Petitioner challenged rules regarding MBBS seat selection and weightage for Malayalees in Lakshadweep. Court held merits unnecessary as admissions were completed and joined Engineering College. Petition dismissed.
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
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933
PETITIONER(S):
---------------
AKSHARAMOL P.S., D/O.C.K.SURENDRAN, CHENARUKANDIYIL HOUSE, IRIVALLUR P.O. CHELANNUR (VIA), CALICUT - 673 717.
BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN SMT.NITA.N.S.
RESPONDENT(S): ---------------
1. THE DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM. 2. THE ADMINISTRATOR, UNION TERRITORY OF LAKSHADWEEP, KAVARATTI.
3. T.SRUTHI, D/O CHANDRAN MASTER, DIRECTORATE OF EDUCATION, KAVARATHY, UNION TERRITORY OF LAKSHADWEEP.
4. NIKHIL K S/O SIVADASAN, POLICE STATION UNION TERRITORY OF LAKSHADWEEP KAVARATHY 682555.
ADV. SRI.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMN FOR R2 SRI.M.A.SHAFIK FOR R4
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC NO.19363/10
APPENDIX
PETITIONER'S EXHIBITS
EXT.P1: TRUE COPY OF NOTIFICATION PUBLISHED BY THE ADMININISTRATION OF UNION TERRITORY OF LAKSHADWEEP ON 28.1.2009.
EXT.P2: TRUE COPY OF THE RULES AND REGULATIONS FOR THE SEATS ALLOTTED TO MB.B.S STUDENTS FROM UNION TERRITORY OF LAKSHADWEEP
EXT.P3: TRUE COPY OF RANK LIST PUBLISHED BY THE COCHIN UNIVERSITY FOR THE ENTRANCE EXAMINATION CONDUCTED BY THEM.
EXT.P4: TRUE COPY OF RULE 1979 OF LAKSHADWEEP ADMINISTRATION.
EXTS. OF R1
EXT.R1(a): TRUE COPY OF THE CIRCULAR DT 31.5.2010 IS PRODCED HEREWITH AND MARKED AS.
EXT.R1(b): TRUE COPY OF THE APPLICATION FILED BY THE FATHER OF THE PETITIONER DT 22.6.2010.
EXTS. OF R4
EXT.R4(a): TRUE COPY OF THE ANNEUXRE III(2) OF NOTIFICATION PUBLISHED BY KERALA GOVERNMENT DURING 2010.
EXT.R4(b): TRUE COPY OF THE NOTIFICATION NO.4/9/2009-EDN (AW) DDT 31.5.2010 ISSUED BY THE UT OF LAKSHADWEEP ADMINISTRATION.
EXT.R4(C): TRUE COPY OF THE ORDER NO.4/02/2009-EDN (AW) DT 19.7.10 ISSUED BY THE DIRECTOR OF EDUCATION, LAKSHADWEEP.
EXT.R4(d); TRUE COPY OF THE MARKLIST OF 12TH STANDARD ISSUED BY THE CBSC.
EXT.R4(e): TRUE COPY OF THE OM NO.12(3)/2008-EII(B) DT 29.8.2008 ISSUED BY THE GOVERNMENT OF INDIA.
//TRUE COPY//
P.A. TO JUDGE
Rp
ANTONY DOMINIC, J. ================ W.P.(C) NO. 19363 OF 2010
=====================
Dated this the 7th day of December, 2011
J U D G M E N T
Petitioner approached this Court on the commencement of the academic year 2010-11 mainly complaining about Ext.P4. Ext.P4 is an order issued by the Administrator of Lakshadweep framing the rules for selection of candidates for MBBS course against the seats reserved by the Kerala Government for the wards of malayalees living in Lakshadweep other than local inhabitants. This order provides for weightage of marks for the malayalee students having undergone schooling or study in the islands at the scale as indicated therein. Petitioner says that this order is in conflict with Ext.P2 issued by the Government of India, which is the rules for selection of candidates for MBBS seats allocated by the Government of India to Union Territory of Lakshadweep.
WPC No.19363/10
:2 :
petitioner has also joined Engineering College under the sponsorship of the Lakshadweep Administration. Therefore, at this distance of time, it is unnecessary for this Court to enter into the merits of this case.
Writ petition is dismissed.
ANTONY DOMINIC, JUDGE
Rp
AKSHARAMOL P.S.
THE DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM
THE ADMINISTRATOR, UNION TERRITORY OF LAKSHADWEEP, KAVARATTI
T.SRUTHI
NIKHIL K
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
