IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 WP(C).No. 15465 of 2009(C) --------------------------------------- PETITIONERS: --------------------- 1. DR. K.KOCHU KRISHNAN, MELETH MADHOM, ELAMANA ROAD, TRIPUNITHURA, ERNAKULAM DISTRICT. 2. DR. ABDUL HAMEED P.C., P.C.HOUSE, CHATHAMENDA, UPPADA P.O., MALAPPURAM DISTRICT. 3. DR. SAJEER KALATHINGATHODIKA, KALATHINGATHODIKA HOUSE, MYLADI, ERANHIMANGAD P.O., VIA. NILAMBUR, MALAPPURAM DISTRICT. 4. DR. DEEPAK RAJU, KANDAMKARIYIL HOUSE, VILAYANCODE P.O., MANDUR (VIA), KANNUR. 5. DR. JYOTHISH VIJAY, JYOTHISH HOUSE, OPP. POLAKKODE SCHOOL, CHULUR P.O., VIA. NIG CAMPUS P.O., KOZHIKODE-673 601. 6. DR. VARGHESE GEORGE, 22/1, CHETTIYAMKUDIYIL HOUSE, THOTTAKATTUKARA P.O., ALUVA-8. BY MR.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE, ADV.MR.THOMAS GEORGE. RESPONDENTS: ------------------------ 1. THE DIRECTOR, DIRECTORATE OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. W.P.(C). NO.15465/2009-C: 2. THE COMMISSIONER FOR COMMON ENTRANCE EXAMINATIONS, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM. 3. THE STATE OF KERALA, REPRESENTED BY SECRETARY, HEALTH & FAMILY WELFARE DEPARTMENT, GOVT. SECRETARIAT, TRIVANDRUM. 4. THE MEDICAL COUNCIL OF INDIA (MCI), REPRESENTED BY ITS SECRETARY, POCKET-14, SECTOR 8, DWARAKA PHASE-1, NEW DELHI-110 075. R1 TO R3 BY GOVERNMENT PLEADER MR. HOOD T.B, R4 BY ADV. MR.ALEXANDER THOMAS, SC, MCI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/06/2009, ALONG WITH W.P.(C). NO.17701/2009 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.15465/2009-C: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NOTIFICATION DATED 23/05/2009 ISSUED FROM THE R.2. EXT.P.2: COPY OF THE PROSPECTUS FOR ADMISSION TO POST – GRADUATE SUPER SPECIALITY COURSES, KERALA -2009. EXT.P.3: COPY OF THE -DO- FOR 2008. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. V.GIRI, J ------------------- W.P.(C)s.15465, 15373, 15788, 16009, 16930, 16600, 17250 & 17701/2009 -------------------- Dated this the 25th day of June, 2009 JUDGMENT 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 W.P.(C).15465/09 and Connected Cases 2 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 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. V.GIRI, Judge mrcs