DOMINIC, J.

¶47

W.P.(C) Nos. 16265, 17458 & 19609 OF 2011

¶48

Dated this the 22^nd day of July, 2011

¶49

O R D E R

¶50

Having regard to the prima facie case made out by the petitioners and in the light of the principles laid down by this court in Saurabh Jain v. State of Kerala (2011 (2) KLT 646) there will be a direction to the 2^nd respondent to permit the first petitioner in W.P.C.17458/11 and the petitioners in W.P.C.16265/11 and 19609/11 to periodically participate in the counselling for admission to the Medical Post Graduate super specialty courses, which shall be conducted based on merits and ignoring clause V of the Prospectus.

¶51

Post after two weeks.

¶52

ANTONY DOMINIC, JUDGE

¶53

ul/-

Dr.Devang Chandrakant Tank v. State of Kerala and Others

Case brief

What is this about?

What did the court decide?

Dr.Devang Chandrakant Tank v. State of Kerala and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ratheesh Kumar.K.R. Vs the District Collector, Ernakulam

Moideenkutty Hajee Vs Director General, Archaeological Survey

V.v.Joseph and Another Vs State of Kerala & Ors.

St.Mary'S Jacobite Syrian Church Vs the District Collector, Collectorate

Reshma T.B. and Others Vs the Principal and Chief Superintendent&

Alex L.Abraham Vs Mahatma Gandhi University