Petitioners challenged an admission notice restricting ESIC medical/dental college quotas to insured persons as on 31.10.2018. Counsel withdrew prayers as the second petitioner had secured admission elsewhere. Writ petition dismissed.
Writ petition dismissed as the second petitioner had secured admission in another college; legal contentions left open.
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.
WPC No.17756 of 2019 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE S.V.BHATTI
WEDNESDAY, THE 06TH DAY OF NOVEMBER 2019 / 15TH KARTHIKA, 1941
WP(C).No.17756 OF 2019(T)
PETITIONERS:
BY ADVS.
SRI.N.DHARMADAN (SR.) SMT.V.R.LAKSHMI SMT.D.P.RENU
RESPONDENTS:
OTHER PRESENT:
ASGI P. VIJAYAKUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC No.17756 of 2019 2
JUDGMENT
Dated this the 6th day of November 2019
The petitioners challenge Ext.P2 admission notice for admission
of wards of insured persons (IPs) in UG Course (MBBS/BDS) in ESIC Medical/Dental and some Government Medical Colleges under insured
persons (IPs) quota for Academic Session 2019-2020. The petitioners, aggrieved by the restriction of insured persons by a note appended to paragraph-8 of admission procedure, have filed the instant Writ
Petition. For immediate reference, paragraph-8 is excerpted hereunder:
“8. Insured person for availing the benefit of MBBS/BDS seats for his/her wards shall be 'as defined under Section (2) sub section (14) of the ESI Act, 1948', as on 31st October 2018. Definition under Section (2), Sub section (14) of the ESI Act, 1948 is reproduced as under:
“Insured person” means a person who is or was an employee inr espect of whom contributions are or were payable under this Act and who is by reason thereof, entitled to any of the benefits provided under this Act.”
Note :The critical date for eligibility under 'IP Quota' would be 31/10/2018, i.e. only a person who is 'Insured Person' as per the Act, as on 31/10/2018 would be eligible for availing benefit under the 'Insured Persons' Quota for his/her child/children.
eligibility is restricted to an employee who is eligible as on 31.10.2018
is contrary to the definition in the Act. This Court through interim
order dated 11.7.2019 directed consideration of 2nd petitioner's
WPC No.17756 of 2019 3
application subject to further orders in this behalf under the quota meant for insured person.
the consideration though has been taken up, the 2nd petitioner could not come within the probable zone of consideration for admission into one or the other courses notified through Ext.P2 admission notice.
However, the legal contentions raised on the restricted meaning given to the eligible person are left open for consideration in a properly instituted writ petition. Writ petition is dismissed with the above observations. No order as to costs.
Sd/-
S.V.BHATTI
JUDGE
CSS/
WPC No.17756 of 2019 4
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF CERTIFICATE DT. 24-06-2019 ISSUED BY THE 4TH RESPONDENT TO 1ST PETITIONER
EXHIBIT P2 TRUE COPY OF ORDER DATED 13-5-2019 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P3 TRUE COPY OF SCORE CARD DT.. NIL ISSUED TO 2ND PETITIONER. EXHIBIT P4 TRUE COPY OF APPLICATION DT. 28-5-2019 FILED BY THE 2ND PETITIONER.
EXHIBIT P5 TRUE COPY OF THE LETTER DATED 6.07.2019 ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER.
RESPONDENT'S EXHIBITS:
EXHIBIT R1(A) TRUE COPY OF THE E PEHACHAAN CARD OF THE PETITIONER.
EXHIBIT R1 C TRUE COPY OF THE ALLOTMENT DETAILS OF THE LAST PERSON ALLOTTED UNDER THE OBC CATEGORY IN THE ESIC IP QUOTA, PUBLISHED IN WEBSITE OF THE DIRECTOR GENERAL OF HEALTH SERVICES
EXHIBIT R1(B) TRUE COPY OF THE CONTRIBUTION DETAILS OF THE PETITIONER.
2 issues framed by the court
Whether the restriction of insured persons eligibility for admission quota to those who were insured as on 31st October 2018 is contrary to the definition in the Act.
Whether the petitioners are eligible for admission under the insured persons quota given they were not insured as on the critical date.
1 provisions across 1 enactments
SABEELA BEEVI
BINSHA R
DIRECTOR GENERAL, EMPLOYEES STATE INSURANCE CORPORATION, HEADQUARTERS, PANCHDEEP BHAVAN, CIG ROAD, NEW DELHI
THE REGIONAL DIRECTOR, ESI CORPORATION, REGIONAL OFFICE, ASRAMAM, KOLLAM
THE MANAGER, ESI LOCAL OFFICE, KUNDARA, KOLLAM
ALEPK ENTERPRISES
S.V.BHATTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
