The court dismissed two writ petitions regarding medical college admissions, holding that the legal issues were conclusively answered in a prior Division Bench judgment which had been upholds in review, making reconsideration barred.
The writ petitions were dismissed without costs.
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
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 14TH DAY OF AUGUST 2019 / 23RD SRAVANA, 1941
WP(C).No.16225 OF 2019(C)
PETITIONER/S:
ABHINAV MOHAN.B.M., AGED 18 YEARS, S/O. MOHANAN, SONG DIVINE, KAVINPURAM, KATTACHALKUZHI P.O, THIRUVANANTHAPURAM-695 501
BY ADVS. SRI.R.T.PRADEEP SMT.M.BINDUDAS SRI.K.C.HARISH
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695 001
HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
WP(C) Nos.16225 of 2019 & 16888 of 2019
R3 BY STANDING COUNSEL SMT.MARY BENJAMIN
OTHER PRESENT:
SR. GP. SRI. S. MANU FOR R1, R2 & R4.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14.08.2019, ALONG WITH WP(C).16888/2019(I), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.16225 of 2019 & 16888 of 2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 14TH DAY OF AUGUST 2019 / 23RD SRAVANA, 1941
WP(C).No.16888 OF 2019(I)
PETITIONER/S:
THE MEDICAL MISSION OF THE SOUTH KERALA DIOCESE OF THE CHURCH OF SOUTH INDIA (SIUC), REPRESENTED BY ITS SECRETARY, LMS COMPOUND, PALAYAM, THIRUVANANTHAPURAM.
BY ADV. SRI.P.C.SASIDHARAN
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.
BY ADVS.
R1, R3 & R4 BY SR.G.P. SRI.S.MANU R2 BY STANDING COUNSEL SRI.P.SREEKUMAR R5 BY STANDING COUNSEL SMT.MARY BENJAMIN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14.08.2019, ALONG WITH WP(C).16225/2019(C), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.16225 of 2019 & 16888 of 2019
K. Vinod Chandran & V.G.Arun, JJ. ---------------------------------------------W.P(C).Nos.16225 of 2019-C & 16888 of 2019-I ---------------------------------------------Dated, this the 14th day of August, 2019
JUDGMENT
Vinod Chandran, J.
The question agitated in these cases is covered by a Division Bench judgment of this Court in W.P.(C) No.22168 of 2018 and connected cases, dated 31.10.2018. The very same petitioner in W.P.(C) No.16888 of 2019 was before this Court with a review [R.P.No.510 of 2019 in W.P(C) No.23707 of 2018]. The petitioner in W.P(C) No.16225 of 2019 is a student of the community who aspires for admission to the 1st Year MBBS Course in the college conducted by the petitioner in W.P.(C) No.16888 of 2019. The student asserts that the particular community, being SIUC Nadar, which has established the college, has to be given a preference insofar as admissions are concerned.
2. We are afraid, the same cannot be considered at this stage, since the issue has been answered in W.P(C) No.22168 of 2018 and connected cases. In review, in a batch of review petitions against the said judgment of a Division Bench, another Division Bench has rejected the review
WP(C) Nos.16225 of 2019 & 16888 of 2019
petitions with a detailed order dated 25.07.2019, wherein at the instance of the learned Senior Counsel there was a re-hearing conducted only because the petitioners therein
were not parties to the earlier writ petitions and they had filed the review petitions with leave. We do not think that
the question can be again entertained by this Court at the instance of the student or of the same institution.
The writ petitions would stand dismissed following the judgment in W.P(C) No.22168 of 2018 and connected
cases. No costs.
Sd/K.VINOD CHANDRAN JUDGE
Sd/V.G.ARUN JUDGE
vku/-
WP(C) Nos.16225 of 2019 & 16888 of 2019
APPENDIX OF WP(C) 16225/2019
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE HALL TICKET OF NEET EXAMINATION HELD ON 5.5.2019. EXHIBIT P2 TRUE COPY OF THE NON CREAMY LAYER CERTIFICATE OF PETITIONER DATED 12.2.2019. EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 31.10.2018 IN W.P.(C) NO. 22168/2018 AND OTHER CONNECTED CASES. EXHIBIT P4 TRUE COPY OF THE G.O(MS) NO. 10/2019/H & FWD DATED 20.01.2019. EXHIBIT P5 TRUE COPY OF THE SEAT MATRIX FORWARDED BY THE COLLEGE BY RECKONING 150 SEATS TO 2ND RESPONDENT WHICH IS NIL DATED. EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 4.6.2019 BEFORE THE 2ND RESPONDENT. EXHIBIT P7 TRUE COPY OF THE ORDER DATED 10.6.2019 BY 3RD RESPONDENT.
WP(C) Nos.16225 of 2019 & 16888 of 2019
APPENDIX OF WP(C) 16888/2019
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE. EXHIBIT P2 TRUE COPY OF THE ORDER DATED 21.6.2006.
EXHIBIT P3 TRUE COPY OF THE GOVERNMENT ORDER FOR THE ACADEMIC YEAR 2018-2019.
EXHIBIT P4 TRUE COPY OF THE GOVERNMENT ORDER G.O(MS)NO.10/2019/H&FWD DATED 20.1.2019.
EXHIBIT P5 TRUE COPY OF THE APPLICATION TO THE 5TH RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE LETTER DATED 10.6.2019 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P7
A STATEMENT SHOWING THE RANK POSITION OF STATE MERIT AND MINORITY SEATS (NADAR SIUC SKD AND DALIT SKD) CANDIDATES ADMITTED FOR THE LAST 11 YEARS IN THE DR.S.M.C.S.I MEDICAL COLLEGE, KARAKONAM.
[TRUE COPY]
1 issue framed by the court
Whether the question regarding preference for SIUC Nadar community in admissions can be reconsidered after the Division Bench judgment in W.P.(C) No.22168 of 2018 and connected cases.
Colour shows how this judgement treated each authority
W.P.(C) No.22168 of 2018Followed¶52
W.P.(C) No.22168 of 2018 and connected cases
R.P.No.510 of 2019Referred¶52
R.P.No.510 of 2019 in W.P(C) No.23707 of 2018
Abhinav Mohan.B.M.
State of Kerala
Admission and Fee Regulatory Committee for Medical Education in Kerala
The Medical Mission of South Kerala Diocese of Church of South India (SIUC)
Kerala University of Health Sciences
K.Vinod Chandran
V.G.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
