IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 WP(C).No. 4846 of 2009(B) -------------------------------------- PETITIONER(S): ----------------------- 1. LIDA JAIMES, D/O.P.M.JAIMES, PUTHENPURACKAL, ERUMAPRAMATTOM (PO), KOTTAYAM, PIN-686 586. 2. ANN SUSAN SAM, D/O.SAMUEL. K.G, KODIPLACKAL HOUSE, H.NO.11/521, ASAN LANE, ALUVA.PO, ERNAKULAM, PIN-683 101. BY ADV. SRI.C.P.MOHAMMED NIAS RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION (G) DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. COMMISSIONER FOR ENTRANCE EXAMINATIONS, KERALA, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-01. 3. MEDICAL COUNCIL OF INDIA, POCKET-14, SECTOR-8, DWARKA PHASE-1,NEW DELHI-110 075, REP. BY ITS SECRETARY. 4. THE PRINCIPAL, GOVT.T.D.MEDICAL COLLEGE, ALAPPUZHA. R1, R2 & R4 BY SPL. GOVT. PLEADER MR.P. SANTHOSH KUMAR. R3 BY ADV. SRI.ALEXANDER THOMAS, SC, MCI . THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2010,ALONG WITH WPC NO. 35254 OF 2009 AND WPC NO. 14072 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 4846 of 2009(B) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PLUS-TWO EXAMINATION CERTIFICATE ISSUED TO THE FIRST PETITIONER. EXT.P2: COPY OF THE PLUS-TWO EXAMINATION CERTIFICATE ISSUED TO THE 2ND PETITIONER. EXT.P3: COPY OF THE ORDER OF THE HONOURABLE SUPREME COURT PASSED ON 26/09/2008 IN WP(C) NO. 393/2008. EXT.P4: COPY OF THE GOVT. ORDER GO.(MS)NO.116/2008/H.EDN. DATED 27/09/2008. EXT.P5: COPY OF THE NOTICE DATED 17/10/2008 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER. EXT.P6: COPY OF THE RANK LIST OF CANDIDATES QUALIFIED IN THE SPECIAL ENTRANCE EXAMINATION CONDUCTED ON 30/10/2008. EXT.P7: COPY OF THE MEMO DATED 13/11/2008 ISSUED 2ND RESPONDENT TO THE FIRST PETITIONER. EXT.P8: COPY OF THE ORDER DATED 19/11/2008 ISSUED BY THE 4TH RESPONDENT TO THE SECOND PETITIONER. EXT.P9: COPY OF THE COMMUNICATION DATED 05/02/2009 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R3(a): COPY OF THE RELEVANT PORTION OF THE MCI'S GRADUATE MEDICAL EDUCATION REGULATIONS, 1997. EXT.R3(b): COPY OF THE JUDGMENT OF THE HONOURABLE SUPREME COURT IN DR.INDU KANT Vs. STATE OF U.P. & Ors. 1993 SUPP. (2) SCC 71. EXT.R3(c): COPY OF THE JUDGMENT PASSED BY THE HONOURABLE SUPREME COURT IN SH.CHANDER CHINAR BADA AKHARA UDASIN SOCIETY & Ors. Vs. STATE OF J& K & Ors. (1996) 5 SCC 732. EXT.R3(d): COPY OF THE JUDGMENT PASSED BY THE HONOURABLE SUPREME COURT IN RAVINDRA KUMAR RAI Vs. STATE OF MAHARASHTRA & Ors.- (1998) 3 SCC 183. EXT.R3(e): COPY OF THE JUDGMENT IN PROFESSIONAL EXAMINATION BOARD, MP. Vs. PRASHANT AGARWAL & Anr. JT 2002 (8) SC 84. WP(C).No. 4846 of 2009(B) EXT.R3(f): COPY OF THE JUDGEMENT OF THE HONOURABLE SUPREME COURT IN STATE OF PUNJAB Vs. DAYANAND MEDICAL COLLEGE- (2001) 8 SCC 664. EXT.R3(g): COPY OF THE JUDGMENT OF THE HONOURABLE SUPREME COURT IN STATE OF MADHYA PRADESH & Ors. Vs. GOPAL D. TIRTHANI & Ors. (2003) 7 SCC 83. EXT.R3(h): COPY OF THE GOVT. OF INDIA'S DECISION/APPROVAL DATED 14/05/2003. EXT.R3(i): COPY OF THE JUDGMENT DATED 12/07/2004 PASSED BY THE HONOURABLE SUPREME COURT IN CA NO.4051/2004-MCI Vs. G.UDHAYA BHARATHI & Ors. //TRUE COPY// P.A. TO JUDGE rs. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)Nos.4846, 35254 of 2009 & 14072 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of July, 2010 J U D G M E N T In these writ petitions, the petitioners are students of MBBS course belonging to Scheduled Tribe communities who had obtained admission for MBBS course in the year 2008, in accordance with the results of a special entrance test conducted by the Government of Kerala for Scheduled Tribe candidates. They have approached this court when their admission was sought to be cancelled on the ground that such special entrance test was conducted without jurisdiction. The very same question for the very same year was the subject matter of writ petitions before the Supreme Court as W.P.(C) Nos.393/2008 and 337/2009 in which the Supreme Court has passed the following judgment: “Heard learned counsel for the parties. After the orientation course, the petitioners have qualified in the examination and have been admitted to MBBS/BDS course, which they have been prosecuting, thus their admission be regularized. The direction not to be treated as a precedent in other cases. The State will conduct orientation course to keep W.P.(C)Nos.4846, 35254 of 2009 & 14072 of 2010 -2- the SC/ST candidates to qualifying themselves to appear for the entrance examination.” In view of the said Supreme Court decision the petitioners are also entitled to continue studies as if they had been validly admitted. Accordingly these writ petitions are disposed of directing the respondents to give the petitioners also the benefit of the above said judgment of the Supreme Court. S. SIRI JAGAN JUDGE shg/