Devika S vs State Of Kerala
2023 Latest Caselaw 10741 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR. JUSTICE T.R.RAVI
 THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
                     WP(C) NO. 32813 OF 2023


PETITIONERS:

    1    ALL KERALA SELF FINANCING DENTAL COLLEGE
         MANAGEMENT CONSORTIUM, REPRESENTED BY ITS
         PRESIDENT, OFFICE OF THE INDIRA GANDHI INSTITUTE
         OF DENTAL SCIENCES, NELLIKKUZHI.P.O.
         KOTHAMANGALAM REG NO ER73/07, PIN - 686691
    2    AL AZHAR DENTAL COLLEGE,
         PERUMPILLICHIRA PO,THODUPUZHA, KERALA
         REP. BY ITS CHAIRMAN, PIN - 686681
         BY ADV P.M.SANEER



RESPONDENTS:

    1    STATE OF KERALA,
         REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH
         & FAMILY WELFARE DEPARTMENT GOVT. SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695001
   2     THE PRINCIPAL SECRETARY TO GOVERNMENT,
         HIGHER EDUCATION DEPARTMENT, GOVERNMENT
         SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001
   3     THE COMMISSIONER FOR ENTRANCE EXAMINATION,
         HOUSING BOARD BUILDING, SANTHI NAGAR,
         THIRUVANANTHAPURAM, PIN - 695001
   4     THE DIRECTOR OF MEDICAL EDUCATION,
         NANDAVANAM,VIKAS BHAVAN PO,
         THIRUVANTHAPURAM, PIN - 695003
*ADDL.R5 MEDICAL COUNSELLING COMMITTEE(MCC),
         DIRECTOR OF HEALTH AND FAMILY WELFARE,
         GOVERNMENT OF INDIA, NEW DELHI .
 WP(C) Nos.32813 & 32864 of 2023
                              -: 2 :-


*ADDL.R6 DENTAL COUNCIL OF INDIA,
         MINISTRY OF HEALTH AND FAMILY WELFARE, GOVERNMENT
         OF INDIA.
          * (ADDL R5 & ADDL R6 ARE SUO MOTU IMPLEADED AS PER
         ORDER DATED 11-10-2023 IN WP(C)NO.32813/2023.
        BY ADVS. Prakash M P
        SRI.P.G.PRAMOD, GOVERNMENT PLEADER(GP-50)



     THIS   WRIT   PETITION    (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 19.10.2023, ALONG WITH WP(C).32864/2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) Nos.32813 & 32864 of 2023
                            -: 3 :-




        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
           THE HONOURABLE MR. JUSTICE T.R.RAVI
 THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA,
                             1945
                  WP(C) NO. 32864 OF 2023
PETITIONERS:

    1     DEVIKA S, AGED 19 YEARS
          D/O UNNIKRISHNA PILLAI, KALLARACKAL (H),
          KANDALLOOR (N), PATOLLIMARKET POST.,
          PIN - 690531
    2     FATHIMA JUMANA P. P, AGED 18 YEARS
          D/O KUNHIMUHAMMED, PUTHENPEEDIYEKKAL (H),
          CHUNDAMPATTA POST, PATTAMBI, PALAKKAD.,
          PIN - 679337
    3     RIZWANA V. A, AGED 19 YEARS
          D/O ABDUL JALEEL, VAIPPIPADATH (H),
          KOORIKUZHI POST, KAIPAMANGALAM., PIN - 680681
          BY ADVS.
          P.M.RAFEEK
          U.NIDHIN
          SARA JOHN


RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          MINISTRY FOR HEALTH AND FAMILY WELFARE,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM., PIN - 695001
 WP(C) Nos.32813 & 32864 of 2023
                                 -: 4 :-


    2      COMMISSIONER OF ENTRANCE EXAMINATION,
           OFFICE OF THE COMMISSIONER OF ENTRANCE
           EXAMINATION, 5TH FLOOR, KSHB BUILDING,
           SS KOVIL ROAD, SANTHI NAGAR,
           THIRUVANANTHAPURAM, KERALA., PIN - 695001
           BY ADVS.
           SRI.P.G.PRAMOD, GOVERNMENT PLEADER(GP-50)


        THIS   WRIT   PETITION    (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 19.10.2023, ALONG WITH WP(C).32813/2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) Nos.32813 & 32864 of 2023
                            -: 5 :-




                   T.R.Ravi, J.
          ==============================
         WP(C) Nos.32813 & 32864 of 2023
            ==========================
     Dated this the 19th day of October, 2023

                          JUDGMENT

See the order dated 13-10-2023. This Court had,

based on the extension of date till 15-10-2023, directed

respondents 1 to 3 to extend the period specified in the

notification dated 28-09-2023, from 30-09-2023 to

15-10-2023. There is also a further direction to the

respondents to take steps for facilitating allotment

treating it as a stray vacancy stage, from the list which

has already been prepared.

