High Court Kerala High Court

Dr.Murali Raj vs Praveen S.Lal on 9 December, 2009

Kerala High Court
Dr.Murali Raj vs Praveen S.Lal on 9 December, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 1816 of 2006()


1. DR.MURALI RAJ, S/O.K.NARAYANAN KUTTY,
                      ...  Petitioner

                        Vs



1. PRAVEEN S.LAL, "SREEPATHAM",
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

3. THE DIRECTOR OF MEDICAL EDUCATION,

4. THE PRINCIPAL, MEDICAL COLLEGE,

5. THE SECRETARY, NATIONAL ACADEMY

6. THE CONTROLLER OF EXAMINATIONS, NATIONAL

7. DR.PRIYA.S., T.C.25/3448,

8. DR.SUMA SYAMKUMAR, USHUS,

9. DR.RESMI.M., RESMI BHAVAN,

10. DR.BRIJI.S.PANIKER, D/O.REGHUNATHA

11. DR.SUNI C.S., C.S.NIVAS, KULATHUR,

12. DR.SUNI.K.AKBAR, T.C.14/1924, PALAYAM,

13. DR.RAJASREE.O., ANAND HOUSE,

14. DR.REKHA.S.NAIR, KADAMBARI,

15. DR.SMITH.R.B., T.C.4/173/9,

16. DR.KRISHNA MOHAN.R., CHANDRATHARA,

17. DR.SANAL KUMAR.S., POURNAMI,

18. DR.KUMAR GOPAL VENU, S/O.B.VENU GOPAL,

                For Petitioner  :SRI.ANIL THOMAS(T)

                For Respondent  :SRI.JOHN VARGHESE, ASSISTANT SG

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice V.K.MOHANAN

 Dated :09/12/2009

 O R D E R
                  C .N. RAMACHANDRAN NAIR &
                          V.K. MOHANAN, JJ.
                  --------------------------------------------
                       W.A. Nos. 1816,1817,1821
                             & 2096 OF 2006
                  --------------------------------------------
               Dated this the 9th day of December, 2009

                               JUDGMENT

Ramachandran Nair, J.

The question raised in these Writ Appeals is whether the learned

single Judge was justified in interfering with the provision in the

prospectus issued by the Trivandrum Medical College providing 10

weightage marks for those who studied in the said College for the

purpose of admission to the Diplomate Course of National Board

conducted by the National Board of Examinations. Under interim

orders of this Court, all were allowed to continue and they completed

the course. Therefore we feel that those who have successfully

completed the course should be awarded degree irrespective of whether

preference given to those who studied in Trivandrum Medical College

was right or wrong. We dispose of these appeals declaring the

eligibility to get degree certificate by those who have successfully

completed the course. However, we make it clear that this judgment

2

should not be interpreted as our endorsing the preference shown by the

Trivandrum Medical College by awarding 10 additional marks to the

students who studied there while making selection. The judgment of

the learned single Judge will therefore stand for selection in future.

(C.N.RAMACHANDRAN NAIR)
Judge.

(V.K. MOHANAN)
Judge.

kk

3