IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 WP(C).No. 17294 of 2011(J) ------------------------------------- PETITIONER(S): --------------------- GIFTY ANN MATHEWS, D/O.MATHEW K.D., AGED 18 YEARS, KARIATTI VILLA, PARAVATTANI, CHRISTIAN STREET, THRISSUR, KERALA. BY ADVS. SRI.K.M.FIROZ SMT.M.SHAJNA RESPONDENT(S): ------------------------- 1. THE MEDICAL COUNCIL OF OF INDIA, POCKET 14, SECTOR-8, DWARAKA PHASE-1, NEW DELHI, REPRESENTED BY ITS SECRETARY, PIN-110 001. 2. THE ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL COLLEGES, RAM MOHAN PALACE, OLD HIGH COURT BUILDING, HALL NO.8, ERNAKULAM KOCHI-31, REPRESENTED BY ITS MEMBER SECRETARY, PIN-682 031. 3. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 4. THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001. 5. THE SECRETARY, KERALA CHRISTIAN PROFESSIONAL COLLEGE MANAGEMENT FEDERATION, RAJAGIRI SCHOOL OF ENGINEERING AND TECHNOLOGY, RAJAGIRI VALLEY P.O., KAKKANAD, KOCHI-682 039. R1 BY ADV. SRI.ALEXANDER THOMAS, SC, MCI R2 BY ADV. SRI.S.KRISHNAMOORTHY R3 & R4 BY GOVT.PLEADER SRI.JOSEPH GEORGE R5 BY SRI.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE & ADVS.SRI.TONY GEORGE KANNANTHANAM SRI.JIJI THOMAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AV WPC.NO.17294/2011 APPENDIX P1 : COPY OF THE KERALA STATE ENTRANCE EXAMINATION SCORE CARD OF THE PETITIONER ISSUED BY THE FOURTH RESPONDENT COMMISSIONER OF ENTRANCE EXAMINATION. P2 : COPY OF THE SCORE SHEET OF SENIOR SCHOOL CERTIFICATE EXAMINATION (CLASS-XII), 2011 (CBSE) IN RESPECT OF THE PETITIONER. P3 : COPY OF THE NOTICE DATED 04.04.2011 ISSUED BY THE SECOND RESPONDENT COMMITTEE TO THE FIFTH RESPONDENT. P4 : COPY OF THE REPLY DATED 06.04.2011 OF THE FIFTH RESPONDENT FEDERATION SUBMITTED BEFORE THE SECOND RESPONDENT COMMITTEE. P5 : COPY OF THE NOTICE DATED 30.04.2011 OF THE SECOND RESPONDENT COMMITTEE TO THE FIFTH RESPONDENT FEDERATION. P6 : COPY OF THE OBJECTION SUBMITTED BY THE FIFTH RESPONDENT FEDERATION DATED 05.05.2011. P7 : COPY OF THE ORDER ISSUED BY THE SECOND RESPONDENT COMMITTEE ON 07.05.2011. P8 : COPY OF THE PROSPECTUS FOR MBBS ADMISSION 2011-12 DATED 18.05.2011 PUBLISHED BY THE FIFTH RESPONDENT. P9 : COPY OF THE APPLICATION DATED 28.05.2011 OF THE PETITIONER FOR MBBS ADMISSION BEFORE THE FIFTH RESPONDENT FEDERATION. P9(a) : COPY OF THE ACKNOWLEDGEMENT OF THE APPLICATION OBTAINED FROM THE MEMBER COLLEGE OF THE FEDERATION. P10 : COPY OF THE RELEVANT PAGES OF THE PROVISIONAL RANK LIST OF OPEN MERIT PUBLISHED IN THE WEBSITE OF THE FIFTH RESPONDENT FEDERATION. P11 : COPY OF THE RELEVANT PAGES OF COMPARATIVE TABLE PREPARED BY THE PETITIONER SHOWING HER RANK AMONTH THE APPLICANTS BEFORE THE FIFTH RESPONDENT FEDERATION AS PER COMMON ENTRANCE TEST MARKS. P12 : COPY OF THE INTERIM ORDER DATED 17.05.2011 PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.13362 OF 2011. P13 : COPY OF THE INSTRUCTIONS TO CANDIDATE RECENTLY PUBLISHED IN THE WEBSITE OF THE FIFTH RESPONDENT FEDERATION. P14 : COPY OF THE RELEVANT PORTION OF MCI REGULATIONS ON GRADUATE MEDICAL EDUCATION, 1997. P15 : COPY OF THE ORDER DATED 24.09.2010 OF THE SECOND RESPONDENT COMMITTEE FOR THE YEAR 2010-11. P16 : COPY OF THE LIST OF CANDIDATES PREPARED BY THE PETITIONER SHOWING THE DETAILS OF CANDIDATES HAVING LESSER RANK THAN THE PETITIONER IN THE COMMON ENTRANCE TEST RPOVISIONALLY SELECTED BY THE FIFTH RESPONDENT FEDERATION. AV WPC.17294/2011 P17 : COPY OF THE PROVISIONAL ALLOTMENT LIST NO.1 (PUSHPAGIRI