IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 WP(C).No. 16764 of 2009(M) -------------------------------------- PETITIONER: --------------------- DR. SUDIN S.R, NAVANEETHAM, H. NO. 163, SREE CHITRA TIRUNAL NAGAR, PATTOM, THIRUVANANTHAPURAM- 695 004. BY ADV. SRI.B.RAGUNATHAN SMT.P.RETNAKUMARI SRI.R.SRINATH SRI.P.PRASANTH SRI.ARAVIND.V RESPONDENTS: ---------------------------- 1. STATE OF KERALA, REP. BY PRINCIPAL SECRETARY TO GOVT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -01. 2. DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM -11. 3. COMMISSIONER FOR ENTRANCE EXAMINATIONS HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIURVANANTHAPURAM -01. 4. UNION OF INDIA, REP. BY SECRETARY TO GOVT.MINISTRY OF HEALTH AND FAMILY WELFARE NEW DELHI -01. 5. MEDICAL COUNCIL OF INDIA, REP. BY SECRETARY, MEDICAL COUNCIL OF INDIA, POCKET NO 14, SECTOR -B, DWARAKA, NEW DELHI -77. ADV. SRI.ALEXANDER THOMAS, SC, MCI FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16764 of 2009(M) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE CERTIFICATE (MBBS) ISSUED BY THE UNIVERSITY OF KERALA, REGISTER NO.9247 DATED 7/8/2002. EXHIBIT P2: TRUE COPY OF THE CERTIFICATE MS(GRNERAL SURGERY) NO.006581 DATED 29/3/2008 ISSUED BY RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, KARNATAKA. EXHIBIT P3: TRUE COPY OF THE CERTIFICTE DATED 2/2/2008 (BOOK NO.365 SI.NO.11601) ISSUED BY TRANVANCORE -COCHIN MEDICAL COUNCILS. EXHIBIT P4: TRUE COPY OF CERTIFICATE REERENCE NO. PGC/CR/76/07-08 DATED 8/5/2007 ISSUED BY THE DIRECTOR & DEAN, MYSORE MEDICAL COLLEGE AND RESEARCH INSTITUTE, MYSORE. EXHIBIT P5: TRUE COPY OF CERTIFICATE NO.PGC: CR: 257/07-08 DATED 29/9/2007 ISSUED BY THE DIRECTOR OF & DEAN, MYSORE MEDICAL COLLEGE AND RESEARCH INSTITUTE, MYSORE. EXHIBIT P6: TRUE COPY OF THE ELIGIBILITY CERTIFICATE DATED 16/7/2008( BOOK NO.04 SI. 369) ISSUED BY UNIVERSITY OF KERALA. EXHIBIT P7: TRUE COPY OF CERTIFICATE REFERENCE NO. F.780/09/MC DATED 7/4/2009 ISSUED BY THE REGISTRAR TRAVANCORE-COCHIN MEDICAL COUNCILS, THIRUVANANTHAPURAM. EXHIBIT P8: TRUE COPY OF THE PROSPECTUS FOR ADMISSION TO POST GRADUATE SUPER SPECIALTY COURSES, KERALA-2006 PUBLISHED BY THE 2ND RESPONDENT. EXHIBIT P9: TRUE COPY OF THE PROSPECTUS FOR ADMISSION TO POST GRADUATE SUPER SPECIALTY COURSES, KERALA -2007 DATED 3/5/2007 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P10: TRUE COPY OF THE PROSPECTUS FOR ADMISSION TO POST- GRADUATE SUPER SPECIALTY COURSES, KERALA- 2008 DATED 16/5/2008 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P11: TRUE COPY OF THE PROSPECTUS FOR ADMISSION TO POST GRADUATE SUPER SPECIALTY COURSES, KERALA 2009 DATED 22/5/2009 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P12: TRUE COPY OF THE NOTIFICATION NO. CEE/173/2009/CEE/PGSS/TAIII DATED 23/5/2009 ISSUED BY THE 3RD RESPONDENT. /TRUE COPY/ P.A. TO JUDGE scm K.T. SANKARAN, J. --------------------------- W.P(C).No.16764 of 2009 ------------------------------------ Dated this the 16th day of June, 2010 J U D G M E N T Connected Writ Petitions, namely, W.P(C) No.15465 of 2009 and connected cases, were disposed of by the judgment dated 25/06/2009. For the sake of convenience, the judgment is extracted below: “The challenge in these writ petitions relates to the validity of sub clauses (iii), (iv) and (v) of Clause III (a) of the prospectus issued by the Directorate of Medical Education for Post Graduate Super Specialty Courses, Kerala, 2009. Though counter affidavit is filed by the Government, supporting some of the clauses, Government then reconsidered the matter. Senior Government Pleader, Mr.T.B.Hood, submits that the Government has decided to delete the aforementioned clauses, namely sub clauses (iii), (iv) and (v) of clause III(a) of the said prospectus. Submission is recorded. 2. Accordingly, the aforementioned clauses shall stand deleted from the prospectus and the consequential notification. All the petitioners in these writ petitions shall be permitted to appear in the Common Entrance Examination for Post Graduate Super Specialty Courses, Kerala, 2009. Their applications shall be treated as regular, and shall be considered in accordance with law. 3. Learned counsel for the petitioner in W.P.(C). 16009/2009, submits that the writ petition also contains a challenge against the validity of Act 29 of 2008. He prays that W.P(C). No.16764/2009 2 the said challenge may be left open to be prosecuted by the petitioner, if so advised at a later point of time. Said prayer is left open. Writ petitions are disposed of as above.” 2. In view of the judgment dated 25/6/2009, this Writ Petition is disposed of in the same manner in which those cases were disposed of. 3. Sri. B. Raghunathan, the learned counsel appearing for the petitioner submitted that the petitioner has got admission for M.Ch and that he is continuing his studies. This submission is recorded. The Writ Petition is disposed of as above. K.T. SANKARAN, JUDGE scm