Kerala High Court
Dr. Asha.R.Nair vs State Of Kerala on 16 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 16TH DAY OF MARCH 2021 / 25TH PHALGUNA, 1942
WP(C).No.4451 OF 2021(F)
PETITIONER/S:
DR. ASHA.R.NAIR
AGED 33 YEARS
W/O.MANU B., ROHINI, KOTTIYODE, ATTINGAL PO,
TRIVANDRUM 695 101
BY ADVS.
SRI.C.UNNIKRISHNAN (KOLLAM)
SRI.D.JAYAKRISHNAN
SMT.SHARON S.V.
SRI.BASIL AJITH
RESPONDENT/S:
1 STATE OF KERALA
REP.BY THE SECRETARY, HIGHER EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT, TRIVANDRUM 695 001.
2 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS
5TH FLOOR, HOUSING BOARD BUILDING, SANTHI NAGAR,
TRIVANDRUM 695 001.
3 THE DISABILITY ASSESSMENT
COMMITTEE OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O.,
REP.BY ITS CHAIRPERSON, TRIVANDRUM 695 001.
4 THE DEPARTMENT OF SOCIAL JUSTICE
REP.BY THE SECRETARY, GOVERNMENT SECRETARIAT,
TRIVANDRUM 695 001.
5 ADDL.R5.UNION OF INDIA
REPRESENTED BY THE SECRETARY, MINISTRY OF AYUSH,
AYUSH BHAVAN, B BLOCK, GPO COMPLEX, INA, NEW DELHI -
110023.
6 ADDL.R6.THE SECRETARY
MINISTRY OF HEALTH AND FAMILY WELFARE, NEAR UDYOG
BHAWAN METRO STATION, MAULANA AZAD ROAD, NEW DELHI -
110011.
7 ADDL.R7.CENTRAL COUNCIL OF MEDICINE,
REPRESENTED BY ITS SECRETARY, JAWAHAR LAL NEHRU
WP(C).No.4451 OF 2021(F) 2
BHARTIYA CHIKITSAAVAM, HOMEOPATHY ANUSANDHAN
BHAWAN, 61-65, INSTITUTIONAL AREA, JANAKPURI 'D'
BLOCK, NEW DELHI-110058. ADDL. R5 TO R7 ARE
IMPLEADED AS PER ORDER DATED 25.02.2021 IN IA NO.
1/2021 IN WPC 4451/2021.
R2 BY GOVERNMENT PLEADER
R5 BY SHRI.TITUS MANI VETTOM, SC, MEDICAL COUNCIL
OF INDIA
R5-6 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
SRGP.SRI.V.MANU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.4451 OF 2021(F) 3
JUDGMENT
Dated this the 16th day of March 2021
This Writ Petition is filed by a person with mental disability,
claiming admission in the quota reserved for the Person with
Disability, challenging the denial of the admission under above quota.
The learned Government Pleader on instructions, submitted that
all the seats for the Post Graduate Course in Ayurveda Degree in the
Government colleges have already been filled up.
Therefore, there is no purpose in considering the Writ Petition.
The Writ petition is accordingly closed.
SD/-
(P.V.ASHA, JUDGE)
rps/
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF DISABILITY
NO.C2-7058/2018/GHT DATED 13.7.2008 ISSUED
BY THE GENERAL HOSPITAL, TRIVANDRUM.
EXHIBIT P2 TRUE COPY OF TREATMENT CERTIFICATE DATED
7.7.2018 ISSUED FROM THE KIMS HOSPITAL,
TRIVANDRUM
EXHIBIT P3 TRUE COPY OF THE DEGREE CERTIFICATE
NO.350921 DATED 18.6.2012 ISSUED BY THE
UNIVERSITY OF THE CALICUT.
EXHIBIT P4 TRUE COPY OF COURSE AND CONDUCT CERTIFICATE
NO.15 DATED 28.5.2012, ISSUED BY THE VISHNU
AYURVEDHA COLLEGE, SHORANUR.
EXHIBIT P5 TRUE COPY OF INTERNSHIP CERTIFICATE DATED
21.1.2012 ISSUED BY THE VISHNU AYURVEDA
COLLEGE.
EXHIBIT P6 TRUE COPY OF CERTIFICATE OF REGISTRATION
NO.12551 DATED 5.4.2017, ISSUED BY THE
TRAVANCORE COCHIN COUNCIL OF INDIAN SYSTEMS
OF MEDICINE.
