IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 WP(C).No. 16265 of 2011(G) ------------------------------------------ PETITIONER(S): ------------------------- DR.DEVANG CHANDRAKANT TANK, HARI KRISHNA, 4A, GANDHIGRAM, RAIYA ROAD, RAJKOT, GUJARAT. BY ADVS. SRI.M.SHAJU PURUSHOTHAMAN, SRI.K.S.RAJESH. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, THIRUVANANTHAPURAM - 695 001. 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM - 695 001. 3. THE COMMISSIONER FOR ENTRANCE EXAMINATION, 5TH FLOOR, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM - 695 001. 4. MEDICAL COUNCIL OF INDIA (MCI), REP. BY ITS SECRETARY, POCKET - 14, SECTOR 8, DWARAKA PHASE 1, NEW DELHI - 110 075. R1 TO R3 BY GOVERNMENT PLEADER SMT.SANJEETHA R4 BY ADV. SRI.ALEXANDER THOMAS, SC, MCI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/10/2011 ALONG WITH WPC NO. 17458 OF 2011 AND WPC NO. 19609 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.16265/2011 G APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPLICATION FOR ADMISSION TO PG SUPER SPECIALITY COURSE, 2011 DTD. 9/06/2011. P2: COPY OF THE NOTIFICATION FOR PG SUPER SPECIALITY COURSE, 2011 DTD. 30/05/2011. P3: COPY OF THE PROSPECTUS FOR PG SUPERSPECIALITY COURSE, 2011 DTD. 27/05/2011. P4: COPY OF RELEVANT EXTRACT OF THE RULES FOR ADMISSION TO DM AND MCh MEDICAL COURSES OF GUJARAT UNIVERSITY DTD. 16/03/2010. P5: COPY OF THE RELEVANT EXTRACTS OF THE SALIENT FEATURES OF PG MEDICAL EDUCATION REGULATIONS, 2000 FRAMED BY THE MEDICAL COUNCIL OF INDIA DTD. 16/02/2010. P6: COPY OF THE RANK LIST OF GASTROENTEROLOGY PUBLISHED IN THE WEB SITE DTD. NIL. P7: COPY OF THE NOTIFICATION PUBLISHED IN THE WEB SITE DTD. 30/06/2011. RESPONDENT'S EXHIBITS: R4(A): COPY OF THE POST GRADUATE MEDICAL REGULATION AS AMENDED VIDE GAZETTE OF INDIA NOTIFICATION DTD. 17/11/2009. R4(B): COPY OF THE MCI's LETTER DTD. 11/03/2010. R4(C): COPY OF THE MCI's NOTIFICATION DTD. 16/04/2010. R4(D): COPY OF LETTER DTD. 15/04/2010. R4(E): COPY OF THE MCI's LETTER DTD. 16/04/2010. /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) Nos. 16265, 17458 & 19609 OF 2011 ----------------------------------------------------- Dated this the 19th day of October, 2011 J U D G M E N T The claim of the petitioners was for admission to Post Graduate Super Speciality Course and an interim order was passed by this court, on the strength of which petitioners have got admissions. In view of that, making the interim order absolute, these writ petitions are closed. ANTONY DOMINIC, JUDGE ul/- ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) Nos. 16265, 17458 & 19609 OF 2011 ----------------------------------------------------- Dated this the 22nd day of July, 2011 O R D E R Having regard to the prima facie case made out by the petitioners and in the light of the principles laid down by this court in Saurabh Jain v. State of Kerala (2011 (2) KLT 646) there will be a direction to the 2nd respondent to permit the first petitioner in W.P.C.17458/11 and the petitioners in W.P.C.16265/11 and 19609/11 to periodically participate in the counselling for admission to the Medical Post Graduate super specialty courses, which shall be conducted based on merits and ignoring clause V of the Prospectus. Post after two weeks. ANTONY DOMINIC, JUDGE ul/-