Dismissed

The Medical Mission of the South Kerala v. State of Kerala

Kerala HC14 Aug 2019WP(C)/16888/2019

Case brief

AI extract

What is this about?

A Division Bench dismissed two writ petitions seeking community-specific preference in medical college admissions, holding that the issue was conclusively settled by a prior Division Bench judgment which was upheld in a subsequent review.

What did the court decide?

The writ petitions were dismissed following the judgment in W.P(C) No.22168 of 2018 and connected cases with no costs awarded.

The Medical Mission of the South Kerala Vs State of… — Education and Admissions | 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 MR.JUSTICE K.VINOD CHANDRAN

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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WEDNESDAY, THE 14TH DAY OF AUGUST 2019 / 23RD SRAVANA, 1941

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WP(C).No.16225 OF 2019(C)

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PETITIONER/S:

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ABHINAV MOHAN.B.M., AGED 18 YEARS, S/O. MOHANAN, SONG DIVINE, KAVINPURAM, KATTACHALKUZHI P.O, THIRUVANANTHAPURAM-695 501

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BY ADVS. SRI.R.T.PRADEEP SMT.M.BINDUDAS SRI.K.C.HARISH

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695 001

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2 SECRETARY,

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HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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3 ADMISSION AND FEE REGULATORY COMMITTEE FOR MEDICAL EDUCATION IN KERALA, REPRESENTED BY ITS CHAIRMAN, TC 15/1553-4, PRASANTH BUILDINGS, M.P. APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014

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4 THE COMMISSIONER OF ENTRANCE EXAMINTATIONS, HOUSING BOARD BUILDINGS, THIRUVANANTHAPURAM-695 001

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5 RT. REV. A DHARMARAJ RASALAM, BISHOP/CHAIRMAN, DR. SM CSI MEDICAL COLLEGE, SOUTH KERALA DIOCESE, CHURCH OF SOUTH INDIA, LMS COMPOUND, PALAYAM, THIRUVANANTHAPURAM-695 033.

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WP(C) Nos.16225 of 2019 & 16888 of 2019

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6 THE MEDICAL MISSION OF SOUTH KERALA DIOCESE OF CHURCH OF SOUTH INDIA (SIUC), REPRESENTED BY ITS SECRETARY, LMS COMPOUND, PALAYAM, THIRUVANANTHAPURAM-695 033.

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7 DR. SOMERWELL MEMORIAL CSI MEDICAL COLLEGE, REPRESENTED BY ITS PRINCIPAL, KARAKONAM P.O, THIRUVANANTHAPURAM-695 504

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R3 BY STANDING COUNSEL SMT.MARY BENJAMIN

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OTHER PRESENT:

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SR. GP. SRI. S. MANU FOR R1, R2 & R4.

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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:

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WP(C) Nos.16225 of 2019 & 16888 of 2019

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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 K.VINOD CHANDRAN

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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WEDNESDAY, THE 14TH DAY OF AUGUST 2019 / 23RD SRAVANA, 1941

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WP(C).No.16888 OF 2019(I)

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PETITIONER/S:

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THE MEDICAL MISSION OF THE SOUTH KERALA DIOCESE OF THE CHURCH OF SOUTH INDIA (SIUC), REPRESENTED BY ITS SECRETARY, LMS COMPOUND, PALAYAM, THIRUVANANTHAPURAM.

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BY ADV. SRI.P.C.SASIDHARAN

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 THE KERALA UNIVERSITY OF HEALTH SCIENCES, REPRESENTED BY ITS REGISTRAR, THRISSUR-680001.

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3 THE COMMISSIONER OF ENTRANCE EXAMINATION, HOUSING BOARD BUILDING, SANTHINAGAR, THIRUVANANTHAPURAM-695001.

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4 THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM-695001.

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5 THE ADMISSION AND FEE REGULATORY COMMITTEE FOR MEDICAL EDUCATION IN KERALA, REPRESENTED BY ITS CHAIRMAN, PRASANTHI BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014.

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BY ADVS.

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R1, R3 & R4 BY SR.G.P. SRI.S.MANU R2 BY STANDING COUNSEL SRI.P.SREEKUMAR R5 BY STANDING COUNSEL SMT.MARY BENJAMIN

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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:

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WP(C) Nos.16225 of 2019 & 16888 of 2019

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K. Vinod Chandran & V.G.Arun, JJ. ---------------------------------------------W.P(C).Nos.16225 of 2019-C & 16888 of 2019-I ---------------------------------------------Dated, this the 14^th day of August, 2019

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JUDGMENT

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Vinod Chandran, J.

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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 1^st 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.

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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

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WP(C) Nos.16225 of 2019 & 16888 of 2019

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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

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were not parties to the earlier writ petitions and they had filed the review petitions with leave. We do not think that

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the question can be again entertained by this Court at the instance of the student or of the same institution.

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The writ petitions would stand dismissed following the judgment in W.P(C) No.22168 of 2018 and connected

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cases. No costs.

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Sd/K.VINOD CHANDRAN JUDGE

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Sd/V.G.ARUN JUDGE

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vku/-

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WP(C) Nos.16225 of 2019 & 16888 of 2019

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APPENDIX OF WP(C) 16225/2019

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PETITIONER'S/S EXHIBITS:

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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.

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WP(C) Nos.16225 of 2019 & 16888 of 2019

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APPENDIX OF WP(C) 16888/2019

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE. EXHIBIT P2 TRUE COPY OF THE ORDER DATED 21.6.2006.

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EXHIBIT P3 TRUE COPY OF THE GOVERNMENT ORDER FOR THE ACADEMIC YEAR 2018-2019.

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EXHIBIT P4 TRUE COPY OF THE GOVERNMENT ORDER G.O(MS)NO.10/2019/H&FWD DATED 20.1.2019.

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EXHIBIT P5 TRUE COPY OF THE APPLICATION TO THE 5TH RESPONDENT.

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EXHIBIT P6 TRUE COPY OF THE LETTER DATED 10.6.2019 ISSUED BY THE 5TH RESPONDENT.

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EXHIBIT P7

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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.

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[TRUE COPY]

The Medical Mission of the South Kerala v. State of Kerala

Case brief

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The Medical Mission of the South Kerala v. State of Kerala

Case brief

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