IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 WP(C).No. 16377 of 2009(N) ---------------------------------------- PETITIONER(S): ------------------------- 1. DR.ARUN.N., AGED 30 YEARS, S/O.N.NARAYANA PANICKER, DEVASWOM PARAMBU, KOTTAMKULANGARA, AVALUKUNNU P.O., ALAPPUZHA. 2. DR.MANOJ.N., AGED 32 YEARS, S/O.N.NARAYANA PANICKER, DEVASWOM PARAMBU, KOTTAMKULANGARA, AVALUKUNNU P.O., ALAPPUZHA. 3. DR.THUSHARA.A., AGED 31 YEARS, D/O.APPU, 'SOWPARNIKA', KURIKKILAD POST, VATAKARA, KOZHIKODE. 4. DR.PRAMOD.P.C., AGED 33 YEARS, S/O.P.S.CHANDRAN, PERUMPULLISSERY, PUTHIYEDOM, KAYAMKULAM, ALAPPUZHA DIST. 5. DR.MURALEEKRISHNAN.K.T., AGED 30 YEARS, S/O.K.GOVINDANKUTTY NAIR, KANGOOL HOUSE, MEDICAL COLLEGE POST, CALICUT. 6. DR.SHAJU MATHEW, AGED 31 YEARS, S/O.A.C.MATHEW, T.C.76/1218, BHAGATSINGH ROAD, D-35, PETTA P.O., THIRUVANANTHAPURAM. 7. DR.SUNIL HASSAN KOYA, AGED 31 YEARS, S/O.B.A.HASSAN KOYA, REMYA, WEST OF ZACHARIA BAZAR, CIVIL STATION WARD, ALAPPUZHA. 8. DR.MUHAMMED SAFEER.M., AGED 31 YEARS, S/O.DR.MOHAMMED RAFEEQUE, MYTHRI, STADIUM WARD, ALAPPUZHA. Kss ..2/- ..2..... WPC.NO.16377/2009 N 9. DR.ANOOPKUMAR.S., AGED 38 YEARS, S/O.K.SADANANDAN NAIR, 'VAISAKH', T.C.42/881(1), SREENAGAR-20, VALLAKKADAVU, THIRUVANANTHAPURAM. BY ADVS. MR.G.PRIYADARSAN THAMPI, MR.V.GOPIKRISHNA. RESPONDENT(S): -------------------------- 1. THE DIRECTOR, DIRECTORATE OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 2. THE COMMISSIONER FOR COMMON ENTRANCE EXAMINATION, HOUSING BOARD BUILDINGS, SHANTHI NAGAR, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY SECRETARY, HEATH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. THE MEDICAL COUNCIL OF INDIA (MCI)., REPRESENTED BY ITS SECRETARY, POCKET 14, SECTOR 8, DWARAKA PHASE -1, NEW DELHI-110 075. R1 TO R3 BY SR.GOVERNMENT PLEADER MR. HOOD T.B. R4 BY ADV. MR.ALEXANDER THOMAS, SC, MCI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.16377/2009 N APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE NOTIFICATION DTD. 23/05/2009 ISSUED BY THE COMMISSIONER FOR ENTRANCE EXAMINATION. P2: COPY OF THE PROSPECTUS OF THE YEAR 2009 ISSUED BY THE DIRECTOR OF MEDICAL EDUCATION. P3: COPY OF THE PROSPECTUS FOR ADMISSION FOR THE POST OF GRADUATE SUPERSPECIALITIES COURSES, KERALA 2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss V.GIRI, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No.16377 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of June, 2009 J U D G M E N T The Principal challenges in this writ petition is against sub clause (iii), (iv) and (v) of Clause III(a) of the prospectus for admission to the Super Speciality Medical Course 2009. Recording the submission of the learned Government Pleader that the Government has decided to delete the aforementioned clauses, I have disposed of a batch of writ petitions namely WP(C) No.15671/09, 15733/09 and connected cases directing the said clauses to be deleted from the prospectus. 2. Learned Government Pleader points out that the petitioners 1 and 5 have not produced and proof to show that they have passed the qualifying examination. 3. Learned counsel for the petitioner submits that they have actually passed and they shall produce proof regarding that before the Commissioner of Entrance Examination. WPC.No.16377 OF 2009 : 2 : 4. In the result the petitioners shall be permitted to appear in the Entrance Examination. In so far as petitioners 1 and 5 are concerned they shall also be permitted to appear in the Entrance Examination and the Commissioner of Entrance Examination shall thereafter verify whether they were legible to appear in the examination as on the date of the notification of the prospectus. If they are found to be eligible, then their results shall also be declared. Writ petition is disposed as above. (V.GIRI, JUDGE) jma