IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 WP(C).No. 28163 of 2009(M) ---------------------------------------- PETITIONER(S): ------------------------- ANEESH S. ANAND, AGED 23 YEARS, S/O. SIVANANDAN , USAHS HOUSE, PAZHAYATTINKUZHI, THATTAMAL P.O., KOLLAM -20. BY ADV. MR.V.JAYAPRADEEP RESPONDENT(S): -------------------------- 1. THE COMMISSIONER FOR ENTRANCE EXMINATIONS, 5TH FLOOR, HOUSING BOARD BUILDING, SANTHINAGAR, THIRUVANANTHAPURAM -01. 2. THE DIRECTOR OF MEDICAL EDUCATION, GOVT. LF KERAL, DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM -11. 3. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, TO THE DEPARTMENT OF HEALTH & FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM. 4. INDIAN NURSING COUNCIL REPRESENTED BY ITS SECRETARY,COMBAINED COUNCILS BUILDING, KOTLA ROAD, TEMPLE LANE NEW DELHI-02. 5. THE CHIEF SECRETARY TO THE GOVT,. OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. ADDL. R6 TO R9 ARE IMPLEADED. 6. ANIE KURIAN, MANALEL HOUSE, PERUVA P.O., KOTTAYAM DISTRICT. W.P.(C) 28163/2009 7. SUMITH SUNNY, KOTTARAMKUNNEL, OTTALLOOR P.O., IDUKKI DISTRICT. 8. SHANI P.S., PUTHANAGHIKAM, MUNDAKKAL EAST, KOLLAM. 9. DHANYA V.V., ''ASWATHI'', AROLI P.O., PAPPINISERI, KANNUR DISTRICT. ADDL. R6 TO R9 ARE IMPLEADED AS PER ORDER DTD. 22.10.09 IN IA. 12754/09. R10 TO R12 ARE IMPLEADED 10. SHEEBA C.V. W/O. MR.SAJEEVAN.S., LECTURER, SCHOOL M.E.RIMSR, PUTHUPALLY, KOTTAYAM. 11. ANOOP K., S/O. K.S.SANKARANARAYANAN, KUNNATH HOUSE, EDAKKULAM P.O., THRISSUR. 12. JOSEPH JENNINGS S/O. MICHAEL M.J., METTEKKATTU HOUSE, KUMARARANASAN ROAD, ELAMKULAM COCHIN17. ADDL. R10 TO R12 ARE IMPLEADED AS PER ORDER DT. 26.10.09 IN IA. 13289/09. R1 TO R3 & R5 BY GOVT. PLEADER MR.P.NARAYANAN R4 BY ADV. MR.NOUSHAD THOTTATHIL,SC,INDIAN NURSIN R6- R9 BY MR.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE R6- R9 BY ADV.MR.TONY GEORGE KANNANTHANAM R10-12 BY MR.BABU CHERUKARA, MR.ANZAR BASHEER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/11/2009, ALONG WITH WPC. NO.29141 OF 2009 AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.28163/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE NOTIFICATION DTD. 28.5.09. P2:- COPY OF THE RELEVANT PORTION OF THE PROSPECTUS. P3:- COPY OF THE ADMIT CARD OF THE PETITIONER. P4:- COPY OF THE RESULT AND RANKED LIST DTD. 10.8.09. P5:- COPY OF THE GO(RT) NO.2776/09/H&FWD DTD. 25.9.09. P6:- COPY OF THE NEW RANKED LIST DTD. 3.10.09. P7:- COPY OF THE NEWS PAPER REPORT DTD. 6.10.09 OF KERALA KAUMUDI. P8:- COPY OF THE LETTER DTD. 6.7.09 FROM THE SIT RESPONDENT . RESPONDENT'S EXHIBITS R10(a):- COPY OF THE COMPUTER PRINT OUT OF THE IST RANK LIST DTD. 10.8.09 OF M.SC. NURSING 2009. R10(b):- COPY OF THE COMPUTER PRINT OUT OF THE REVISED RANK LIST DTD. 3.10.09 DO. DO. R10(c):- COPY OF THE RELEVANT PAGE NO.13 OF THE PROSPECTUS OF THE ENTRANCE EXAMINATIONS OF M.SC. NURSING 2009-10 CONTAINING CLAUSE NOS. 15.6 AND 15.7. TRUE COPY P.S. TO JUDGE tss P.N. RAVINDRAN, J. - - - - - - - - - - - - - - - - - - - - - - W.P.(C) Nos.28163, 29110, 29141, 29348 & 29746 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - Dated 18th November, 2009. These writ petitions are filed aggrieved by the rearrangement of the rank list prepared for admission to the M.Sc. Degree course in Nursing. In the prospectus as approved by the Government, in paragraph 7.4 it was stipulated that all candidates under general merit shall have to secure 50% marks in the entrance examination conducted by the Commissioner for Entrance Examinations, Kerala. As regards scheduled caste/scheduled tribe candidates the stipulation was that they shall have to secure 40% in the entrance examination. After the rank list was prepared, the Government issued G.O. (Rt.) No.2776/H&FWD dated 25.9.2009 modifying the terms of paragraph 7.4 of the prospectus. The stipulation regarding cut off marks was dispensed with. These writ petitions were thereupon filed challenging the said Government order and the alteration of the rank based on the Government order dated 25.9.2009. W.P.(C)Nos.28163/2009 & connection -2- 2. When this writ petition came up for hearing today, Sri.P.Narayanan, the learned Government Pleader appearing for the respondents submitted that the Government have by G.O. (Rt.) No.3332/09/H&FWD Dated 16.11.2009 cancelled the G.O. No.2776/H&FWD dated 25.9.2009 and restored paragraph 7.4 of the prospectus. A copy of the Government order was made available to me and the same is incorporated in the records. In view of the G.O. dated 16.11.2009, the petitioners cannot have any subsisting grievance. The Government have in the order dated 16.11.2009 directed the Commissioner for Entrance Examinations to revive and publish the rank list originally prepared by him based on the unamended stipulation in the prospectus and also to fill up seats in the manner suggested therein. In such circumstances, no further orders are called for in these writ petitions. They are accordingly closed with a direction to the Commissioner for Entrance Examinations to act as directed by the Government in the G.O. dated 16.11.2009. P.N. RAVINDRAN Judge vaa