Kerala High Court
State Of Kerala vs By Advs. Sri. K.P.Dandapani (Sr.) on 3 February, 2018
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 30TH DAY OF MAY 2018 / 9TH JYAISHTA, 1940
WP(C).No. 16754 of 2018
PETITIONER(S)
DR. SHINU C. KURIAN,
SHAJU NIVAS,
KANNANALLOOR P.O.,
KOLLAM - 691 576.
BY ADVS. SRI. K.P.DANDAPANI (SR.)
SRI. MILLU DANDAPANI
RESPONDENT(S):
1. STATE OF KERALA
REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO
GOVERNMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM -695 001.
2. THE COMMISSIOENER FOR ENTRANCE EXAMINATIONS,
HOUSING BOARD BUILDINGS,
SANTHI NAGAR, THIRUVANANTHAPURAM -695 001.
3. PUSHPAGIRI INSTITUTE OF MEDICAL SCIENCES
AND RESEARCH CENTRE,
THIRUVALLA, PIN-689 101.
R1 & 2 BY SENIOR GOVT. PLEADER, SRI. V. MANU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-05-2018,
THE COURT ON 30-05-2018 DELIVERED THE FOLLOWING:
P.T.O
WP(C).No. 16754 of 2018 (T)
APPENDIX
PETITIONER(S)' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ADMIT CARD FOR NEET-PG EXAMINATION,
REFERRED TO IN THE WRIT PETITION (CIVIL).
EXHIBIT P2 TRUE COPY OF RELEVANT PAGES OF PROSPECTUS FOR ADMISSION TO PG
MEDICAL COURSES, ALONG WITH G.O(MS) NO. 38/2018/H&FWD DATED
3-2-2018, REFERRED TO IN THE WRIT PETITION (CIVIL).
EXHIBIT P3 TRUE COPY OF NOTIFICATION, BEARING NO.CEE/4245/PGM-
2018/TA3 DATED 19-04-2018, REFERRED TO IN THE WRIT PETITION (CIVIL).
EXHIBIT P4 TRUE COPY OF G.O(RT) NO.1416/2018/H&FWD DATED 28-04-2018 ISSUED BY
THE 1ST RESPONDENT.
EXHIBIT P5 TRUE COPY OF ALLOTMENT MEMO DATED 9-5-2018, REFERRED
TO IN THE WRIT PETITION(CIVIL).
EXHIBIT P6 TRUE COPY OF THE PAYMENT SLIP EVIDENCING PAYMENT OF RUPEES
1,05,000/- IN FAVOUR OF THE 2ND RESPONDENT.
EXHIBIT P6(A) TRUE COPY OF THE BANK RECEIPT VOUCHER EVIDENCING PAYMENT
OF RS. 9,45,000/- TO THE COLLEGE, REFERRED TO IN THE WRIT PETITION (CIVIL).
EXHIBIT P7 TRUE COPY OF G.O.(RT) NO. 1574/2018/H&FWD DATED 9-5-2018 ISSUED BY THE
1ST RESPONDENT.
EXHIBIT P8 TRUE COPY OF NOTIFICATION NO.CEE/4245/PGM/2018/TA3 DATED
10-05-2018 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE LIST OF VACANT SEATS PUBLISHED BY THE
2ND RESPONDENT ON 12/5/2018.
EXHIBIT P10 TRUE COPY OF THE ALLOTMENT LIST OF MOP-UP COUNSELING, DATED
14-5-2018 PUBLISHED BY THE 2ND RESPONDENT.
RESPONDENTS EXHIBITS:
EXHIBIT R2(A) TRUE PHOTOCOPY OF GAZETTE OF INDIA DATED 05.04.2018
//TRUE COPY//
P.S. TO JUDGE
St/-
SHAJI P. CHALY, J.
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W.P.(C) No.16754 of 2018
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Dated this the 30th day of May, 2018
JUDGMENT
This writ petition is filed by the petitioner, who has completed her MBBS course from Dr. Somerville Memorial CSI Medical College, Karakonam during the year 2016, and she is a Post Graduate degree aspirant, seeking to quash Exts.P7, P8 and P10, which according to the petitioner, are interfering with Ext.P2 Prospectus issued by the State Government for admission to Medical Post Graduate Degree/Diploma Courses- 2018-19, approved as per the Government Order dated 03.03.2018. Material facts for the disposal of the writ petition are as follows:
2. Petitioner appeared for NEET-PG Examinations-
2018 conducted by the National Board of Examinations on 07.01.2018 at Alappuzha, evident from Ext.P1 admit card. In the examination, petitioner secured qualifying marks and became eligible for admission to PG Medical Courses. Petitioner obtained NEET score of 483 and State rank of 2622. The State Government issued Ext.P2 Prospectus for admission W.P.(C) No.16754 of 2018 2 to Medical PG Degree/Diploma courses, 2018-19. In Ext.P2, as per Clause 10-1.18, the scheme of Mop-Up Round is stipulated, which read thus:
b