MEDICAL COLLEGE), PROVISIONAL ALLOTMENT LIST NO.2 (PUSHPAGIRI MEDICAL COLLEGE), PROVISIONAL ALLOTMENT LIST NO.2 (AMALA MEDICAL COLLEGE), PROVISIONAL ALLOTMENT LIST NO.6 (JUBILEE MEDICAL COLLEGE) PUBLISHED BY THE FEDERATION IN THE WEBSITE (MEDICAL ADMISSION AUTOMATION SYSTEM.) RESPONDENT'S EXHIBITS : R-1(A) : COPY OF THE JUDGMENT DATED 10.10.2009 PASSED BY LD.DIVISION BENCH OF THE HON'BLE HIGH COURT OF GUJARAT AT AHMEDABAD IN SCA NO.9526/09 – CHOWDHARY NAVIN HEMABHAI & ORS V/S.STATE OF GUJARAT & ORS. R-1(B) : COPY OF THE JUDGMENT OF THE HON'BLE SUPREME COURT IN SLP(c) NO.29216/09 – CHOWDHURY NAVIN HEMABHAI AND OTHERS VS. STATE OF GUJARAT AND OTHERS REPORTED IN (2011) 3 SCC 617. R-5(A) : COPY OF THE RANK LIST OF CANDIDATES ELIGIBLE FOR ADMISSION IN THE CATEGORY “ARCH DIOCESE OF TRICHUR” R-5(B) : COPY OF RANK LIST PUBLISHED IN THE OPEN MERIT OF ALL 296 CANDIDATES. R-5(C) : COPY OF THE REVISED SHORT LIST IN THE OPEN MERIT PREPARED AND PUBLISHED IN WEBSITE ON 21-09-2011 R-5(D) : COPY OF THE COMMUNITY MERIT OF KCPCMF WAITING LIST. R-5(E) : COPY OF THE SYRO MALABAR MERIT OF KCPCMF WAITING LIST. R-5(F) : COPY OF THE TOTAL LIST OF CANDIDATES ADMITTED IN COLLEGES UNDER THE 5TH RESPONDENT. /TRUE COPY/ P.A TO JUDGE AV ANTONY DOMINIC, J ....................................................... W.P.(C).17294/2011 .............................................. Dated this the 16th day of November, 2011 JUDGMENT Writ petition has been filed challenging the admission procedure adopted by the fifth respondent and the rank list finalised by it for admission in respect of MBBS Course, 2011-12, to its member Colleges. 2. When the writ petition came up for admission on 30.6.2011, an undertaking was given on behalf of the fifth respondent,which reads as under:- “Mr.Kurian George Kannanthanam, the learned senior counsel appearing for the petitioner in W.P.(C).13362/2011, submits that, even if the case of the petitioner in W.P.(C). 17294/2011 is accepted, the chance for getting admission to the said petitioner is rather remote and that in any view of the matter, steps will be taken to see that the chance of the petitioner, if he succeeds, is not overtaken or lost under any circumstance, by giving allotment to any lesser eligible candidate.” 3. Subsequently, after hearing the parties at length, this Court again passed order dated 30.9.2011, the operative portion of which reads as under - W.P.(C).17294/11 2 “Though no violation of the 'undertaking is primarily established, taking note of the particular facts and circumstances and the specific nature of the pleadings and prayers with regard to the relevant provisions of law, this Court finds it fit and proper to order by way of an interim measure, that if at all any vacancy is there in any of the colleges under the Federation as on this day for MBBS, the petitioner student (Gifty Ann Mathew) shall be given admission provisionally in the event that the six persons who are stated as standing above the petitioner student do not have a claim for any such admission.” 4. Despite all the above, petitioner could not gain admission to any of the member Colleges of the fifth respondent and the last date set forth by the MCI for making admission to MBBS course namely 30.9.2011, has also expired. 5. Therefore at this stage, no useful purpose will be served in keeping the writ petition pending. Writ petition is accordingly closed. ANTONY DOMINIC, Judge mrcs /true copy/ P.A. To Judge