Dismissed

Mohammed Riyas v. the Commissioner of Entrance Examinations

Kerala HC6 Jun 2012WP(C)/9204/2012

Case brief

AI extract

What is this about?

Petitioner challenged the legality of including spouse's income in his Income Certificate for medical PG admission eligibility. Court noted its prior order excluding spouse from family definition and dismissed the petition as petitioner lacked sufficient marks for SEBC quota.

What did the court decide?

No further orders issued; writ petition closed with remedies left open.

Mohammed Riyas Vs the Commissioner of Entrance… — Education and Admissions | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR

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WEDNESDAY, THE 6TH DAY OF JUNE 2012/16TH JYAISHTA 1934

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WP(C).No. 9204 of 2012 (A)

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PETITIONER(S):

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MOHAMMED RIYAS, AGED 35 YEARS AGED 35, S/O.LATE MOHAMMED KUNJI, KALELIL HOUSE PUTHENCHANDA P.O., CHAVARA, KOLLAM-691587.

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BY ADVS.SRI.BABU CHERUKARA SRI.P.A.SALIM

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT INSURANCE MEDICAL SERVICES, DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM-695001.

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2. THE COMMISSIONER OF ENTRANCE EXAMINATIONS 2012, OFFICE OF THE COMMISSIONER OF ENTRANCE EXAMINATIONS FOR POST GRADUATE DEGREE AND DIPLOMA COURSES 5TH FLOOR, UOPPER ZONE, HOUSING BOARD BUILDINGS SANTHI NAGAR, THIRUVANANTHAPURAM-695001.

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3. THE DIRECTOR OF MEDICAL EDUCATION, OFFICE OF THE DIRECTOR OF MEDICAL EDUCATION THIRUVANANTHAPRAM-695011.

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4. THE VILLAGE OFFICER, PANMANA VILLAGE OFFICE, PANMANA P.O. PUTHENCHANDA-691587.

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BY GOVERNMENT PLEADER SRI. ROSHAN D ALEXANDER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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DCS

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WP(C).No. 9204 of 2012 (A)

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APPENDIX

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PETITIONER(S) EXHIBITS :-

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EXT.P1	PHOTOSTAT COPY OF THE APPLICATION FORM BEARING NO. 1517987.
EXT.P1(A)	PHOTOSTAT COPY OF THE INCOME CERTIFICATE BEARING NO.214/12, DATED 9/1/2012.
EXT.P2	PHOTOSTAT COPY OF THE RELEVANT PAGES OF THE PROSPECTUS FOR ADMISSION TO MEDICAL POST-GRADUATE DEGREE/DIPLOMA COURSES 2012 ISSUED BY THE 2ND RESPONDENT.
EXT.P3	PHOTOSTAT COPY OF THE G.O.(MS) 192/85/RD, DATED 23/3/1985.
EXT.P4	PHOTOSTAT COPY OF THE RANK LIST PUBLISHED BY THE 2ND RESPONDENT.
EXT.P5	PHOTOSTAT COPY OF THE JUDGEMENT IN WPC.6149 OF 2008, DATED 10/4/2008.

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RESPONDENTS' EXHIBITS :- NIL

/TRUE COPY/

P.A. TO JUDGE

DCS

T.R. RAMACHANDRAN NAIR, J.

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--------------------------------------W.P.(C) No.9204 OF 2012

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Dated this the 6^th day of June, 2012.

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J U D G M E N T

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The petitioner has approached this Court mainly seeking admission to Medical Post Graduate Degree/Diploma Course 2012. The main question raised in the writ petition is one relating to the legality in adding the income of the spouse along with that of the petitioner and the parents, for the purpose of issuing Income Certificate.

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By order dated 30.05.2012, this Court held that going by the prescriptions of the Government Order dated 23.03.1985, in the definition of the word 'family', the spouse is not included. Therefore, the annual income of the spouse need not be reckoned while considering the eligibility of the petitioner for admission. It is submitted that the petitioner could not obtain admission as he was not having sufficient marks to be considered as a candidate from Socially and Educationally Backward Communities (SEBC) quota. In that view of the matter, no further orders are called for

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W.P.(C) No.9204/2012

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in the writ petition.

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Learned counsel for the petitioner then submitted that in future while issuing the Income Certificate, the Village Officer may be directed to strictly comply with the prescriptions of Ext.P3 guidelines. Evidently, in the coming years, it will depend upon the prescriptions which are in force at that point of time. Hence this Court at this stage need not issue such a direction as such, and leaving open the remedy of the petitioner, this writ petition is closed.

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T.R. RAMACHANDRAN NAIR JUDGE

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smp

Mohammed Riyas v. the Commissioner of Entrance Examinations

Case brief

What is this about?

What did the court decide?

Mohammed Riyas v. the Commissioner of Entrance Examinations

Case brief

What is this about?

What did the court decide?

What the court decided

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