Dr.Arun Nair vs State Of Kerala
2022 Latest Caselaw 5318 Ker

Citation : 2022 Latest Caselaw 5318 Ker
Judgement Date : 20 May, 2022

Kerala High Court

Dr.Arun Nair vs State Of Kerala on 20 May, 2022

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
                  WP(C) NO. 12087 OF 2022
PETITIONER:

         DR.ARUN NAIR,
         AGED 24 YEARS,
         S/O. RAJEEV D. NAIR, RESIDING AT ANUGRAHA, F-1A
         (33/386A), M.A. SAJEEV ROAD, EDAPPALLY TOLL,
         ERNAKULAM-682 024.

         BY ADVS.
         SAJITH KUMAR V.
         VIVEK A.V.
         GODWIN JOSEPH
         REMYA VARMA N.K



RESPONDENTS:

    1    STATE OF KERALA,
         REPRESENTED BY SECRETARY TO THE GOVERNMENT,
         DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT OF
         KERALA, SECRETARIAT, THIRUVANANTHAPURAM.

    2    THE COMMISSIONER OF ENTRANCE EXAMINATION,
         O/O. THE COMMISSIONER FOR ENTRANCE EXAMINATIONS,
         HOUSING BOARD BUILDINGS, SANTHI NAGAR,
         THIRUVANANTHAPURAM- 695 001.

    3    THE DIRECTOR GENERAL OF HEALTH SERVICES,
         DIRECTORATE GENERAL OF HEALTH SERVICES, MEDICAL
         COUNSELLING COMMITTEE, GOVERNMENT OF INDIA,
         NIRMAN BHAVAN, NEW DELHI 110 108.

    4    UNION OF INDIA,
         REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
         MINISTRY OF HEALTH AND FAMILY WELFARE, GOVERNMENT
         OF INDIA, UDYOG BHAWAN, NEW DELHI 110 011.
 WP(C) NO. 12087 OF 2022            2




    5       THE PRINCIPAL,
            JUBILEE MISSION MEDICAL COLLEGE AND RESEARCH
            INSTITUTE, JUBILEE MISSION HOSPITAL, P.B. NO.
            737, THRISSUR DISTRICT 680 005.

    6       THE PRINCIPAL ,
            GOVERNMENT MEDICAL COLLEGE, GANDHINAGAR, KOTTAYAM
            DISTRICT- 686 008.

            SRI.P.G.PRAMOD, GOVERNMENT PLEADER


            SRI.MANU.S, ASGI




     THIS    WRIT   PETITION    (CIVIL)   HAVING    COME    UP    FOR
ADMISSION    ON   20.05.2022,   THE    COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 12087 OF 2022           3




                   P.V.KUNHIKRISHNAN, J.
                  ==================
                   W.P.(C) No.12087 of 2022
                  ==================
               Dated this the 20th day of May, 2022

                           JUDGMENT

This writ petition is filed seeking the following reliefs:

"I. To issue a Writ of Mandamus or other appropriate writ, order or direction commanding the Respondents 1 and 2 to issue notice/advisory/order similar to Exhibit P15 restoring the 2nd phase allotment under State Merit and to permit the petitioner and other similarly situated to join at colleges allotted to them in the 2nd phase of State Allotment within a timeframe to be fixed by this Hon'ble Court.

II. To issue a Writ of Mandamus or other appropriate writ, order or direction commanding the Respondents 1 and 2 to deem the resignation given by the Petitioner at Jubilee Mission Hospital, Thrissur to avail admission under Mop-up All India Quota as cancelled in the light of Exhibit P10, Exhibit P11 and Exhibit P12 and to permit the petitioner to continue his studies for M.S.General

Surgery at Jubilee Mission Medical College and Research Institute, Thrissur."

2. When this writ petition came up for consideration on

05.04.2022, this Court passed the following order:

"The Government Pleader seeks time to file statement. Post on 07.04.2022.

