IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 WP(C).No. 25454 of 2006(E) ----------------------------------------------- PETITIONER: ------------------ SUMA.H., SOPANAM, PAZHAVEEDU, ALAPPUZHA. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE COMMISSIONER OF ENTRANCE EXAMINATIONS, SANTHI NAGAR, THIRUVANANTHAPURAM. 4. THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.T.B.HOOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------------------ W.P.(C) No.25454 of 2006-E ------------------------------------------------- Dated, this the 22nd day of July, 2008 JUDGMENT A.K.Basheer, J. In this writ petition, the primary prayer is to declare Section 10 of Act 19 of 2006 as ultra vires of the Constitution. There is a further prayer to issue a writ of certiorari to quash Ext.P6. 2. We do not deem it necessary to deal with or refer to any of the contentions raised by the petitioner since it is brought to our notice that the issue raised in this case is no more res integra, in view of the decision in Lisie Medical & Educational Institutions Vs. State of Kerala (2007 (1) KLT 409). In the said decision, while considering the vires of Section 10 and other relevant provisions of the Kerala Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-Exploitative Fee and other Measures to Ensure Equity and Excellence in Professional Education) Act, 2006, the Division Bench had held thus: “In view of the discussions made above, we hold the provisions contained in Ss. 3,7, 8(b) and ( c), and 10 of the Act of 2006 and Rr.10 and 11 of the Rules to be invalid and W.P.C. No.25454/2006 -2- ultra vires the Constitution and thus set aside the same. The provisions mentioned above are opposed to Art.14 and would also violate the fundamental rights of the petitioner--institutions under Arts.19 (1) (g), 26(a) and 30 of the Constitution of India............”. 3. In view of the dictum laid down by this Court in the decision cited supra, the writ petition is disposed of. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE MS