IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 WA.No. 209 of 2009 --------------------------- AGAINST THE JUDGEMENT IN WPC.27425/2008 Dated 09/09/2008 .................... APPELLANTS/PETITIONERS 2,4,6 TO 20 -------------------------------------------------------- 1. JECCO ANI BABU, S/O.BABU.N.JACOB, IST YEAR MBBS STUDENT(1ST YEAR COMPLETED),SREE GOKULAM MEDICAL COLLEGES & RESEARCH FOUNDATION, VENJARAMOODU.P.O,TRIVANDRUM-695607. 2. RESHMA RAJ, D/O.MR.RAJENDRAN.K, 1ST YEAR MBBS STUDENT (1ST YEAR COMPLETED),SREE GOKULAM MEDICAL COLLEGES & RESEAZRCH FOUNDATION, VANJARAMOODU-PO,TRIVANDRUM-695607. 3. SAI PRIYA.R.J,D/O.MR.G.JAYAKUMAR, 1ST YEAR MBBS STUDENT (1ST YEAR COMPLETED),SREE GOKULAM MEDICAL COLLEGES & RESEARCH FOUNDATION, VENJARAMOODU-PO,TRIVANDRUM-695607. 4. VISHNU.S.RAJ,S/O.K.P.SUDHAKARA PILLAI, 1ST YEAR MBBS STUDENT (1ST YEAR COMPLETED),SREE GOKULAM MEDICAL COLLEGES & RESEARCH FOUNDATION, VENJARAMOODU-PO,TRIVANDRUM-695607. 5. SUSRUTH KRISHNADAS, S/O.DR.KRISHNADAS.P, 1ST YEAR MBBS STUDENT(1ST YEAR COMPLETED),SREE GOKULAM MEDICAL COLLEGES & RESEARCH FOUNDATION, VENJARAMOODU-PO,TRIVANDRUM-695607. 6. ANNINA MARINE CHACKO,D/O.MR.T.V.VARGHESE CHACKO, 1ST YEAR MBBS STUDENTT(1ST YEAR COMPLETED) ,SREE GOKULAM MEDICAL COLLEGES & RESEARCH FOUNDATION, VENJARAMOODU-PO,TRIVANDRUM-695607. 7. NISHA P.MOHAN, D/O.MR.D.MOHANAN, 1ST YEAR 1ST YEAR MBBS STUDENT(1ST YEAR COMPLETED) ,SREE GOKULAM MEDICAL COLLEGES & RESEARCH FOUNDATION, VENJARAMOODU-PO,TRIVANDRUM-695607. 8. RAGI R.PILLAI, D/O.MR.RAVEENDRAN PILLAI, 1ST YEAR 1ST YEAR MBBS STUDENT(1ST YEAR COMPLETED ,SREE GOKULAM MEDICAL COLLEGES & RESEARCH FOUNDATION, VENJARAMOODU-PO,TRIVANDRUM-695607. W.A.NO.209/2009 - 2 - 9. CHANDINI HARIDAS, D/O.M.HARIDAS, 1ST YEAR MBBS STUDENT (1ST YEAR COMPLETED),SREE GOKULAM MEDICAL COLLEGES & RESEARCH FOUNDATION, VENJARAMOODU-PO,TRIVANDRUM-695607. 10. APARNA MOHANLAL, D/O.K.N.MOHANLAL, 1ST YEAR MBBS STUDENT (1ST YEAR COMPLETED),SREE GOKULAM MEDICAL COLLEGES & RESEARCH FOUNDATION, VENJARAMOODU-PO,TRIVANDRUM-695607. 11. KABANI.M.S,D/O.MR.T.MOHANAN ACHARY, 1ST YEAR MBBS STUDENT (1ST YEAR COMPLETED),SREE GOKULAM MEDICAL COLLEGES & RESEARCH FOUNDATION, VENJARAMOODU-PO,TRIVANDRUM-695607. 12. DEVI SALINI.S.S,D/O.MR.M.N.SASIDHARAN, 1ST YEAR MBBS STUDENT (1ST YEAR COMPLETED),SREE GOKULAM MEDICAL COLLEGES & RESEARCH FOUNDATION, VENJARAMOODU-PO,TRIVANDRUM-695607. 13. SHAHANA SHAREER, D/O.M.L.SHAREER, 1ST YEAR MBBS STUDENT (1ST YEAR COMPLETED),SREE GOKULAM MEDICAL COLLEGES & RESEARCH FOUNDATION, VENJARAMOODU-PO,TRIVANDRUM-695607. 14. HIMA VASAVAN, D/O.MR.V.N.VASAVAN, 1ST YEAR MBBS STUDENT, (1ST YEAR COMPLETED),SREE GOKULAM MEDICAL COLLEGES & RESEARCH FOUNDATION, VENJARAMOODU-PO,TRIVANDRUM-695607. 15. ASWATHY PRABHA,D/O.MR.T.S.PRABHAKARAN, 1ST YEAR MBBS STUDENT, (1ST YEAR COMPLETED),SREE GOKULAM MEDICAL COLLEGES & RESEARCH FOUNDATION, VENJARAMOODU-PO,TRIVANDRUM-695607. 16. SAIPRIYA.S.V, D/O.MR.C.V.VIJAYAKUMAR, 1ST YEAR MBBS STUDENT, (1ST YEAR COMPLETED),SREE GOKULAM MEDICAL COLLEGES & RESEARCH FOUNDATION, VENJARAMOODU-PO,TRIVANDRUM-695607. 