Dismissed

Annie J. Winnie v. State of Kerala

Kerala HC1 Aug 2019WP(C)/9325/2019

Case brief

AI extract

What is this about?

A three-judge Division Bench in two writ petitions allowed students' claims for college continuance and equal treatment with NRI students. The Court rejected the petitions relying on binding findings of a previous Division Bench judgment (WP(C) No.28008 of 2018) regarding the same college and matter.

What did the court decide?

Petitions rejected as the Court is bound by the findings in the previous judgment WP(C) No.28008 of 2018.

Annie J. Winnie Vs State of Kerala — Constitutional and Fundamental Rights | 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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THURSDAY, THE 01ST DAY OF AUGUST 2019 / 10TH SRAVANA, 1941

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WP(C).No.9325 of 2019

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PETITIONERS:

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1 ANNIE J. WINNIE AGED 19 YEARS

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2ND YEAR BSMS STUDENT, SANTHIGIRI SIDDHA MEDICAL COLLEGE, SANTHIGIRI, THIRUVANANTHAPURAM-695 589

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2 ASWIN KUMAR V

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2ND YEAR BSMS STUDENT, SANTHIGIRI SIDDHA MEDICAL COLLEGE, SANTHIGIRI, THIRUVANANTHAPURAM-695 589

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3 DEENU RAJ R.M

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2ND YEAR BSMS STUDENT, SANTHIGIRI SIDDHA MEDICAL COLLEGE, SANTHIGIRI, THIRUVANATHAPURAM-695 589

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4 EZHIL ADITHYAN R.

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2ND YEAR BSMS STUDENT, SANTHIGIRI SIDDHA MEDICAL COLLEGE, SANTHIGIRI, THIRUVANANTHAPURAM-695 589

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5 G. DHARSINI

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2ND YEAR BSMS STUDENT, SANTHIGIRI SIDDHA MEDICAL COLLEGE, SANTHIGIRI, THIRUVANANTHAPURAM-695 589

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6 JAGADHEESH KUMAR S.

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2ND YEAR BSMS STUDENT, SANTHIGIRI SIDDHA MEDICAL COLLEGE, SANTHIGIRI, THIRUVANANTHAPURAM-695 589

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7 JAYAPATHI M

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2ND YEAR BSMS STUDENT, SANTHIGIRI SIDDHA MEDICAL COLLEGE, SANTHIGIRI, THIRUVANANTHAPURAM-695 589

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8 KAVYA S.

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2ND YEAR BSMS STUDENT, SANTHIGIRI SIDDHA MEDICAL COLLEGE, SANTHIGIRI, THIRUVANANTHAPURAM-695 589

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9 NADHINI SREE E.M.D.

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2ND YEAR BSMS STUDENT, SANTHIGIRI SIDDHA MEDICAL COLLEGE, SANTHIGIRI, THIRUVANANTHAPURAM-695 589

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W.P.(C) Nos.9325 & 9360 of 2019 2

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10 PUNITHA ESAKKI M.S.S., 2ND YEAR BSMS STUDENT, SANTHIGIRI SIDDHA MEDICAL COLLEGE, SANTHIGIRI, THIRUVANANTHAPURAM-695 589

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11 SAHEEL AHAMED H

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2ND YEAR BSMS STUDENT, SANTHIGIRI SIDDHA MEDICAL COLLEGE, SANTHIGIRI, THIRUVANANTHAPURAM-695 589

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12 SAJITHA M

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2ND YEAR BSMS STUDENT, SANTHIGIRI SIDDHA MEDICAL COLLEGE, SANTHIGIRI, THIRUVANANTHAPURAM-695 589

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13 SARAVANAN K

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2ND YEAR BSMS STUDENT, SANTHIGIRI SIDDHA MEDICAL COLLEGE, SANTHIGIRI, THIRUVANANTHAPURAM-695 589

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14 SATHYABAMA D

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2ND YEAR BSMS STUDENT, SANTHIGIRI SIDDHA MEDICAL COLLEGE, SANTHIGIRI, THIRUVANANTHAPURAM-695 589

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15 SHIVANI G

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2ND YEAR BSMS STUDENT, SANTHIGIRI SIDDHA MEDICAL COLLEGE, SANTHIGIRI, THIRUVANANTHAPURAM-695 589

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16 SHRINITHI C 2ND YEAR BSMS STUDENT, SANTHIGIRI SIDDHA MEDICAL COLLEGE, SANTHIGIRI, THIRUVANANTHAPURAM-695 589

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BY ADVS.

