IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 WA.No. 1816 of 2006() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.19808/2006 Dated 29/09/2006 .................... APPELLANT(S): 9TH RESPONDENT ---------------------------- DR.MURALI RAJ,N., S/O.K.NARAYANAN KUTTY, AGED 30 YEARS, PONGALIL HOUSE, VGRA P.O., PERUMBAVOOR, ERNAKULAM. BY ADV. SRI.ANIL THOMAS(T) SMT.K.V.RESHMI SRI.ARUL GEORGE SCARIA RESPONDENT(S): --------------- 1. PRAVEEN S.LAL, "SREEPATHAM", PONGUMMOODU, MEDICAL COLLEGE, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 4. THE PRINCIPAL, MEDICAL COLLEGE, THIRUVANANTHAPURAM. 5. THE SECRETARY, NATIONAL ACADEMY OF MEDICAL (RING ROAD), ANSARI NAGAR, NEW DELHI. 6. THE CONTROLLER OF EXAMINATIONS, NATIONAL BOARD OF EXAMINATIONS, MINISTRY OF HEALTH & FAMILY WELFARE, GOVERNMENT OF INDIA, MAHATMA GANDHI MARG (RING ROAD), ANSARI NAGAR, NEW DELHI. 7. DR.PRIYA.S., T.C.25/3448, (UR-20), UPPALAM ROAD, STATUE, TRIVANDRUM. 2 8. DR.SUMA SYAMKUMAR, USHUS, ASOK LANE, ALUVA, ERNAKULAM. 9. DR.RESMI.M., RESMI BHAVAN, S.N.PURAM, PAVITHRESWARAM P.O., PUTHUR, KOTTARAKKARA, KOLLAM. 10. DR.BRIJI.S.PANIKER, D/O.REGHUNATHA PANIKER, BIJINI, T.C.27/867-1. ATHANI LANE, VANCHIYOOR, TRIVANDRUM. 11. DR.SUNI C.S., C.S.NIVAS, KULATHUR, UCHAKKADA P.O., TRIVANDRUM. 12. DR.SUNI.K.AKBAR, T.C.14/1924, PALAYAM, TRIVANDRUM. 13. DR.RAJASREE.O., ANAND HOUSE, HOUSE NO.XXI/205, SANGEETHA NAGAR, PANGAPPARA P.O., TRIVANDRUM. 14. DR.REKHA.S.NAIR, KADAMBARI, B4, PILLAVEEDU NAGAR, KESAVADASAPURAM, TRIVANDRUM. 15. DR.SMITH.R.B., T.C.4/173/9, KRA-D68, J.V.C.GARDENS, KURAVANKONAM, VAYALIKKADA, KAWDIYAR, TRIVANDRUM. 16. DR.KRISHNA MOHAN.R., CHANDRATHARA, NARIPPIL, PAPPANAMKODU, TRIVANDRUM. 17. DR.SANAL KUMAR.S., POURNAMI, MRA 37, PONGUMOODU, TRIVANDRUM. 18. DR.KUMAR GOPAL VENU, S/O.B.VENU GOPAL, AGED 26, ANAND GIRI, V.H.54, KORAVANKONAM, KOWDIAR P.O., TRIVANDRUM. ADV. SRI.JOHN VARGHESE, ASSISTANT SG SRI.PIRAPPANCODE V.SREEDHARAN NAIR SRI.PIRAPPANCODE V.S.SUDHIR SRI.ELVIN PETER P.J. FOR R1 R2 TO R4 BY G.P. SRI. P.K. BABU. SHRI.GEORGE ZACHARIA( ERUTHICKAL), CGC FOR R5 & R6 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 09/12/2009, ALONG WITH WA NO. 1817 OF 2006 WA NO. 1821 OF 2006 AND WA NO. 2096 OF 2006 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- W.A. Nos. 1816,1817,1821 & 2096 OF 2006 -------------------------------------------- Dated this the 9th day of December, 2009 JUDGMENT Ramachandran Nair, J. The question raised in these Writ Appeals is whether the learned single Judge was justified in interfering with the provision in the prospectus issued by the Trivandrum Medical College providing 10 weightage marks for those who studied in the said College for the purpose of admission to the Diplomate Course of National Board conducted by the National Board of Examinations. Under interim orders of this Court, all were allowed to continue and they completed the course. Therefore we feel that those who have successfully completed the course should be awarded degree irrespective of whether preference given to those who studied in Trivandrum Medical College was right or wrong. We dispose of these appeals declaring the eligibility to get degree certificate by those who have successfully completed the course. However, we make it clear that this judgment 2 should not be interpreted as our endorsing the preference shown by the Trivandrum Medical College by awarding 10 additional marks to the students who studied there while making selection. The judgment of the learned single Judge will therefore stand for selection in future. (C.N.RAMACHANDRAN NAIR) Judge. (V.K. MOHANAN) Judge. kk 3