IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 10962 of 2009(M) -------------------------- PETITIONER(S): ------------------ SRI.SANKARA DENTAL COLLEGE, AKATHUMURI,VARKALA, THIRUVANANTHAPURAM DISTRICT, REP.BY ITS CHAIRMAN R.SHAJI. BY ADV. SRI. ANIL.K.NARENDRAN RESPONDENT(S): ------------------- 1. THE STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. ADMISSION SUPERVISORY & FEE REGULATORY COMMITTEE FOR PROFESSIONAL COLLEGES, RAM MOHAN PALACE,KOCHI-682 035, REP.BY ITS MEMBER SECRETARY. 3. ANOOP.J.P., 2ND YEAR BDS STUDENT, SRI.SANKARA DENTAL COLLEGE,AKATHUMURI, VARKALA,THIRUVANANTHAPURAM DISTRICT. 4. DEEPAK.D.R., 2ND YEAR BDS STUDENT, SRI.SANKARA DENTAL COLLEGE,AKATHUMURI, VARKALA,THIRUVANANTHAPURAM DISTRICT. 5. SARIN A.NIZAR, 2ND YEAR BDS STUDENT, SRI.SANKARA DENTAL COLLEGE,AKATHUMURI, VARKALA,THIRUVANANTHAPURAM DISTRICT. WPC NO.10962/09 -2- 6. ANAGHA.S., 2ND YEAR BDS STUDENT, SRI.SANKARA DENTAL COLLEGE,AKATHUMURI, VARKALA,THIRUVANANTHAPURAM DISTRICT. 7. ARCHA ANIL, 2ND YEAR BDS STUDENT, SRI.SANKARA DENTAL COLLEGE,AKATHUMURI, VARKALA,THIRUVANANTHAPURAM DISTRICT. 8. DIVYA CHANDRA, 2ND YEAR BDS STUDENT, SRI.SANKARA DENTAL COLLEGE,AKATHUMURI, VARKALA,THIRUVANANTHAPURAM DISTRICT. 9. SANUBA.K.S., 2ND YEAR BDS STUDENT, SRI.SANKARA DENTAL COLLEGE,AKATHUMURI, VARKALA,THIRUVANANTHAPURAM DISTRICT. 10. DARSANA KRISHNAN, 2ND YEAR BDS STUDENT, SRI.SANKARA DENTAL COLLEGE,AKATHUMURI, VARKALA,THIRUVANANTHAPURAM DISTRICT. 11. SOUMYA.G.S., 2ND YEAR BDS STUDENT, SRI.SANKARA DENTAL COLLEGE,AKATHUMURI, VARKALA,THIRUVANANTHAPURAM DISTRICT. 12. SOUMYA.L.S., 2ND YEAR BDS STUDENT, SRI.SANKARA DENTAL COLLEGE,AKATHUMURI, VARKALA,THIRUVANANTHAPURAM DISTRICT. 13. SONA J.LAL, 2ND YEAR BDS STUDENT, SRI.SANKARA DENTAL COLLEGE,AKATHUMURI, VARKALA,THIRUVANANTHAPURAM DISTRICT. 14. NABEELA BEEGUM, 2ND YEAR BDS STUDENT, SRI.SANKARA DENTAL COLLEGE,AKATHUMURI, VARKALA,THIRUVANANTHAPURAM DISTRICT. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 10962 OF 2009 (M) ===================== Dated this the 3rd day of April, 2009 J U D G M E N T The grievance in this writ petition filed by the Management of Dental College is regarding the proceedings initiated by respondents 3 to 14 before the 2nd respondent. The main contention raised by the petitioner is that the 2nd respondent lacks jurisdiction to entertain a complaint. 2. In a writ petition filed by another management raising identical contentions, as WP(C) No.9416/09, this Court in the judgment dated 24th of March 2009 took the view that if according to the petitioner, the Committee lacks jurisdiction, it is up to the petitioner to raise the issue before the Committee itself and request it to decide the issue as a preliminary one. Taking into account the above, this writ petition is also disposed of leaving it open to the petitioner to raise the issue of jurisdiction before the Committee itself and with a request to decide the same as a preliminary issue. ANTONY DOMINIC, JUDGE Rp