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SRI.GEORGE POONTHOTTAM (SR.) SMT.NISHA GEORGE

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RESPONDENTS:

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1 STATE OF KERALA

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REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

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2 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS OFFICE OF THE COMMISSIONER OF ENTRANCE EXAMINATIONS, 5TH FLOOR, HOUSING BOARD BUILDING, SHANTHI NAGAR, THIRUVANANTHAPURAM-695 001

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3 THE PRINCIPAL SANTHIGIRI SIDDHA MEDICAL COLLEGE, SANTHIGIRI, THIRUVANANTHAPURAM-695 589

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4 KERALA UNIVERSITY OF HEALTH SCIENCES, MULAMKUNNATHUKAVU, MEDICAL COLLEGE P.O, TRICHUR DISTRICT, REPRESENTED BY THE REGISTRAR.

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W.P.(C) Nos.9325 & 9360 of 2019 3

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5 ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL COLLEGES IN KERALA T.C. 15/1553-4, PRASANTHI BUILDINGS, M.P. APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014, REPRESENTED BY THE CHAIRMAN.

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BY ADVS. SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR PROF. COLLEGES SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED SCIENCE

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SR.GP SRI.A.J.VARGHESE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.08.2019, ALONG WITH WP(C).9360/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) Nos.9325 & 9360 of 2019 4

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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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THURSDAY, THE 01ST DAY OF AUGUST 2019 / 10TH SRAVANA, 1941

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WP(C).No.9360 of 2019

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PETITIONERS:

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1 ARUN N., AGED 21 YEARS

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3RD YEAR BSMS STUDENT, SANTHIGIRI SIDDHA MEDICAL COLLEGE,SANTHIGIRI, THIRUVANANTHPAURAM-695 589

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2 GOWRI ISHWARYA.P., AGED 1 YEARS

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3RD YEAR BSMS STUDENT, SANTHIGIRI SIDDHA MEDICAL COLLEGE,SANTHIGIRI, THIRUVANANTHPAURAM-695 589

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3 HARIHARASUDHAN.A.R., 3RD YEAR BSMS STUDENT, SANTHIGIRI SIDDHA MEDICAL COLLEGE,SANTHIGIRI, THIRUVANANTHPAURAM-695 589

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4 J.SAKTHIDHARAN, 3RD YEAR BSMS STUDENT, SANTHIGIRI SIDDHA MEDICAL COLLEGE,SANTHIGIRI, THIRUVANANTHPAURAM-695 589

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5 J.SHYAM SUNDAR, 3RD YEAR BSMS STUDENT, SANTHIGIRI SIDDHA MEDICAL COLLEGE,SANTHIGIRI, THIRUVANANTHPAURAM-695 589

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6 J.VETRI, 3RD YEAR BSMS STUDENT, SANTHIGIRI SIDDHA MEDICAL COLLEGE,SANTHIGIRI, THIRUVANANTHPAURAM-695 589

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7 JEYAPRIYA.R., 3RD YEAR BSMS STUDENT, SANTHIGIRI SIDDHA MEDICAL COLLEGE,SANTHIGIRI, THIRUVANANTHPAURAM-695 589

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W.P.(C) Nos.9325 & 9360 of 2019 5

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8 PRIYANKA ANAND, 3RD YEAR BSMS STUDENT, SANTHIGIRI SIDDHA MEDICAL COLLEGE,SANTHIGIRI, THIRUVANANTHPAURAM-695 589

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9 R.JAI SHREE, 3RD YEAR BSMS STUDENT, SANTHIGIRI SIDDHA MEDICAL COLLEGE,SANTHIGIRI, THIRUVANANTHPAURAM-695 589

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10 R.BAVADHARINI, 3RD YEAR BSMS STUDENT, SANTHIGIRI SIDDHA MEDICAL COLLEGE,SANTHIGIRI, THIRUVANANTHPAURAM-695 589

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11 RATHEESH.G.R., 3RD YEAR BSMS STUDENT, SANTHIGIRI SIDDHA MEDICAL COLLEGE,SANTHIGIRI, THIRUVANANTHPAURAM-695 589

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12 S.MUGHILESWARI, 3RD YEAR BSMS STUDENT, SANTHIGIRI SIDDHA MEDICAL COLLEGE,SANTHIGIRI, THIRUVANANTHPAURAM-695 589

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13 S.SWETHA, 3RD YEAR BSMS STUDENT, SANTHIGIRI SIDDHA MEDICAL COLLEGE,SANTHIGIRI, THIRUVANANTHPAURAM-695 589

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14 S.YUVASHREE, 3RD YEAR BSMS STUDENT, SANTHIGIRI SIDDHA MEDICAL COLLEGE,SANTHIGIRI, THIRUVANANTHPAURAM-695 589

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15 SIVALAKSHMI.B., 3RD YEAR BSMS STUDENT, SANTHIGIRI SIDDHA MEDICAL COLLEGE,SANTHIGIRI, THIRUVANANTHPAURAM-695 589

