Kerala High Court
Devika Jayadevan vs Government Of Kerala
Author: P.R.Ramachandra Menon
Bench: P.R.Ramachandra Menon, V Shircy
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
&
THE HONOURABLE MRS. JUSTICE SHIRCY V.
WEDNESDAY, THE 16TH DAY OF AUGUST 2017/25TH SRAVANA, 1939
WP(C).No. 24883 of 2017 (I)
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PETITIONERS :
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1. DEVIKA JAYADEVAN
AGED 20 YEARS, D/O. JAYADEVAN NAIR,
RESIDING AT ASHTAPATHY, ARANMULA P.O,
PATHANAMTHITTA.
2. SHAJAHAN SHAMS, AGED 20 YEARS,
S/O. A.V.SHAMSUDHEEN, SHEEBALAYAM,
CHENNARA P.O, PN 676 561,
MALAPPURAM DISTRICT.
3. SANA USMAN, AGED 20 YEARS,
D/O. USMAN K, KALLENTTINGAL HOUSE,
KADAMBODE P.O, MALAPPURAM DISTRICT.
4. SREELAKSHMI S, AGED 20 YEARS,
D/O. B.SASIKUMAR, VASANTHAM PUNNAKKADVIL,
P.O CHERAI, ERNAKULAM.
5. MUFEEDA M.M, AGED 20 YEARS,
D/O. M.P.MUHAMMED RAFI, MANNAMTHARA HOUSE,
POOPATHY P.O, THRISSUR 680 713.
6. ANZAL KABEER, AGED 21 YEARS,
S/O. KABEER, ASHIYANA, KAKKAKKUNNU P.O,
SOORANAD SOUTH, KOLLAM.
7. ASWATHY O, AGED 19 YEARS,
D/O. RAVI T.V, THAIVALAPPIL, NADAKKAVU,
THRIKKARIPPUR, UDINOOR P.O,
KASARAGOD DISTRICT, 671 310.
WP(C).No. 24883 of 2017 (I)
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8. MINNU G RAJAN, AGED 22 YEARS,
D/O. P. RAJU, PARUVACHIRAYIL,
NEERKUNNAM, VANDANAM P.O, ALAPPUZHA 5.
9. HENNA FATHIMA, AGED 20 YEARS,
D/O. M.E.ABDUL GAFOOR, MULLAVEETTIL HOUSE,
GURUVAYOORAPPAN COLLEGE P.O, CALICUT 14.
10. JIMNA K., AGED 20 YEARS,
D/O. SAJEEVKUMAR K, ANJANAM, NIDUVALUR,
CHUZHALI P.O, KANNUR DISTRICT.
11. AMEENA FARZANA S.,AGED 20 YEARS,
D/O. SHAJAHAN, AMEENA MANZIL, KOPPAM,
VITHURA P.O, THIRUVANANTHAPURAM.
BY ADV. SRI.M.K.CHANDRA MOHANDAS
RESPONDENTS :
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1. GOVERNMENT OF KERALA
REPRESENTED BY CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
2. THE ADMISSION SUPERVISORY COMMITTEE FOR
PROFESSIONAL COLLEGES IN KERALA
PRASANTH BUILDING, N.P APPAN ROAD,
VAZHUTHACAUD, THIRUVANANTHAPURAM 695 014,
REPRESENTED BY ITS CHAIRMAN.
3. COMMISSIONER FOR ENTRANCE EXAMINATION
GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM 695 001.
4. KARUNA MEDICAL COLLEGE
REPRESENTED BY ITS PRINCIPAL, VILAYODI,
CHITTOOR, PALAKKAD DISTRICT, 678 101.
R1 & R3 BY GOVERNMENT PLEADER
SRI.P.K.VIJAYAMOHANAN
R2 BY SMT.MARY BENJAMIN, SC,
R4 BY ADV. SRI.GEORGE POONTHOTTAM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16-08-2017, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
bp
WP(C).No. 24883 of 2017 (I)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1: COPY OF THE ORDER DATED 22.3.17 IN SPECIAL
LEAVE TO APPEAL [C] NO.[S] 32580-
32581/2016 PASSED BY THE HONOURABLE
SUPREME COURT OF INDIA.
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
bp
P.R.RAMACHANDRA MENON & SHIRCY V., JJ
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W.P.(C).NO.24883 OF 2017
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Dated this the 16th day of August, 2017
J U D G M E N T
P.R.RAMACHANDRA MENON, J The petitioners have approached this Court with the following prayers:
i) issue a writ of mandamus or any other appropriate writ, order or direction to the respondents 1,2 and 3 that in case the respondent Karuna Medical College enter into an agreement as envisaged under Ordinance No.14/2017, include petitioners under Government merit seat category.
ii) Declare that the petitioners are entitled to be treated as students admitted under Government merit seat category in the respondent Karuna Medical College during the academic year 2017-18.
iii) Declare that the petitioners do not come under the category of students under management quota in the admission for the academic year 2017-18 in respondent Karuna Medical College;
iv) Grant such other reliefs, as this Hon'ble Court may deem fit and proper under the given facts and circumstances of the case.
2. Heard Sri.M.K.Chandramohan Das, the learned counsel for the petitioners, Sri.George Poonthottam, who is appearing for the 4th respondent and the learned Government Pleader.
3. During the course of hearing, it is brought to the W.P.(C).NO.24883 OF 2017 2 notice of this Court by the learned counsel appearing for the petitioners that no agreement has been executed by the respondent, Karuna Medical College with the Government. If this be the position, the prayers raised by the petitioners are rather in respect of an anticipatory cause of action and it is premature and it does not deserve to be considered.
In the said circumstance, interference is declined and the writ petition is dismissed, without prejudice to the right of the petitioners to claim the fees structure payable for the present academic year as ordered by the 'Admission Supervisory Committee (ASC)/Fee Regulatory Committee (FRC)' or by this Court/Hon'ble Supreme Court, as the case may be.
Sd/-
P.R.RAMACHANDRA MENON JUDGE Sd/-
SHIRCY V. JUDGE //True Copy\\ P.A to Judge IAP