17. HARI VISHNU.M.R.,S/O MR.RADAKRISHNAN NAIR M.R., 1ST YEAR MBBS STUDENT, (1ST YEAR COMPLETED),SREE GOKULAM MEDICAL COLLEGES & RESEARCH FOUNDATION, VENJARAMOOU.PO, TRIVANDRUM-695607. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENTS/RESPONDENTS & PETITIONERS 1,3,5 ----------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY,HIGHER EDUCATION DEPARTMENT. 2. KERALA UNIVERSITY, REP; BY ITS REGISTRAR PALAYAM, THIRUVANANTHAPURAM. 3. THE CONTROLLER OF EXAMINASTION, KERALA UNIVERSITY, PALAYAM, THIRUVANANTHAPURAM. W.A.NO.209/2009 - 3 - 4. MEDICAL COUNCIL OF INDIA,REPRESENTED BY ITS SECRETARY,POCKET-14,SECTOR 8, DWARAKA PHASE-1, NEW DELHI-110075. 5. THE PRINCIPAL, SREE GOKULAM MEDICAL COLLEGES & RESEARCH FOUNDATION, , VENJARAMOODU P.O., TRIVANDRUM-695 607. 6. NIMMI.R.KRISHNAN, D/O.RADHARKRISHNAN NAIR, AGED 18 YRS, SREE GOKULAM MEDICAL COLLEGES & RESEARCH FOUNDATION, VENJARAMOODU.PO, TRIVANDRUM-695607. 7. PRIYANKA SHIBU, D/O.MR.J.S.SHIBU, 1ST YEAR MBBS STUDENT (1ST YEAR COMPLETED),SREE GOKULAM MEDICAL COLLEGES & RESEARCH FOUNDATION, VENJARAMOODU.PO, TRIVANDRUM-695607. 8. SRUTHI.V.ANIL, D/O.MR.N.ANILKUMAR, 1ST YEAR MBBS STUDENT (1ST YEAR COMPLETED), SREE GOKULAM MEDICAL COLLEGES & RESEARCH FOUNDATION, VENJARAMOODU.P.O,TRIVANDRUM-695607. R1 BY SR.GOVT. PLEADER SRI.BENJAMIN PAUL ADV. SRI.ALEXANDER THOMAS, SC, MCI FOR R4 SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. FOR R2 & R3 SRI.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE FOR R5 SRI.TONY GEORGE KANNANTHANAM FOR R5 SRI.RENJITH B.MARAR FOR R6-8 SRI.L.RAJESH NARAYAN FOR R6-8 SMT.LAKSHMI.N.KAIMAL FOR R6-8 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20/03/2009, ALONG WITH WA NO. 2119 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A.Nos.209 of 2009 & W.A.No.2119 of 2008 ------------------------------------------ Dated, this the 20th day of March, 2009 JUDGMENT S.R.Bannurmath, C.J. The unsuccessful students had challenged the communication of the Medical Council of India discharging the appellants in W.A.No.209 of 2009 on the basis of their qualifying marks in the competitive Common Entrance Examination. During the pendency of the appeal,as per Ext.R4(a), the Medical Council of India has reconsidered the matter and decided that the discharge notice issued by the Medical Council of India in respect of the appellants may be revoked and suitable communication may be issued to all concerned authorities. In view of this revocation, the writ appeals do not survive for further consideration. The admissions granted to the appellants in W.A.No.209 of 2009 shall be treated as regular for all the purposes. In view of Ext.R4(a) W.A. Nos.209/2009 & 2119/2008 - 2 - communication, W.A.No.209 of 2009 filed by students stands allowed and W.A.No.2119 of 2008 filed by Medical Council of India stands closed as infructuous. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns/dk.