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16 SRILEKHA.P., 3RD YEAR BSMS STUDENT, SANTHIGIRI SIDDHA MEDICAL COLLEGE,SANTHIGIRI, THIRUVANANTHPAURAM-695 589

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17 T.UDAYAKUMAR, 3RD YEAR BSMS STUDENT, SANTHIGIRI SIDDHA MEDICAL COLLEGE,SANTHIGIRI, THIRUVANANTHPAURAM-695 589

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18 V.SUREGA, 3RD YEAR BSMS STUDENT, SANTHIGIRI SIDDHA MEDICAL COLLEGE,SANTHIGIRI, THIRUVANANTHPAURAM-695 589

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19 S.NIKHISHA SREE 3RD YEAR BSMS STUDENT, SANTHIGIRI SIDDHA MEDICAL COLLEGE,SANTHIGIRI, THIRUVANANTHPAURAM-695 589

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20 A.ABITHA BARKKAR 3RD YEAR BSMS STUDENT, SANTHIGIRI SIDDHA MEDICAL COLLEGE,SANTHIGIRI, THIRUVANANTHPAURAM-695 589

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W.P.(C) Nos.9325 & 9360 of 2019 6

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21 ANGEO FEARARO.V., 3RD YEAR BSMS STUDENT, SANTHIGIRI SIDDHA MEDICAL COLLEGE,SANTHIGIRI, THIRUVANANTHPAURAM-695 589

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22 ASWATHI.V.S., 3RD YEAR BSMS STUDENT, SANTHIGIRI SIDDHA MEDICAL COLLEGE,SANTHIGIRI, THIRUVANANTHPAURAM-695 589

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23 G.HAJIRA, 3RD YEAR BSMS STUDENT, SANTHIGIRI SIDDHA MEDICAL COLLEGE,SANTHIGIRI, THIRUVANANTHPAURAM-695 589

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24 G.SUMAYA, 3RD YEAR BSMS STUDENT, SANTHIGIRI SIDDHA MEDICAL COLLEGE,SANTHIGIRI, THIRUVANANTHPAURAM-695 589

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25 GOKUL.R., 3RD YEAR BSMS STUDENT, SANTHIGIRI SIDDHA MEDICAL COLLEGE,SANTHIGIRI, THIRUVANANTHPAURAM-695 589

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BY ADVS. SRI.GEORGE POONTHOTTAM (SR.) SMT.NISHA GEORGE

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RESPONDENTS:

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

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2 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, OFFICE OF THE COMMISSIONER OF ENTRANCE EXAMINATIONS, 5TH FLOOR, HOUSING BOARD BUILDING, SHANTHI NAGAR, THIRUVANANTHAPURAM

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3 THE PRINCIPAL, SANTHIGIRI SIDDHA MEDICAL COLLEGE,SANTHIGIRI, THIRUVANANTHPAURAM-695 589

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4 KERALA UNIVERSITY OF HEALTH SCIENCES, MULAMKUNNATHUKAVU, MEDICAL COLLEGE P.O., TRICHUR DISTRICT-680 596, REPRESENTED BY THE REGISTRAR

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5 ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL COLLEGES IN KERALA,

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T.C.15/1553-4,PRASANTHI BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014, REPRESENTED BY THE CHAIRMAN

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W.P.(C) Nos.9325 & 9360 of 2019 7

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BY ADVS. SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR PROF. COLLEGES SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED SCIENCE

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SR.G.P.SRI.A.J.VARGHESE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON .., ALONG WITH WP(C).9325/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) Nos.9325 & 9360 of 2019 8

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JUDGMENT

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Vinod Chandran, J

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The petitioners are before this Court seeking continuance in the college in accordance with the admissions made and also equal treatment similar to that of NRI students. The petitioners also challenge the orders of the Admission Supervisory Committee (ASC) for Professional Colleges in Kerala, Ext P4 dated 7.6.2017. We see that already the matter has been agitated before this Court by the Management of the College and there was a judgment passed in WP(C) No.28008 of 2018 dated 30.8.2018 which is produced as Ext P6 in WP(C) No.9325 of 2019. It is stated in the writ petition itself that there was a SLP filed which was withdrawn with liberty to file a review. There is produced before us a copy of the order passed by the Hon'ble Supreme Court in SLP filed against the batch of writ petitions by Santhigiri Siddha Medical College, wherein the petitioners prayer for withdrawal of the

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W.P.(C) Nos.9325 & 9360 of 2019 9

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petition, with a desire expressed to move the High Court with a review. The Special Leave Petition hence was allowed to be withdrawn without expressing anything on the submission made. A Review Petition was filed which was also rejected as per Ext P7. In such circumstance, we are bound by the findings in Exts P6 and P7. We hence reject the Writ Petitions following the decision by the other Division Bench. No order on costs.

