IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 WP(C).No. 2590 of 2008(S) --------------------------------------- PETITIONER(S): --------------------------- PRINCE THOMAS, ROSE GARDENS, P.B.O.A.ROAD, NEAR PRIVATE BUS STAND, ALUVA, ERNAKULAM DISTRICT. BY ADV. MR.KALEESWARAM RAJ RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER FOR ENTRANCE EXAMINATION, THIRUVANANTHAPURAM. 3. ADMISSION SUPERVISORY COMMITTEE, (FOR SELF FINANCING COLLEGES), REPRESENTED BY THE MANAGER, ADMISSION SUPERVISORY COMMITTEE, (JUSTICE P.A.MUHAMMED COMMITTEE), OLD HIGH COURT BUILDING, ERNAKULAM. 4. KERALA PRIVATE MEDICAL COLLEGES MANAGER ASSOCIATION, REPRESENTED BY THE SECRETARY, KERALA PRIVATE MEDICAL COLLEGE MANAGEMENT ASSOCIATION, THIRUVANANTHAPURAM. 5. MAHATMA GANDHI UNIVERSITY, KOTTAYAM, REPRESENTED BY THE REGISTRAR, MAHATMA GANDHI UNIVERSITY, KOTTAYAM. 6. UNIVERSITY OF CALICUT, REPRESENTED BY THE REGISTRAR, UNIVERSITY OF CALICUT, THENHIPALAM, MALAPPURAM DISTRICT. Kss ..2/- ...2..... WPC.NO.2590/2008 S 7. AMALA INSTITUTE OF MEDICAL SCIENCES, REPRESENTED BY THE PRINCIPAL, AMALA INSTITUTE OF MEDICAL SCIENCES, AMALAGIRI, THRISSUR. 8. JUBILEE MISSION MEDICAL COLLEGE & RESEARCH INSTITUTE, REPRESENTED BY THE PRINCIPAL, JUBILEE MISSION MEDICAL COLLEGE & RESEARCH INSTITUTE, THRISSUR. 9. MALANKARA ORTHODOX SYRIAN CHURCH MEDICAL COLLEGE, REPRESENTED BY THE PRINCIPAL, MALANKARA ORTHODOX SYRIAN CHURCH MEDICAL COLLEGE, KOLENCHERRY. 10. PUSHPAGIRI INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE, REPRESENTED BY THE PRINCIPAL, PUSHPAGIRI INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE, THIRUVALLA. 11. FEE REGULATORY COMMITTEE (FOR SELF FINANCING COLLEGES), REPRESENTED BY ITS MANAGER, FEE REGULATORY COMMITTEE (FOR SELF FINANCING COLLEGES), OLD HIGH COURT BUILDING, ERNAKULAM. 12. SALMAN MOHAMMED ABDUL SALAM, 1ST YEAR MBBS STUDENT, PUSHPAGIRI INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE, REPRESENTED BY THE PRINCIPAL, PUSHPAGIRI INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE, THIRUVALLA. *ADDL.R13 IS IMPLEADED: R13. MEDICAL COUNCIL OF INDIA, REPRESENTED BY THE SECRETARY, MEDICAL COUNCIL OF INDIA, NEW DELHI. (*ADDL.R13 IS IMPLEADED AS PER ORDER DTD. 30/01/2009 IN I.A.NO.8616/2008) R1 & R2 BY GOVERNMENT PLEADER SMT. K.MEERA R3 BY ADV.MR.ALEXANDER THOMAS, SC, MCI R5 BY ADV.MR. T.A. SHAJI, SC, M.G.UNIVERSITY R6 BY ADV.MR.P.C.SASIDHARAN, SC, CALICUT UTY. R9 BY MR.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE, R9 BY ADV.MR.TONY GEORGE KANNANTHANAM R10 BY MR.SATHISH NINAN, MR.SANTHOSH MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.2590/2008 S APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RANKED LIST. EXT.P2: COPY OF THE COMMUNITY WISE RANKED LIST OF CHRISTIAN CANDIDATES. EXT.P3: COPY OF THE REPRESENTATION DTD. 3/10/2007 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P4: COPIES OF THE 4TH ROUND ALLOTMENT OF LIST PUBLISHED BY THE 4TH RESPONDENT. EXT.P5: