Allowed

Dr.Munshid N.T. v. State of Kerala

Kerala HC12 Jul 2018WP(C)/16079/2011

Case brief

AI extract

What is this about?

This writ petition seeking 3% reservation for PWDs in MD (Homoeopathy) seats was disposed of summarily. The Single Judge held that since the petitioner had already been admitted and completed the course based on an interim order, the legal issues are academic, and confirmed the interim order.

What did the court decide?

Confirmed the interim order of 01.08.2011; petitioner entitled to all benefits thereof as if it is a final order.

Dr.Munshid N.T. Vs State of Kerala — Education and Admissions | Kerala HC (2018)

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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 DEVAN RAMACHANDRAN

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THURSDAY, THE 12TH DAY OF JULY 2018 / 21ST ASHADHA, 1940

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WP(C).No. 16079 of 2011

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PETITIONER:

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DR.MUNSHID.N.T., AGED 26 YEARS, S/O.ABDU RAHIMAN.N.T., HOMOEOPATHIC PHYSICIAN, RESIDING AT KARUTHEDATH HOUSE, CHENNAMANGALLUR.P.O, MUKKAM VIA, KOZHIKODE DISTRICT. PIN-673 602.

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BY ADVS.SRI.P.T.DINESH

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SRI.C.N.SAMEER

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RESPONDENT(S):

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1. STATE OF KERALA,

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REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1.

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2. THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1.

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3. THE DIRECTOR OF HOMOEOPATHY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-1.

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4. THE SELECTION COMMITTEE, REPRESENTED BY ITS CHAIRMAN AND CONVENOR (PRINCIPAL & CONTROLLING, OFFICER, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, THIRUVANANTHAPURAM-9)

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5. THE COMMISSIONER OF ENTRANCE EXAMINATIONS, SANTHI NAGAR, HOUSING BOARD BUILDINGS, THIRUVANANTHAPURAM-1.

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6. THE CENTRAL COUNCIL OF HOMOEOPATHY, NEW DELHI, REPRESENTED BY ITS SECRETARY, CENTRAL COUNCIL OF HOMOEOPATHY, ANUSADHAN BHAVAN, 61-65, INSTITUTIONAL AREA, OPP-D BLOCK,, JANAK PURI, NEW DELHI. PIN-110 058.

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R1 TO R5 BY GOVERNMENT PLEADER SMT. K.M.RESHMI R6 BY SRI. N. NAGARESH, ASGI ADV. SRI.P.K.RAMKUMAR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PBS

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WP(C).No. 16079 of 2011

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APPENDIX

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PETITIONER'S EXHIBITS

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EXHIBIT P1	TRUE COPY OF THE MEDICAL BOARD CERTIFICATE OF PHYSICALLY HANDICAPPED DATED 9.4.02 ISSUED BY THE CHAIRMAN OF MEDICAL BOARD WHO IS THE SUPERINTENDENT OF MEDICAL COLLEGE HOSPITAL.
EXHIBIT P2	TRUE COPY OF REPRESENTATION DATED 13.9.2010 SUBMITTED TO THE 4TH RESPONDENT.
EXHIBIT P2(A)	TRUE COPY OF THE REPRESENTATION DATED 13.9.2010 SUBMITTED TO THE 5TH RESPONDENT.
EXHIBIT P3	TRUE COPY OF THE G.O.(MS) NO. 104/2007/H.EDN. DATED 24/7/2007.
EXHIBIT P4	TRUE COPY OF THE PROSPECTUS FOR ADMISSION TO POST GRADUATE DEGREE COURSES IN HOMEOPATHY (M.D. (HOMEO) ) FOR THE YEAR 2011-2012.
EXHIBIT P5	TRUE COPY OF THE RELEVANT PART OF THE PROSPECTUS FOR ADMISSION TO MEDICAL POST-GRADUATE DEGREE/DIPLOMA COURSES-2011.
EXHIBIT P6	TRUE COPY OF THE RELEVANT PART OF THE PROSPECTUS FOR POST GRADUATE COURSE IN AYURVEDA VACHASPATHI M.D. (AY) 2010-11.
EXHIBIT P7	TRUE OCPY OF THE RELEVANT PART OF THE PROSPECTUS FOR M.SC. NURSING DEGREE COURSE FOR 2010-11.
EXHIBIT P8	TRUE COPY OF THE RELEVANT PART OF THE PROSPECTUS FOR ADMISSION TO M.C.A. COURSE, KERALA FOR THE YEAR 2010-2011.
EXHIBIT P9	TRUE COPY OF THE RELEVANT PART OF THE PROSPECTUS FOR ADMISSION TO L.L.M. COURSE 2010-2011.
EXHIBIT P10	TRUE COPY OF THE INTERIM ORDER DATED 29.1.2008 IN W.P.(C) NO. 34591/07.
EXHIBIT P10(A)	TRUE COPY OF THE INTERIM ORDER DATED 16.5.2008 IN I.A. NO. 5966/08 IN W.P.(C) NO. 34591/2007.
EXHIBIT P11	TRUE COPY OF THE INTERIM ORDER DATED 13.2.2009 IN I.A. NO. 1925/2009 IN W.P.(C) NO. 36835/2008.
EXHIBIT P11(A)	TRUE COPY OF THE INTERIM ORDER DATED 30.6.2009 IN W.P.(C) NO. 36835/2008.
EXHIBIT P12	TRUE COPY OF THE LETTER NO. 3698/C3/10/GHMCT DATED 28.10.2010 BY THE PRINCIPAL AND CONTROLLING OFFICER.

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RESPONDENT'S EXHIBIT NIL

/TRUE COPY/

PS TO JUDGE

PBS 19/7/2018

Devan Ramachandran, J.

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W.P.(C)No.16079 of 2011 H

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Dated this the 12^th day of July, 2018

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JUDGMENT

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The petitioner has filed this writ petition seeking directions to competent authorities to reserve a minimum of 3% seats of the total seats available to MD Homeopathy to persons with disabilities in the various colleges under the Director of Homeopathy, Government of Kerala, Thiruvananthapuram.

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Even though several assertions have been made in this writ petition in support of the prayers, I am of the view that it will not be necessary for me to consider them in detail because, as the learned counsel submits, the petitioner was admitted to one of the seats under such quota and that he has completed the course. Hence any consideration of the legal issues would be at the best only academic and I do not think that it is

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WPC 16079/11

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necessary for this Court to go into details or deliver judgment merely for such reason.

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In the result, I order this writ petition confirming

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the interim order passed by this Court on 01.08.2011, on the basis of which the petitioner was admitted to the course. Consequently, the petitioner would be entitled to all benefits flowing from the said interim order as if it is a final order.

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Sd/Devan Ramachandran, Judge

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tkv

Dr.Munshid N.T. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Dr.Munshid N.T. v. State of Kerala

Case brief

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What did the court decide?

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