When the case is taken up today, it is submitted

that the interim order has been given effect to and

allotments have been made from the list till 15-10-2023.

It is submitted that the Dental Council has further

extended the period for reporting at the College, till WP(C) Nos.32813 & 32864 of 2023

31-10-2023, and orders had been issued on 13-10-2023

permitting fresh registration from 14-10-2023 to 16-10-

2023 and processing of seat allotment from 17-10-2023

to 18-10-2023. The publication of the result is to be on

19-10-2023, i.e., today. In the said circumstances, no

further orders are required in these writ petitions.

Hence, the writ petitions are closed without any order on

the merits, making the interim order dated 15-10-2023

absolute.

Sd/- T.R.Ravi, Judge

amk WP(C) Nos.32813 & 32864 of 2023

APPENDIX OF WP(C) 32864/2023

PETITIONERS EXHIBITS Exhibit P1 TRUE COPY OF THE CANDIDATE'S DATA SHEET OF THE 1ST PETITIONER FROM THE KEAM PORTAL. Exhibit P2 APPLICATION ACKNOWLEDGEMENT ISSUED BY THE 2ND RESPONDENT FOR REGISTRATION IN KEAM PORTAL TO THE 2ND PETITIONER.

Exhibit P3 APPLICATION ACKNOWLEDGEMENT ISSUED BY THE 2ND RESPONDENT FOR REGISTRATION IN KEAM PORTAL TO THE 3RD PETITIONER.

Exhibit P4 SCORE CARD OF THE 2ND PETITIONER EVIDENCING THEIR SCORE OBTAINED IN NEET EXAMINATION. Exhibit P5 SCORE CARD OF THE 3RD PETITIONER EVIDENCING THEIR SCORE OBTAINED IN NEET EXAMINATION. Exhibit P6 TRUE COPY OF THE MEDICAL RESULT SHEET OF THE 1ST PETITIONER FROM KEAM PORTAL SHOWING HER ELIGIBILITY.

Exhibit P7 TRUE COPY OF CIRCULAR OF DENTAL COUNSEL OF INDIA DATED 01/09/2023.

Exhibit P8 TRUE COPY OF THE CIRCULAR ISSUED BY THE KERALA UNIVERSITY OF HEALTH AND SCIENCE DATED 4/09/2023.

Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 2/10/2023 MADE BY THE 1ST PETITIONER TO THE 2ND RESPONDENT.

Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 2/10/2023 MADE BY THE 2ND PETITIONER TO THE 2ND RESPONDENT.

Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED 30/09/2023 FILED BY THE 3RD TO THE 2ND RESPONDENT.

Exhibit P12 TRUE COPY OF THE PROSPECTUS WITH PHASE PAGE AND PAGE NUMBER 58 AND 59.

Exhibit P13 TRUE COPY OF THE NOTIFICATION DATED 17/3/2023 PUBLISHED BY THE 2ND RESPONDENT. WP(C) Nos.32813 & 32864 of 2023

APPENDIX OF WP(C) 32813/2023

PETITIONERS EXHIBITS Exhibit P1 A COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE REGISTRAR OF SOCIETY WITH REGISTRATION NO ER-73/07 DATED 7/2/2007 Exhibit P2 A COPY OF THE LIST OF MEMBERS IN THE ASSOCIATION Exhibit P3 A COPY OF GO(MS) NO.114/2023HEDN THIRUVANANTHAPURAM DATED 16/3/2023 ISSUED BY THE GOVERNMENT Exhibit P4 A TRUE COPY OF THE JUDGMENT IN WPC NO 11747/2023 DTD 5/4/2023 OF THIS HONOURABLE COURT ExhibitP5 A COPY OF THE NOTIFICATION NO. CEE 871/2022-

TA2 DATED 17/3/2023 ISSUED BY THE ENTRANCE COMMMISSIONER ExhibitP6 A CHART SHOWING THE PRESENT VACANCY POSITION IN THE MEMBERS COLLEGES Exhibit P7 A TRUE COPY OF THE NOTIFICATION NO CEE/363/2023-TA4 DTD 28/9/23 ISSUED BY THE ENTRANCE COMMISSIONER Exhibit P8 A TRUE COPY OF THE PUBLIC CIRCULAR NO DCI/ADMISSION/ADMSN/BDS/GEN/999/2023- 24/2023/3760 DTD 1/9/23 ISSUED BY THE DENTAL COUNCIL Exhibit P9 A TRUE COPY OF THE CIRCULAR NO 2023/24491/SO-

ACADEMIC-GEN-B/KUHS DTD 4/9/23 ISSUED BY THE UNIVERSITY Exhibit P10 A TRUE COPY OF THE REPRESENTATION NO AKSDCMC/24/2023 DTD 29/9/2023 SUBMITTED TO THE 1ST RESPONDENT Exhibit P11 A TRUE COPY OF THE REPRESENTATION NO AKSDCMC/24/2023 DTD 29/9/2023 SUBMITTED TO THE 3RD RESPONDENT