Disposed

Commissioner of Entrance Examination v. Alish Mary Cherian

Kerala HC9 Mar 2020WA/1428/2018

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of two writ appeals challenging a Single Judge's order that declared a nativity clause in the KEAM 2017 prospectus unconstitutional and granted Keralite category status to specific students. The Court found the matter ripe for efflux of time and declined interference.

What did the court decide?

Writ appeals disposed of with an observation that future grievances can be adjudicated in appropriate proceedings.

Commissioner of Entrance Examination Vs Alish Mary… — Education and Admissions | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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MONDAY, THE 09TH DAY OF MARCH 2020 / 19TH PHALGUNA, 1941

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W.A.No.1603 OF 2018

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(Against the judgment in W.P.(C)No.11926 of 2017 dated 24.7.2017)

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APPELLANTS/RESPONDENTS IN WPC:

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1 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS THIRUVANANTHAPURAM-695 001.

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2 THE PRINCIPAL SECRETARY HIGHER EDUCATION (G) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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3 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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BY SR. GOVERNMENT PLEADER SRI.V.TEK CHAND

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RESPONDENTS/PETITIONERS IN THE WPC:

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1 COL.ARUN C.G., DIRECTORATE GENERAL OF MILITARY OPERATIONS, INTEGRATED HQ OF MOD (ARMY) SOUTH BLOCK, NEW DELHI, RESIDING AT HOUSE NO.11, SALARIA OFFICERS ENCLAVE, SECTOR 21, DWARAKA, NEW DELHI.

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2 SIMRAN A.C (MINOR), D/O COL.ARUN C.G, RESIDING AT KPRA 75, T.K DIWAKARAN ROAD, PATTOM, THIRUVANANTHAPURAM. (THE 1ST PETITIONER AS FATHER OF THE 2ND PETITIONER REPRESENTS HER IN THIS CASE IN THE CAPACITY AS GUARDIAN)

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R1-2 BY ADV. SMT.D.P.RENU

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THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 09.03.2020, ALONG WITH WA.1428/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WA.No.1603 OF 2018 & WA.No.1428 OF 2018

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: 2 :

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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MONDAY, THE 09TH DAY OF MARCH 2020 / 19TH PHALGUNA, 1941

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WA.No.1428 OF 2018

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AGAINST THE JUDGMENT IN WPC 14852/2017 DATED 24-07-2017 OF HIGH COURT OF KERALA

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APPELLANTS/RESPONDENTS IN WPC:

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1 COMMISSIONER OF ENTRANCE EXAMINATION THIRUVANANTHAPURAM.

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2 THE PRINCIPAL SECRETARY EDUCATION (G) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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3 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, EDUCATION (G) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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BY SR. GOVERNMENT PLEADER SRI.V.TEK CHAND

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RESPONDENTS/PETITIONER IN WPC:

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ALISHA MARY CHERIAN, D/O.VIJITH.K.CHERIAN, 50/473-G-269, 11 CROSS ROAD, PANAMPALLY NAGAR, ELAMKULAM VILLAGE, ERNAKULAM DISTRICT - 682 036.

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SMT.K.A.SANJEETHA

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THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 09.03.2020, ALONG WITH WA.1603/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WA.No.1603 OF 2018 & WA.No.1428 OF 2018

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: 3 :

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JUDGMENT

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[ WA.1603/2018, WA.1428/2018 ]

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Dated this the 9th day of March 2020

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S.MANIKUMAR, C.J.

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These writ appeals are filed by the appellants/the Commissioner for Entrance Examination and others challenging the common judgment passed by the learned Single Judge in W.P.(C)Nos.11926 and 14852 of 2017 dated 24^th July, 2017.

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Writ petitioners approached the writ court seeking for a direction to quash Clause 6.1.1 in the prospectus for admission to KEAM 2017 regarding the proof of nativity as unconstitutional and in violation of Articles 14 and 15 of the Constitution of India. They also sought for a direction to the respondents in the writ petition/the Commissioner for Entrance Examination and others to participate in MBBS Entrance Exam of KEAM 2017 and to declare that the writ petitioners (Ms.Alisha Mary Cherian and Ms.Simran.A.C.) are entitled to be considered for the said admission in Keralite category. While allowing the writ petitions, writ court held as under:

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"In the result, the writ petitions are allowed and it is declared that clause 6.1.1(a) which deprives candidates of Kerala origin, who or either of their parents are not born in Kerala, opportunity

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WA.No.1603 OF 2018 & WA.No.1428 OF 2018

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: 4 :

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to participate in the allotment process for admission to MBBS course in the State intended for candidates of Kerala origin, is arbitrary and discriminatory. It is also declared that the petitioner in W.P. (C) No.14852 of 2017 and the second petitioner in W.P.(C) No.11926 of 2017 would fall under the category 'Keralite' as specified in the prospectus published by the Commissioner for Entrance Examinations for allotment of seats for admission to M.B.B.S. Course for the current year and they are entitled to be treated as 'Keralite' for the said purpose."

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When these writ appeals came up for hearing, learned Senior Government Pleader submitted that the second respondent in W.A.1603 of 2018 has already been admitted to BDS course in the Army College of Dental Science, Secunderabad. It is also submitted that respondent in W.A.1428 of 2018 has failed to secure MBBS admission due to her lower ranking in the admission test.

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Considering the entire facts and circumstances of the case, we are not inclined to interfere with the judgment impugned in these writ appeals for the reason that by efflux of time nothing further survives in these writ appeals. Writ appeals are disposed of with an observation that if there is any grievance with respect to the said clause in the prospectus in future, the same can be adjudicated in an appropriate proceedings before the

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WA.No.1603 OF 2018 & WA.No.1428 OF 2018

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: 5 :

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appropriate forum in accordance with law.

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Pending interlocutory applications, if any, shall stand closed.

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SD/- S.MANIKUMAR CHIEF JUSTICE

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SD/- SHAJI P. CHALY JUDGE

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Commissioner of Entrance Examination v. Alish Mary Cherian

Case brief

What is this about?

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Commissioner of Entrance Examination v. Alish Mary Cherian

Case brief

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