COPY OF THE NEWS REPORT WHICH APPEARED IN MALAYALA MANORAMA DAILY DTD. 9/10/2007. EXT.P6: COPY OF THE JUDGMENT DTD. 11/10/2007 IN WP(C) NO.30125 OF 2007. EXT.P7: COPY OF THE APPLICATION FILED BY FATHER OF THE PETITIONER UNDER SECTION 6 OF THE RIGHT TO INFORMATION ACT TO THE PUBLIC INFORMATION OFFICER UNDER THE 7TH RESPONDENT. EXT.P8: COPY OF THE APPLICATION FILED BY FATHER OF THE PETITIONER UNDER SECTION 6 OF THE RIGHT TO INFORMATION ACT TO THE PUBLIC INFORMATION OFFICER UNDER THE 8TH RESPONDENT. EXT.P9: COPY OF THE APPLICATION FILED BY FATHER OF THE PETITIONER UNDER SECTION 6 OF THE RIGHT TO INFORMATION ACT TO THE PUBLIC INFORMATION OFFICER UNDER THE 9TH RESPONDENT. EXT.P10: COPY OF THE APPLICATION FILED BY FATHER OF THE PETITIONER UNDER SECTION 6 OF THE RIGHT TO INFORMATION ACT TO THE PUBLIC INFORMATION OFFICER UNDER THE 10TH RESPONDENT. EXT.P11: COPY OF THE APPLICATION FILED BY FATHER OF THE PETITIONER UNDER SECTION 6 OF THE RIGHT TO INFORMATION ACT TO THE PUBLIC INFORMATION OFFICER UNDER THE 6TH RESPONDENT. EXT.P12: COPY OF THE APPLICATION FILED BY FATHER OF THE PETITIONER UNDER SECTION 6 OF THE RIGHT TO INFORMATION ACT TO THE PUBLIC INFORMATION OFFICER UNDER THE 5TH RESPONDENT. Kss ..2/- ..2..... WPC.NO.2590/2008 S EXT.P13: COPY OF THE REPLY DTD. 20/11/2007 ISSUED BY 9TH RESPONDENT. EXT.P14: COPY OF THE REPLY DTD. 21/11/2007 ISSUED BY 7TH RESPONDENT. EXT.P15: COPY OF THE APPLICATION DTD. 3/10/2007 FILED BY PETITIONER'S FATHER. EXT.P16: COPY OF THE REPLY DTD. 25/10/2007 ISSUED BY 3RD RESPONDENT COMMITTEE. EXT.P17: COPY OF THE APPEAL DTD. 2/11/2007 FILED BEFORE THE 3RD RESPONDENT COMMITTEE. EXT.P18: COPY OF THE PETITION DTD. 16/11/2007 FILED BY THE PETITIONER. EXT.P19: COPY OF THE PETITION DTD. 7/12/2007 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P20: COPY OF THE ORDER DTD. 10/12/2007 ISSUED BY THE 3RD RESPONDENT COMMITTEE. EXT.P21: COPY OF THE APPLICATION DTD. 17/12/2007. EXT.P22: COPY OF THE REPLY DTD. 26/12/2007 ISSUED BY THE 4TH RESPONDENT. EXT.P23: COPY OF THE LETTER DTD. 31/12/2007 TOGETHER WITH NAMES OF STUDENTS ADMITTED DURING THE ACADEMIC YEAR 2006-07. EXT.P24: COPY OF THE FINAL ALLOTMENT LIST PUBLISHED IN THE INTERNET BY THE MANAGEMENT ASSOCIATION. EXT.P25: COPY OF THE LETTER TO THE 3RD RESPONDENT. EXT.P26: COPY OF THE NOTICE DTD. 26/09/2007. EXT.P27: COPY OF THE REPRESENTATION DTD. 15/01/2008 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT COMMITTEE WITH COPY TO THE 1ST RESPONDENT. EXT.P28: COPY OF THE NEWS REPORT WHICH APPEARED IN MALAYALA MANORAMA DAILY DTD. MAY 24,25,27 AND 28 OF 2008. Kss ..3/- ...3.... WPC.NO.2590/2008 S EXT.P29: COPY OF THE LIST OF STUDENTS ADMITTED IN 2007-2008 WHO DID NOT OBTAIN THE MINIMUM REQUIRED QUALIFYING MARKS IN THE ENTRANCE EXAMINATION. RESPONDENT'S ANNEXURES: ANNEXURE 1: COPY OF CHART SHOWING THE DETAILS OF STUDENTS ADMITTED IN THE 7TH RESPONDENT'S COLLEGE. ANNEXURE II: COPY ...OF....DO.... IN THE 8TH