2008 Supreme(Ker) 404
Judgename : S.SIRI JAGAN
P.Fathimma Haneena - Appellant
Versus
State Of Kerala - Respondents
Case No : WP(C).No.22499 of 2008(C)
Decided On : 08/05/2008
Headnote:
Kerala Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of non-exploitative fee and other measures to ensure Equity and Excellence in Professional Education) Act, 2006 - Section 6 - As is common knowledge, there are several Self-financing Medical Colleges in Kerala, the mode of admission to which is in a nebulous state for the past few years because of the dispute regarding seat sharing between the Government and the Managements of the Self-financing Medical Colleges - Held, Government shall also actively see that the colleges conduct the admission procedure as per the above directions, giving necessary assistance to the Admission Supervisory Committee, and if it is found that the admission procedure so adopted by any of the unaided institutions or group of institutions fails to satisfy the tests prescribed by the Supreme Court of India as directed in paragraph 137 of P.A. Inamdar's case (supra), the State shall take over the admission process substituting its own procedure - Petition allowed.
The petitioner is a student who aspires for admission to medical colleges in Kerala during this year. She has appeared in the Common Entrance Test conducted by the Commissioner of Entrance Examinations of the Government of Kerala and is included as rank no.1503 in the rank list prepared pursuant thereto. As is common knowledge, there are several Self-financing Medical Colleges in Kerala, the mode of admission to which is in a nebulous state for the past few years because of the dispute regarding seat sharing between the Government and the Managements of the Self-financing Medical Colleges. Six of the Self-Financing Medical Colleges in Kerala entered into Ext. P1 agreement with the Government regarding seat sharing with a fee pattern in excess of what has been fixed by the Fee Regulatory Committee appointed by the Government of Kerala under Section 6 of the Kerala Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of non-exploitative fee and other measures to ensure Equity and Excellence in Professional Education) Act, 2006 (hereinafter referred to as Act 19 of 2006). The legality and validity of that agreement is under challenge before this Court in W.P(C) No. 21155/2008 filed by the petitioner herself. In that writ petition, an interim order has been passed directing that in the 35% management seats to be filled up as per the said agreement, pending approval of the agreement by the Supreme Court, for which approval the Government has already approached the Supreme Court, fees shall be collected only as per the fees prescribed by the Fee Regulatory Committee. Originally, for this year, the six medical colleges had decided to make admission to the management quota seats also from the rank list prepared and published by the Commissioner of Entrance Examinations in the Common Entrance Test conducted by the Government of Kerala. However, the 5th respondent through the 6th respondent, by a notification dated 5-7-2008 published in two Malayalam daily newspapers namely, the Kerala Kaumudi and the Desabhimani, invited applications for admission to MBBS course in the six medical colleges mentioned above. Along with the application form, the prospectus for admission was to be issued. A copy of the prospectus for the admission is produced by the petitioner as Ext. P4 in the writ petition. As per the same, the selection for admission was to be made on the basis of marks obtained by the candidate for Physics, Chemistry and Biology in the qualifying examination and marks obtained in the entrance examination conducted by the 5th respondent Association apportioned in the ratio 50:50. In accordance with the prospectus, the respondents 5 and 6 have directed the candidates to appear for an entrance examination to be conducted on 27-7-2008. The validity of that examination is under challenge before me in this writ petition filed on 24-7-2008, on two grounds, viz. (1) the same is against the schedule prescribed as per the Medical Council of India Regulations as approved by Supreme Court of India in Mridul Dhar & another v. Union of India and others [(2005) 2 SCC 65] and (2) the test so proposed does not satisfy the triple tests of being fair, transparent and non-exploitative as laid down by the Supreme Court in P.A. Inamdar v. State of Maharashtra, [(2005)6 SCC 537].
.2. The petitioner contends that the Medical Council of India has, as early as on 25-2-2004, framed the Graduate Medical Education (Amendment) Regulations, 2004 laying down the time schedule for completion of admission process for first MBBS course in Appendix E thereof. This time schedule has been approved by the Supreme Court of India in Mridul Dhars case (supra) and the Supreme Court has directed all concerned to strictly adhere to the time schedule so prescribed making it the responsibility of all concerned including the Chief Secretaries and Health Secretaries of each
.State/Union Territory to ensure compliance with t