K.S.RADHAKRISHNAN, ANTONY DOMINIC
Sajan N. Menon – Appellant
Versus
State of Kerala – Respondent
Radhakrishnan, J.
These writ petitions have been placed before us on a reference made by a learned Single Judge of this court doubting the correctness of a judgment of a learned Single Judge in W.P.(C) No. 178 of 2005 and the decision of a Division Bench in Mohan v. Public Service Commission 1994 (2) K.L.T. 585 in view of the decision of the apex court in Dr. Dinesh Kumar and others v. Motilal Nehru Medical College, Allahabad and others A.I.R. 1985 S.C. 1059. Apex court in Dr. Dinesh Kumar and others case (supra) was dealing with a case of admission to MBBS Post Graduate Courses in Medical Faculty in Motilal Nehru Medical College, Allahabad. Court held it would be wholly unjust to grant the admissions to students by assessing their relative merits with reference to the marks obtained by them not at the same qualifying examination where standard of judging would be reasonably uniform but at different qualifying examinations held by different State Governments or Universities where the standard of judging would necessarily vary and not be the same and that would indeed he blatantly violative of the concept of equality enshrined in Article 14 of the Constitution.
2. A Divisi
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