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2002 Supreme(Ker) 446

K.A.ABDUL GAFOOR
The Association Of Kerala Jews – Appellant
Versus
State of Kerala – Respondent


Judgment :-

First petitioner is an association of Jews, a minority community and the second petitioner is a member of that community. Second petitioner aspires for admission to M.B.B.S.Degree Course. Second petitioner appeared in the entrance examination. It is an admitted case before me that one seat is reserved for Anglo Indian community and Jewish community for alternative years. This year the reservation is available to a member of Jewish community. Only in the absence of such a member, it will go to Anglo Indian community. Second petitioner has passed the entrance test. But the petitioner may not be getting admission on the basis of para 5.2 (1) of the prospectus. The said clause deals with claims for special reservation. The reservation for Jews or Anglo Indian comes within the special reservation. This is an admitted position. The said clause 5.2(i) reads as follows:

"In the case of special reservations seats earmarked for MBBS course which are filled on the basis of the rank in the Entrance Examination, only candidates who have scored rank upto 5 fold of the total number of seats sanctioned in the State for MBBS course before the commencement of the allotment process 2002, a

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