High Court Kerala High Court

Aneesh S. Anand vs The Commissioner For Engrance on 18 November, 2009

Kerala High Court
Aneesh S. Anand vs The Commissioner For Engrance on 18 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 28163 of 2009(M)


1. ANEESH S. ANAND, AGED 23 YEARS,
                      ...  Petitioner

                        Vs



1. THE COMMISSIONER FOR ENGRANCE
                       ...       Respondent

2. THE DIRECTOR OF MEDICAL EDUCATION,

3. THE STATE OF KERALA, REPRESENTED

4. INDIAN NURSING COUNCIL REPRESENTED

5. THE CHIEF SECRETARY TO THE GOVT,.

                For Petitioner  :SRI.V.JAYAPRADEEP

                For Respondent  :SRI.NOUSHAD THOTTATHIL,SC,INDIAN NURSIN

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :18/11/2009

 O R D E R

P.N. RAVINDRAN, J.

– – – – – – – – – – – – – – – – – – – – – –

W.P.(C) Nos.28163, 29110, 29141,
29348 & 29746 of 2009

– – – – – – – – – – – – – – – – – – – – – – – –

Dated 18th November, 2009.

These writ petitions are filed aggrieved by the

rearrangement of the rank list prepared for admission to the M.Sc.

Degree course in Nursing. In the prospectus as approved by the

Government, in paragraph 7.4 it was stipulated that all candidates

under general merit shall have to secure 50% marks in the entrance

examination conducted by the Commissioner for Entrance

Examinations, Kerala. As regards scheduled caste/scheduled tribe

candidates the stipulation was that they shall have to secure 40% in

the entrance examination. After the rank list was prepared, the

Government issued G.O. (Rt.) No.2776/H&FWD dated 25.9.2009

modifying the terms of paragraph 7.4 of the prospectus. The

stipulation regarding cut off marks was dispensed with. These writ

petitions were thereupon filed challenging the said Government order

and the alteration of the rank based on the Government order dated

25.9.2009.


W.P.(C)Nos.28163/2009
& connection                       -2-

2. When this writ petition came up for hearing today,

Sri.P.Narayanan, the learned Government Pleader appearing for the

respondents submitted that the Government have by G.O. (Rt.)

No.3332/09/H&FWD Dated 16.11.2009 cancelled the G.O.

No.2776/H&FWD dated 25.9.2009 and restored paragraph 7.4 of the

prospectus. A copy of the Government order was made available to

me and the same is incorporated in the records. In view of the G.O.

dated 16.11.2009, the petitioners cannot have any subsisting

grievance. The Government have in the order dated 16.11.2009

directed the Commissioner for Entrance Examinations to revive and

publish the rank list originally prepared by him based on the

unamended stipulation in the prospectus and also to fill up seats in the

manner suggested therein. In such circumstances, no further orders

are called for in these writ petitions. They are accordingly closed with

a direction to the Commissioner for Entrance Examinations to act as

directed by the Government in the G.O. dated 16.11.2009.

P.N. RAVINDRAN
Judge

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