EXHIBIT P7 TRUE COPY OF THE EXPERIENCE CERTIFICATE
NO.PAMC/ADM/118/14 DATED 8.12.2014, ISSUED
BY EXECUTIVE DIRECTOR, PANKAJAKSTHURI
AYURVEDA MEDICAL COLLEGE.
EXHIBIT P8 TRUE COPY OF EXPERIENCE CERTIFICATE DATED
4.10.2016 BY P.VELAYUDHAN VAIDYAN MEMORIAL
VAIDYASALA AND AYURVEDA RHEUMATIC CENTRE.
EXHIBIT P9 TRUE COPY OF ORDER NO.A2-5434/2018 DATED
30.11.2018 ISSUED BY THE DISTRICT MEDICAL
OFFICER, AYUSH, KOLLAM.
EXHIBIT P10 TRUE COPY OF CANDIDATE DETAILS OF
PETITIONER'S ROLL NO.KL17000056 FOR ALL
INDIA AYUSH POSTGRADUATE ENTRANCE TEST 2020
EXHIBIT P11 TRUE COPY OF THE CONFIRMATION PAGE FOR
APPLICATION NO.7100483 DATED 2.1.2021
EXHIBIT P12 TRUE COPY OF RESULT FOR ROLL NO.100483
PUBLISHED ON WWW.CEE.KERALA.GOV.IN.
EXHIBIT P13 TRUE COPY OF NOTICE NO.CEE/1600/PG
AYURVEDA-2020/TA1 DATED 6.1.2021 ISSUED BY
THE 2ND RESPONDENT.
EXHIBIT P14 TRUE COPY OF THE RELEVANT PAGES PROSPECTUS
FOR ADMISSION TO THE POST GRADUATE COURSES
IN AYURVEDA VACHASPATHI MD (AY)/AYURVED
DHANWANTHARI MS(AY)-2020-21.
EXHIBIT P15 TRUE COPY OF JUDGMENT DATED 25.1.2021 IN
WPC NO.27225 OF 2020 OF THIS HON'BLE COURT.
EXHIBIT P16 TRUE COPY OF CENTRAL COUNCIL OF INDIAN
MEDICINE (CCIM) GUIDELINES DATED 18.6.2019,
EXHIBIT P17 TRUE COPY OF PRESS RELEASE NO.CEE/2601/PG
AYURVEDA-2020/TA1 DATED 03.03.2021 ISSUED
BY THE 2ND RESPONDENT.
RESPONDENT'S/S EXHIBITS:
ANNEXURE R2(A) A TRUE PHOTOCOPY OF THE LIST OF OPTIONS
EXERCISED BY THE PETITIONER FOR THE FIRST
PHASE OF ALLOTMENT OF PG AYURVEDA, 2020-21.
ANNEXURE R2(B) A TRUE PHOTOCOPY OF THE LIST OF OPTIONS
EXERCISED BY THE PETITIOENR FOR THE SECOND
PHASE OF ALLOTMENT OF PG AYURVEDA 2020-21.
ANNEXURE R2(C) A TRUE PHOTOCOPY OF THE LIST OF OPTIONS
EXERCISED BY THE PETITIONER FOR THE MOP UP
PHASE OF ALLOTMENT OF PG AYURVEDA 2020-21.
ANNEXURE R2(D) A TRUE PHOTOCOPY OF NOTIFICATION
NO.CEE/2601/PG AYURVEDA/2020/TA1 DATED
07.01.2021 ISSUED BY THE SECOND RESPONDENT
COMMISSIONER FOR ENTRANCE EXAMINATIONS.
ANNEXURE R2(E) A TRUE PHOTOCOPY OF THE NOTIFICATION
NO.CEE/2601/PG-AYURVEDA/2020-TA1 DATED
10.01.2021 ISSUED BY THE 2ND RESPONDENT.
ANNEXURE R2(F) A TRUE PHOTOCOPY OF NOTIFICATION
NO.CEE/2601/PG-AYURVEDA/2020-TA1 DATED
16.01.2021 ISSUED BY THE 2ND RESPONDENT
COMMISSIONER FOR ENTRANCE EXAMINATIONS.
