IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WP(C).No. 19794 of 2008(F) -------------------------- PETITIONER(S): --------------- DHANEESH.C, DHANASREE HOUSE, VALLIYAKKODE, KALPATHOOR P.O, MEPPAYUR (VIA), PERAMBRA, CALICUT DISTRICT. BY ADV. SRI.K.R.RADHAKRISHNAN NAIR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 2. THE PRINCIPAL SECRETARY, HIGHER EDUCATION, GOVT.OF KERALA, SECRETARIAT, TRIVANDRUM. 3. THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, GOVERNMENT OF KERALA, TRIVANDRUM. 4. THE SECRETARY TO GOVT. OF KERALA, SC & ST DIV (A ) DEPARTMENT, TRIVANDRUM. 5. THE MEDICAL COUNCIL OF INDIA, REPRESENTED BY ITS SECRETARY, POCKET 14, SECTOR 8, DWARAKA PHASE, NEW DELHI-110 077. 6. THE DIRECTOR OF MEDICAL EDUCATION, GOVT. OF KERALA, TRIVANDRUM. 7. THE COMMISSIONER FOR ENTRANCE EXAMINATINS, GOVT.OF KERALA, SHANTI NAGAR, TRIVANDRUM. Addl.R8to R12 impleaded: Addl.R8 RINKU MERCY THOMAS, AGED 17 YEARS, KUNNUMPURATHU HOUSE, CHUNKOM, KOLANI P.O., THODUPUZHA, IDUKKI DISTRICT, PIN 685 584 REP. BY FATHER AND GUARDIAN THOMAS K.J. ADDL.R9 ANESHAMOL THOMAS, AGED 17 YEARS, PUTHENPURACKAL HOUSE, MELUKAVUMATTOM P.O., REP. BY FATHER AND GUARDIAN P.C. THOMAS. ADDL. R10 MOHITHA MOHAN, AGED 17 YEARS, NEDUMALAYIL, S.H. MOUNT P.O., KOTTAYAM PIN 686 006, REP. BY FATHER AND GUARDIAN AJITH MOHAN JOSEPH. ADDL.R11 ANU P. BABY, AGED 17 YEARS,PANAMPILLIL, CHELACHUVADU P.O, IDUKKI, PIN 685 606 REP. BY FATHER AND GUARDIAN BABY DANIEL ADDL.R12 MALA ARAYA SAMRAKSHANA SAMITHY (MASS), REG.NO.K.673/97, HEAD OFFICE: ELLIMOOTTIL BUILDINGS, MELUKAVU P.O., KOTTAYAM DISTRICT PIN 686 652, REP. BY ITS GENERALA SECRETARY. ADDL.R8 TO R12 ARE IMPLEADED AS PER ORDER DATED 19.8.08 IN I.A.NO.10154/08 ADV. SRI.ALEXANDER THOMAS, SC, MCI FOR R5 SRI.C.P.MOHAMMED NIAS FOR ADDL.RES. BY SPL. G.P. SRI. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2008, ALONG WITH WPC NO. 25561 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. ------------------------------ W.P.(C).NO.19794 OF 2008-F & W.P.(C).NO.25561 OF 2008-R ------------------------------ Dated this the 29th day of September, 2008. JUDGMENT The challenge in these writ petitions is against Ext.P6 Government Order G.O.(MS)No.40/08/H.Edn dated 21.4.2008. By the said order, the Government ordered as follows: i. "Candidates from Scheduled Tribes who have secured 40% marks in the Entrance Examination conducted by the Commissioner for Entrance Examinations (CEE) shall be given admission first to MBBS and BDS Course in the State to the seats reserved for Scheduled Tribes. ii. In case there are unfilled seats, all the remaining Scheduled Tribe candidates in the list (ie who do not qualify for a seat on the above course in the State on the above basis ) shall be ranked by the CEE on the basis of the marks obtained by the students in the qualifying examinations. iii. The list shall be send to the Government for approval. iv. The approved list shall be the basis for filling up the rest of seats set apart of Scheduled Tribe students in MBBS and BDS Course in the State." The purport of the above direction was that the Scheduled Tribe candidates who do not satisfy the CEE norms, would nevertheless be entitled to admission not on the basis of their rank WPC.NOS.19794&25561/08 . 2 but on the basis of the marks obtained in the qualifying examination. When this order was challenged, the learned Government Pleader, on instructions, submitted that the Government is taking a decision not to implement the same. Today, The learned Government Pleader produced before me a copy of the Government Order G.O. (MS).No.116/2008/H.Edn. dated 27.9.2008, in which the aforementioned Ext.P6 has been superceded. In the circumstances, I do not think it necessary to further consider the correctness of the first Government Order. These writ petitions are accordingly closed without prejudice to the right of the parties. I am not expressing any opinion regarding the correctness of the subsequent Government Order dated 27.9.2008. V. GIRI, JUDGE. cl WPC.NOS.19794&25561/08 . 3