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K.VINOD CHANDRAN, JUDGE

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V.G.ARUN, JUDGE

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cms xxx

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W.P.(C) Nos.9325 & 9360 of 2019 10

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APPENDIX OF WP(C) 9325/2019

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PETITIONERS EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTION OF THE NOTIFICATION DATED 7TH NOVEMBER, 2016. EXHIBIT P2 TRUE COPY OF THE GOVERNMENT ORDER BEARING G.O. (RT) NO. 389/2017/AYUSH DATED 05.08.2017. EXHIBIT P3 TRUE COPY OF THE RELEVANT PORTION OF THE PROSPECTUS OF THE YEAR 2016-17 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF THE GOVERNMENT ORDER BEARING G.O(RT) NO. 2014/2017/H.EDN. DATED 07.11.2017. EXHIBIT P5 TRUE COPY OF THE ORDER NO. AFRC 100/17/BSMS/SSMC DATED O8.06.2018 PASSED BY THE ADMISSION SUPERVISORY COMMITTEE. EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 30.08.2018 IN W.P.(C) NO. 28008 OF 2018 PASSED BY THIS HON'BLE COURT. EXHIBIT P7 TRUE COPY OF THE ORDER DATED 21.12.2018 IN R.P. NO. 924/2018 IN W.P.(C) NO. 28008 OF 2018 PASSED BY THIS HON'BLE COURT.

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APPENDIX OF WP(C) 9360/2019

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PETITIONERS EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE NOTIFICATION DAT	RELEVANT PORTION OF THE 7TH NOVEMBER,2016
EXHIBIT P2	TRUE COPY OF THE	GOVERNMENT ORDER BEARING
	G.O.(RT) NO.455/2	016/AYUSH DATED 09.09.2016
EXHIBIT P3	TRUE COPY OF THE	RELEVANT PORTION OF THE
	PROSPECTUS OF THE THE 2ND RESPONDEN	YEAR 2016-17 ISSUED BY T
EXHIBIT P4	TRUE COPY OF THE	APPROVAL ORDER NO.ASC

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W.P.(C) Nos.9325 & 9360 of 2019 11

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100/16/BSMS/SSMC DATED 07.06.2017

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EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 30.08.2018 IN WP.(C) NO.28008 OF 2018 PASSED BY THIS HON'BLE COURT

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EXHIBIT P6 TRUE COPY OF THE ORDER DATED 21.12.2018 IN R.P.NO.924/2018 IN W.P(C) NO.28008 OF 2018 PASSED BY THIS HON'BLE COURT

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RESPONDENTS EXHIBITS:

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EXHIBIT R5 A TRUE COPY OF THE APPLICATION FOR ADMISSION OF THE 7TH PETITIONER.

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EXHIBIT R5 B TRUE COPY OF THE ATTENDANCE REGISTER COVERING PERIOD 25/06/2019. EXHIBIT R5 C TRUE COPY OF THE LETTER DATED 14/05/2019. EXHIBIT R5 D TRUE COPY OF THE REPLY DATED 10/06/2019 TO ANNEXURE A5(C) EXHIBIT R5 E TRUE COPY OF THE REPLY DATED 10/06/2019 GIVEN TO LETTER DATED 31/05/2019. EXHIBIT R5 F TRUE COPY OF THE LETTER DATED 21/06/2019, WHICH WAS RECEIVED IN THE OFFICE ON 24/06/2019. EXHIBIT R5 G TRUE COPY OF THE REPLY DATED 16/07/2019 GIVEN TO R5(F). EXHIBIT R5 H TRUE COPY OF THE APPLICATION DATED 02/07/2019 RECEIVED IN THE OFFICE. EXHIBIT R5 I COPY OF REPLY DTD 17.7.2019 GIVEN TO R5(H) EXHIBIT R5 J COPY OF APPLICATION DTD 10.7.2019 BEFORE THE 1ST APPELLATE AUTHORITY EXHIBIT R5 K COPY OF APPLICATION BEFORE THE PUBLIC INFORMATION OFFICER EXHIBIT R5 L COPY OF REPLY DTED 17.7.2019 GIVEN TO ANNEXURE R5(H) EXHIBIT R5 M COPY OF REPLY DTED 22.7.2019 GIVEN TO ANNEXURE R5(J) EXHIBIT R5 N COPY OF MAIL DTD 22.7.2019 ADDRESSED TO FIRST APPELLATE AUTHORITY CUM CHAIRMAN EXHIBIT R5 O COPY OF GMAIL COVERING LETTER cms /True copy/ P.S.to Judge

Annie J. Winnie v. State of Kerala

Case brief

What is this about?

What did the court decide?

Annie J. Winnie v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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