High Court bench dismissed a review petition seeking re-admission to MBBS NRI quota, noting a pending SLP before the Apex Court precludes reconsideration and finding no error apparent on the record warranting review.
Review petition against the order dated 23.07.2020 in WP(C) 10792/2018 dismissed without consideration due to pending SLP.
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 A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 14TH DAY OF DECEMBER 2020 / 23RD AGRAHAYANA, 1942
RP.No.684 OF 2020 IN WP(C). 10792/2018
AGAINST THE JUDGMENT DATED 23.7.2020 IN WP(C) 10792/2018(Y) OF HIGH COURT OF KERALA
REVIEW PETITIONERS/WRIT PETITIONERS:
1 ALTHAF HUSSAIN
AGED 21 YEARS
S/O. DR. HUSSAIN KHAN, FIRDOUSE, OACHIRA, KOLLAM,
KERALA - 679330.
2 ASWIN R.J AGED 21 YEARS S/O. RETNAKUMARAN G. SREERAGAM, KANCHIYOORKONAM, KATTAKADA P O, THIRUVANANTHAPURAM.
3 AKBAR S, AGED 21 YEARS S/O. SAJEEV, RAADVILA HOUSE, OTTUMALA, KATTADI PO, KOLLAM - 691537.
BY ADVS. SRI.ROSHEN.D.ALEXANDER SMT.TINA ALEX THOMAS
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695001.
2 THE ADMISSION AND FEE REGULATORY COMMITTEE PRASANTHI BUILDINGS, M.V. APPAN ROAD, VAZHUTHACADU, THIRUVANANTHAPURAM - 695001, REPRESENTED BY ITS CHAIRMAN.
R.P.No.684/2020 in W.P.(C).No.10792/2018
2
SRI. M.A. ASIF-SPL. G.P.R1 AND 4 SMT. MARY BENJAMIN FOR R2 SRI. TONY GEORGE KANNANTHANAM FOR R3
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 14.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R.P.No.684/2020 in W.P.(C).No.10792/2018
3
ORDER
Dated this the 14th day of December 2020
Shaffique, J
The review petition has been filed by the petitioners in W.P. (C).No.10792/2018, who are students who obtained admission in the NRI quota, inter alia contending that there is error apparent on the face of the record.
With the above observation, this review petition is dismissed.
Sd/-
A.M.SHAFFIQUE
JUDGE
Sd/-
GOPINATH P.
True copy
JUDGE
kp
P.A. To Judge
R.P.No.684/2020 in W.P.(C).No.10792/2018
4
APPENDIX
PETITIONERS' EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE EXT.P4 ORDER PRODUCED IN WP(C) NO. 10792/2018 BEARING NO.AFRC 50/18/MBBS/SFMC DATED 27.02.2018. ANNEXURE A2 TRUE COPY OF THE GO(MS) NO.107/2018/H AND FWD DATED 06.06.2018 WHICH WAS PRODUCED AS EXT.P7 IN WP(C) NO.10792/2018. ANNEXURE A3 CERTIFIED COPY OF THE JUDGMENT DATED 23.07.2020 IN WP(C) NO. 10792/2018. ANNEXURE A4 TRUE COPY OF THE AFFIDAVIT ALONG WITH THE ACCOMPANYING I.AS 1 AND 2/2019 PRODUCING EXT P9 TO P12 AND FOR DIRECTION IN WP(C) NO.10792/2018.
3 issues framed by the court
Whether the review petition warrants hearing or consideration in light of a pending SLP before the Apex Court.
Whether any error apparent on the face of the record exists to warrant review of the impugned judgment.
Whether the review petition effectively seeks a rehearing of the entire matter.
Althaf Hussain
Swin R.J
Akbar S
State of Kerala
Admission and Fee Regulatory Committee
Travancore Medical College
A.M. Shaffique
Gopinath P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