RESPONDENT'S COLLEGE. ANNEXURE III: COPY OF ....DO..... IN THE 9TH RESPONDENT'S COLLEGE. ANNEXURE R10(1): LIST OF STUDENTS ADMITTED IN THE 10TH RESPONDENT COLLEGE. ANNEXURE R10(2): COPY OF THE LIST OF OPEN MERIT CANDIDATES REPORTED FOR ADMISSION DURING THE FINAL ALLOTMENT ON 27/09/07. ANNEXURE R10(3): COPY OF THE LIST OF CHRISTIAN MERIT CANDIDATES REPORTED FOR ADMISSION DURING THE FINAL ALLOTMENT ON 27/09/07. ANNEXURE R10(4): COPY OF THE LIST OF STUDENTS ADMITTED ON 27/09/07. ANNEXURE R10(5): CIOPY OF THE LIST OF WAITING LIST AS ON 27/09/07. ANNEXURE R10(6): COPY OF THE LIST OF STUDENTS ADMITTED ON 29/09/07 FROM THE WAITING LIST. ANNEXURE R10(7): COPY OF THE JUDGMENT IN WP(C) NO.29517/07. ANNEXURE R13(1): COPY OF RELEVANT PORTION OF THE REGULATIONS ON GRADUATE MEDICAL EDUCATION, 1997. ANNEXURE R13(2): COPIES OF THE LETTER DTD. 21/09/2007 LETTER DTD. 9/10/2007 ALONG WITH LIST OF STUDENTS ADMITTED TO 1ST YEAR MBBS COURSE FOR THE YEAR 2007-08 AND LETTER DTD. 15/05/2008. ANNEXURE R13(3): COPIES OF THE LETTERS DTD. 30/05/2008 AND 3/7/2008. ANNEXURE R13(4): COPY OF THE LETTER DTD. 28/07/2008. ANNEXURE R13(5): COPIES OF LETTER TD. 3/10/2007 ALONGWITH LIST OF STUDENTS ADMITTED TO 1ST YEAR MBBS COURSE FOR THE YEAR 2007-08 AND LETTER DTD. 8/08/2008. Kss ..4/- .....4..... WPC.NO.2590/2008 S ANNEXURE R13(6): COPIES OF THE LETTER DTD. 12/10/2007 ALONGWITH LIST OF STUDENTS ADMITTED TO 1ST YEAR MBBS COURSE FOR THE YEAR 2007-08 AND LETTER DTD. 10/05/2008. ANNEXURE R13(7): COPIES OF LETTER DTD. 21/05/2008 AND 17/06/2008. ANNEXURE R13(8): COPIES OF LETTER DTD. 4/10/2007 ALONGWITH LIST OF STUDENTS ADMITTED TO 1ST YEAR MBBS COURSE FOR THE YEAR 2007-08 AND LETTER DTD. 20/08/2008. ANNEXURE R13(9): COPY OF DECISION DTD. 1/08/2007 PASSED BY HON'BLE MADHYA PRADESH HIGH COURT IN THE CASE OF DR. V.K.JAIN V/s STATE OF M.P. /TRUE COPY/ P.A.TO JUDGE Kss J.B.KOSHY, Ag.C.J. & V.GIRI, J. -------------------------------------- W.P(C).No.2590 of 2008 ------------------------------------- Dated 30th January, 2009 JUDGMENT Koshy, Ag.C.J . Petitioner applied for MBBS Course in Self Financing Colleges during the period 2007-08. He did not get admission as he did not get 50% marks. The contention of the petitioner is that a number of ineligible candidates were given admission. Learned counsel appeared for Medical Colleges submitted that the admission pattern itself was changed and from 2008-09 the Colleges are taking aggregate of the academic marks and entrance examination marks and they are strictly following the mandates of the Medical Council. There are disputes regarding the admissions of 2007- 08 pending before the Supreme Court. Being a Public Interest Litigation and since the counsel for the Medical Colleges stated that they will abide by the regulations in future, no further orders are necessary in this writ petition. The writ petition is dismissed. J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE tks