Kerala High Court
Greeshma Sonny vs The Commissioner For Entrance ... on 19 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 19TH DAY OF MARCH 2021 / 28TH PHALGUNA, 1942
WP(C).No.7074 OF 2021(H)
PETITIONER:
GREESHMA SONNY
AGED 21 YEARS
D/O. SONNY THOMAS, RESIDING AT MUTHALAKUZHIYIL HOUSE,
MOONNILAVU P.O., KOTTAYAM DISTRICT, PIN-686 586.
BY ADVS.
SRI.M.V.THAMBAN
SRI.R.REJI
SMT.THARA THAMBAN
SRI.B.BIPIN
SRI.ARUN BOSE
RESPONDENTS:
1 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS KERALA
HAVING ITS OFFICE AT 5TH FLOOR,
HOUSING BOARD BUILDINGS, SANTHI NAGAR,
THIRUVANANTHAPURAM, KERALA-695 001.
2 MES DENTAL COLLEGE
REPRESENTED BY ITS CHAIRMAN, PALACHODE P.O.,
KOLATHUR VIA, MALAPARAMBA, PERINTHALMANNA,
MALAPPURAM DISTRICT, PIN-679 338.
3 THE REGISTRAR
MES DENTAL COLLEGE, PALACHODE P.O., KOLATHUR VIA,
MALAPARAMBA, PERINTHALMANNA,
MALAPPURAM DISTRICT, PIN-679 338.
4 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
5 THE SENIOR MANAGER
FEDERAL BANK LTD., MOONNILAVU BRANCH,
MOONNILAVU (PO), KOTAYAM DISTRICT, PIN-686 588.
WP(C).No.7074 OF 2021(H)
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6 THE ADMISSION SUPERVISORY COMMITTEE FOR MEDICAL
EDUCATION IN KERALA
HEAD OFFICE, T.C.15/1553-4, PRASANTH BUILDINGS,
M.P. APPAN ROAD, VAZHUTHACAD, THIRUVANANTHAPURAM,
PIN-695 014, REPRESENTED BY ITS CHAIRMAN.
OTHER PRESENT:
SPL GP.SRI.M.A.ASIF,
SRI.R.T.PRADEEP, SC.,
SRI.BABU KARUKAPADATH, SC,
SRI.POULOCHAN ANTONY, SC,
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.7074 OF 2021(H)
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J U D G M E N T
While disposing of W.P.(C).No.26678 of 2019 as
per Ext.P3 judgment dated 19.02.2021 and while
permitting the petitioner to approach the Admission
Fee Regulatory Committee within a period of three
weeks, this Court had directed that the interim order
which was already passed on 20.01.2021 would continue
to enure to the benefit of the petitioner for a
period of four weeks. By Ext.P1 interim order, this
Court had directed respondents 2 and 3 to release to
the petitioner the originals of her mark list as also
migration certificate and other certificates on
furnishing a Bank Guarantee for Rs.4,00,000/-. As per
Ext.P2 order dated 20.01.2021 this Court had directed
that Bank Guarantee shall not be invoked till
30.01.2021. That interim order was extended for a
further period of 4 weeks as per Ext.P3 judgment
dated 19.02.2021.
WP(C).No.7074 OF 2021(H)
2. Learned counsel for the petitioner points
out that the said order would expire on 18.03.2021.
Though the petitioner had approached the Admission
Supervisory Committee for Medical Education-6 th
respondent submitting Ext.P4 application, it is
stated that the interim orders are not passed and the
said application stands posted to 27.03.2021.
3. I heard the learned counsel for the
petitioner, learned counsel appearing for respondents
2 and 3, learned Government Pleader as well as Shri.
R.T.Pradeep, learned Standing Counsel appearing for
the 6th respondent.
4. As the petitioner has already approached the
6th respondent and it is seen that there is no
likelihood of taking up the matter before 18.03.2021,
I deem it appropriate to direct that the interim
order referred to in the judgment Ext.P3 shall
continue to be in force till the disposal of Ext.P4
WP(C).No.7074 OF 2021(H)
application. In other words the Bank Guarantee shall
not be invoked till the disposal of Ext.P4
application. As the learned counsel for the second
respondent points out that Bank Guarantee will expire
in May, 2021, petitioner shall see that same gets
extended. There shall be a direction to the 5 th
respondent to dispose of Ext.P4 application within a
period of 'six months' from the date of receipt of a
copy of the judgment.
The writ petition is disposed of accordingly.
Sd/-
P.V.ASHA, JUDGE
AS
WP(C).No.7074 OF 2021(H)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE INTERIM ORDER DATED
1.11.2019 IN WPC NO.26678/2019.
EXHIBIT P2 TRUE COPY OF THE INTERIM ORDER DATED
20.1.2021 IN WPC NO.26678/2019.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED
19.2.2021 IN WPC NO.26678/2019.
EXHIBIT P4 TRUE COPY OF THE EXTRACT OF THE
COMPLAINT FILED BEFORE THE 6TH
RESPONDENT BY E-MAIL
EXHIBIT P5 TRUE COPY OF THE E-MAIL SENT REPORT
DATED 12.3.2021.
EXHIBIT P6 TRUE COPY OF THE LETTER
NO.ASC(P)28/2021/HO/TVPM/BDS/CEE/MES
DATED 17.3.2021 ISSUED BY THE 6TH
RESPONDENT.