The seat of M.S.General Surgery earlier allotted to the petitioner should be kept vacant till then, if not already filled up."

3. Thereafter, when the matter came up for

consideration on 08.04.2022, this Court again passed the

following order:

"In view of the order dated 07.04.2022 of the Honourable Apex Court in W.P.(C) No.202 of 2022, there will be an interim order directing the respondents to permit the petitioner to rejoin in the 5th respondent-College forthwith.

Government Pleader to communicate the order today itself.

Post on 20.05.2022."

4. Now the learned counsel appearing for the

petitioner and the learned Government Pleader submitted

that the admission is over and the petitioner has already

been admitted.

In the light of the same, interim order dated

08.04.2022 is made absolute and this writ petition is closed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DSV/20.05.2022

APPENDIX OF WP(C) 12087/2022

PETITIONER'S EXHIBITS :

Exhibit P1 A TRUE COPY OF THE NOTIFICATION NO. REF.

U-12021/06/2021- MEC DATED 01.04.2022 ISSUED ON BEHALF OF THE 3RD RESPONDENT.

Exhibit P2 A TRUE COPY OF THE ORDER NO. REF. U-

11011/09/2021-MEC DATED 31.03.2022 ISSUED ON BEHALF OF THE 3RD RESPONDENT.

Exhibit P3 A TRUE COPY OF THE RELEVANT PAGES OF THE PROSPECTUS ISSUED AS PER G.O (MS) NO. 18/2022/H& FWD DATED 15.01.2022 ISSUED ON BEHALF OF THE 1ST RESPONDENT.

Exhibit P4 A TRUE COPY OF THE RELEVANT PAGES OF THE INFORMATION BULLETIN AND COUNSELLING SCHEME PUBLISHED ON BEHALF OF THE 3RD RESPONDENT.

Exhibit P5 A TRUE COPY OF THE 1ST PHASE ALLOTMENT MEMO DATED 31.01.2022 OF THE PETITIONER ISSUED ON BEHALF OF THE 2ND RESPONDENT.

Exhibit P6 A TRUE COPY OF THE 2ND PHASE ALLOTMENT MEMO DATED 03.03.2022 OF THE PETITIONER ISSUED ON BEHALF OF THE 2ND RESPONDENT.

Exhibit P7 A TRUE COPY OF THE ADMISSION SLIP NO. P 01/2021 DATED 03.02.2022 ISSUED BY THE 5TH RESPONDENT.

Exhibit P8 A TRUE COPY OF THE PROVISIONAL ADMISSION LETTER ISSUED ON BEHALF OF THE 3RD RESPONDENT.

Exhibit P9 A TRUE COPY OF THE ADMISSION CHIT DATED 28.03.2022 ISSUED ON BEHALF OF THE 6TH RESPONDENT.

Exhibit P10 A TRUE COPY OF THE ADVISORY NO. REF. U-

12021/06/2021- MEC DATED 16.03.2022 ISSUED ON BEHALF OF THE 3RD RESPONDENT.

Exhibit P11 A TRUE COPY OF THE VACANCY POSITION AT VARIOUS MEDICAL COLLEGES FOR PG MEDICAL UNDER STATE MERIT PUBLISHED IN THE WEBSITE OF THE 2ND RESPONDENT.

Exhibit P12 A TRUE COPY OF THE ORDER DATED 30.03.2022 IN W.P.C NO. 174/2022 OF THE HON'BLE SUPREME COURT.

Exhibit P13 A TRUE COPY OF THE ORDER DATED 31.03.2022 IN W.P.C NO. 174/2022 OF THE HON'BLE SUPREME COURT.

Exhibit P14 A TRUE COPY OF THE PETITION DATED 01.04.2022 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT THROUGH EMAIL.

Exhibit P15 A TRUE COPY OF THE NOTICE NO. 10 FOR NEET PG 2021 DATED 01.04.2022 ISSUED BY THE STATE COMMON ENTRANCE TEST CELL, GOVERNMENT OF MAHARASHTRA.