Dismissed

State of Kerala v. Dr.Anu Varghese

Kerala HC22 Nov 2019WA/878/2012

Case brief

AI extract

What is this about?

The Kerala High Court disposed of a writ appeal filed against an interim order directing respondents to supply question booklets and answer keys for the 2012 Post Graduate Medical Entrance Examination. The court held that nothing remained for adjudication as the respondent had completed her post-graduation by the time of the hearing.

What did the court decide?

The writ appeal was disposed of leaving the questions open to be considered in an appropriate case.

State of Kerala Vs Dr.Anu Varghese — Public Procurement and Tenders | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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FRIDAY, THE 22ND DAY OF NOVEMBER 2019/1ST AGRAHAYANA, 1941

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WA.No.878 OF 2012

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AGAINST THE JUDGMENT IN WPC 9232/2012 OF HIGH COURT OF KERALA DATED 11.4.2012

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APPELLANT/RESPONDENTS:

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

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2 THE DIRECTOR OF MEDICAL EDUCATION THIRUVANANTHAPURAM - 695 001.

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3 COMMISSIONER FOR ENTRANCE EXAMINATION THIRUVANANTHAPURAM - 695 001.

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4 THE PUBLIC INFORMATION OFFICER OFFICE OF THE COMMISSIONER OF ENTRANCE EXAMINATIONS,THIRUVANANTHAPURAM - 695 001.

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BY SR.GOVERNMENT PLEADER SRI.ARAVIND KUMAR BABU

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RESPONDENT/PETITIONER:

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DR.ANU VARGHESE W/O.GEORGE PHILIP, ASSISTANT SURGEON, PRIMARY HEALTH CENTRE, PIZHALA - 682 027, ERNAKULAM.

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THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 22.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.A.878/2012

JUDGMENT

Dated this the 22nd day of November 2019

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S. Manikumar, CJ

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Writ appeal is filed against the order made in W.P(C) No.9232 of 2012 dated 11.4.2012, by which writ court directed the respondents therein to supply question booklet, answer scripts and answer key to the petitioner, in respect of entrance examination.

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Record of proceedings shows that on 23.5.2012, a Honourable Division Bench of this Court has passed the following order:

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“Admit. Notice.

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Another Division Bench has already admitted writ appeal of identical nature and passed Annexure-II interim order. We are also of the view that the same treatment can be adopted in this writ appeal and interim stay can be granted imposing similar conditions. Thus, we grant stay of operation of the judgment of the learned Single Judge and we direct the appellate authority to issue question booklet and answer key, if some of the writ petitioners had sought

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W.A.878/2012

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for, depending upon such application.”

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Material on record discloses that the above particulars were

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sought for in respect of Post Graduate Medical Entrance Examination of 2012. By efflux of time, the student/respondent would have completed her Post Graduation Course.

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In such circumstances, nothing survives in this matter for adjudication. Writ appeal is disposed of leaving the questions open to be considered, in appropriate case.

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Sd/-

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S. Manikumar, Chief Justice

Sd/-

A.M. Shaffique,

Judge

sou.

W.A.878/2012

APPENDIX

PETITIONER'S EXHIBITS:

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Annexure I : True copy of the OMR answer sheet Annexure II : Interim order dated 13.4.2012 in

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W.A.No.791/2012

State of Kerala v. Dr.Anu Varghese

Case brief

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State of Kerala v. Dr.Anu Varghese

Case brief

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