ANNEXURE R2(G) A TRUE PHOTOCOPY OF NOTIFICATION
NO.CEE/2601/PG-AYURVEDA/2020-TAI DATED
21.01.2021 ISSUED BY THE 2ND RESPONDENT
COMMISSIONER FOR ENTRANCE EXAMINATIONS.
ANNEXURE R2(H) A TRUE PHOTOCOPY OF NO.CEE/2601/PG-
AYURVEDA/2020-TA1 DATED 01.02.2021 ISSUED
BY THE SECOND RESPONDENT COMMISSIONER FOR
ENTRANCE EXAMINATIONS.
ANNEXURE R2(I) A TRUE PHOTOCOPY OF NOTIFICATION
NO.CEE/2601/PG-AYURVEDA/2020-TA1 DATED
14.02.2021 ISSUED BY THE SECOND RESPONDENT
COMMISSIONER FOR ENTRANCE EXAMINATIONS.
ANNEXURE R2(J) A TRUE PHOTOCOPY OF NOTIFICATION
NO.CEE/2601/PG-AYURVEDA/2020-TA1 DATED
29.12.2020 ISSUED BY THE SECOND RESPONDENT
COMMISSIONER FOR ENTRANCE EXAMINATIONS.
ANNEXURE R2(K) A TRUE PHOTOCOPY OF INDIAN MEDICINE CENTRAL
COUNCIL (POST GRADUATE AYURVEDA EDUCATION)
REGULATIONS 2016.
ANNEXURE R2(L) A TRUE PHOTOCOPY OF INDIAN MEDICINE CENTRAL
COUNCIL (POST GRADUATE AYURVEDA EDUCATION)
AMENDMENT REGULATIONS 2019.
ANNEXURE R2(M) A TRUE PHOTOCOPY OF THE AMENDMENT
NOTIFICATION DATED 04.02.2019 ISSUED BY
BOARD OF GOVERNORS, IN SUPERSESSION OF THE
ERSTWHILE MEDICAL COUNCIL OF INDIA.
ANNEXURE R2(N) A TRUE PHOTOCOPY OF THE AMENDMENT
NOTIFICATION DATED 13.05.2019 ISSUED BY THE
BOARD OF GOVERNORS, IN SUPERSESSION OF THE
ERSTWHILE MEDICAL COUNCIL OF INDIA.
ANNEXURE R2(O) A TRUE PHOTOCOPY OF THE JUDGMENT OF THE
HON'BLE APEX COURT IN VIDHI HIMMAT KATARIYA
AND OTHER VS.STATE OF GUJARAT AND OTHER,
2019(10)SCC 20.
ANNEXURE R2(P) A TRUE PHOTOCOPY OF THE JUDGMENT OF THE
HONOURABLE HIGH COURT OF KERALA IN W.P.
(C)NO.23657 OF 2017.
ANNEXURE R2(Q) A TRUE PHOTOCOPY OF THE JUDGMENT OF THE
HONOURABLE HIGH COURT OF KERALA IN WRIT
APPEAL NO.1852 OF 2017.
ANNEXURE R2(R) A TRUE PHOTOCOPY OF THE RECORD OF
PROCEEDINGS OF THE HONOURABLE APEX COURT IN
SPECIAL LEAVE TO APPEAL (C) NO.25875/2017.
ANNEXURE R2(S) A TRUE PHOTOCOPY OF THE JUDGMENT OF THE
HONOURABLE APEX COURT IN CIVIL APPEAL
NO.8512 OF 2018.
ANNEXURE R2(T) A TRUE PHOTOCOPY OF THE JUDGMENT OF THE
HONOURABLE HIGH COURT OF KERALA IN
WP(C)NO.16743 OF 2019.
ANNEXURE R2(U) A TRUE PHOTOCOPY OF THE JUDGMENT OF THE
HONOURABLE HIGH COURT OF KERALA IN WRIT
APPEAL NO.1694 OF 2019.
ANNEXURE R2(V) A TRUE PHOTOCOPY OF THE JUDGMENT OF THE
HONOURABLE HIGH COURT OF KERALA IN WRIT
APPEAL NO.1729 OF 2018.
ANNEXURE R2(W) A TRUE COPY OF THE RECORD OF PROCEEDINGS OF
THE HONOURABLE APEX COURT IN SPECIAL LEAVE
TO APPEAL (C) NO.25250/2018.
//TRUE COPY// PA TO JUDGE
