IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1694 of 2010()
1. T.V.ATHIRA, THAYYIL HOUSE,
... Petitioner
Vs
1. AMITHA.T.A., C.K.HOUSE NO.58,
... Respondent
2. THE PRINCIPAL SECRETARY,
3. STATE OF KERALA, REPRESENTED BY ITS
4. THE SECRETARY,
5. THE SECRETARY TO GOVERNMENT,
6. THE MEDICAL COUNCIL OF INDIA,
7. THE DIRECTOR OF MEDICAL EDUCATION,
8. THE COMMISSIONER FOR ENTRANCE
9. TINU.P RAVI, S/O.RAVEENDRAN.P.K.,
10. SNEHA JOHNY, D/O.JOHNY THANNICKAL,
11. SANDEEP SASI, S/O.SASEENDRAN M.S.,
12. JINCY JOSEPH, D/O.JOSEPH CHACKO,
13. ANJU.P.A., D/O.P.A.AJAYAKUMAR,
14. ARUN GEORGE, S/O.GEORGE.K.E.,
15. SONY C.CHERIAN, S/O.CHERIAN.C.ITTYCHERIA
16. ATHIRA VISWAM, D/O.R.VISWAMBARAN,
17. JEAN SUSAN JOSEPH, D/O.M.J.JOSEPH,
For Petitioner :SRI.KRB.KAIMAL (SR.)
For Respondent :SRI.K.R.RADHAKRISHNAN NAIR
The Hon'ble the Chief Justice MR.J.CHELAMESWAR
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :08/10/2010
O R D E R
J.Chelameswar, C.J. & P.R.Ramachandra Menon, J.
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W.A. Nos.1694, 1724 & 1725 of 2010 &
W.P.(C) No.23084 of 2010
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Dated this the 8th day of October, 2010
JUDGMENT
Ramachandra Menon, J.
All these writ appeals arise from a common interim order
dated 27th September, 2010 in I.A.Nos.13030, 13036 and 13181 of
2010 in W.P.(C) No.23084 of 2010 preferred by the petitioners
therein.
2. The factual matrix shows that, for filling up the seats
of MBBS and other professional courses, there was a common
entrance test wherein requisite number of seats were reserved in
favour of Scheduled Castes/Scheduled Tribes and such other eligible
classes. As per the Regulations stipulated by the Medical Council
of India, the Scheduled Tribes candidates who are entitled to the
benefit of reservation are required to have a minimum of 40%
marks in the Common Entrance Test, which was not satisfied by the
W.A.No.1694 of 2010, etc.
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candidates concerned and as such, the seats were to be filled up in
such other manner as prescribed, by considering the eligible
Scheduled Caste candidates. Taking note of the scope and
purpose of reservation, the State of Kerala proceeded with steps for
conducting a ‘Special Entrance Examination’ as per Ext.P7
Government Order, which in turn was subjected to challenge by the
petitioner in the writ petition who belongs to ‘Scheduled Caste’
community, raising a contention that the course pursued by the
State of Kerala is not correct or proper; that there is no provision
for any such ‘Special Entrance Examination’; that if the Scheduled
Tribes candidates are not available, then the said seats will go to the
Scheduled Caste community and if such an exercise is pursued, the
writ petitioner is sure to get admission to a seat for the MBBS
course.
3. After taking note of the submissions made by the
learned counsel for the writ petitioner, the learned Single Judge
passed an interim order staying the selection proceedings pursuant
to Ext.P7. The State of Kerala filed I.A.No.12689 of 2010 for
W.A.No.1694 of 2010, etc.
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vacating the said interim order which was dismissed as per order
dated 16.9.2010. In the course of the proceedings, the aggrieved
parties belonging to the Scheduled Tribes community sought
themselves to be impleaded in the writ petition and filed
I.A.No.13181 of 2010 to vacate the interim order. Some other
I.A.s were also filed by the petitioners raising additional grounds for
the parties concerned. Under such circumstances the learned Single
Judge thought it fit to consider the matter afresh and accordingly,
the matter was heard in detail. After hearing, the impugned order
was passed, holding that the course pursued by the State was
beyond the stipulations made by the Medical Council of India and it
was not sustainable, which in turn has been challenged by filing
W.A.No.1725 of 2010 by the State and in the other two writ appeals
filed by the aggrieved persons.
4. It is brought to the notice of this Court during the
course of hearing, particularly from the pleadings raised in
W.A.No.1724 of 2010, that the writ petitioner in the meanwhile
secured admission to the MBBS course by virtue of her status as a
W.A.No.1694 of 2010, etc.
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member of the ‘Scheduled Caste’ community and this being the
position, the matter has become infructuous. Learned counsel
appearing for the writ petitioner also submits that the writ petitioner
no more intends to pursue the writ petition, in any manner. In the
above circumstances, we called for the writ petition as well. The
writ petition is dismissed as not pressed.
5. The writ petition having been dismissed as not
pressed, no further orders are called for in these writ appeals and
these matters are closed accordingly. It is made clear that, we have
not expressed any opinion with regard to the merits of the case
involved or as to the sustainability of the course pursued by the
concerned respondents, which are left open.
J.Chelameswar,
Chief Justice
P.R.Ramachandra Menon,
Judge
vns