High Court of Kerala
THE HONOURABLE MR. JUSTICE S. SIRI JAGAN
Noorbina Banu. K
Versus
The State Of Kerala & Others
WP(C). No. 22084 of 2010(I)
Decided On : 02-08-2010
Education - Medical College Admission - Petitions canvass the same issue, they are being heard and disposed of together by this common judgment. Ranks of parties, pleadings and Exhibits are referred to in this judgment are as obtaining in W.P.(C) No.2084/2010, unless otherwise made clear - appeal filed by the Medical Council of India (in short "MCI:) raises important questions regarding desirability of belated admissions to medical colleges in different courses, both pregraduate and postgraduate. The questions assume importance because filing a large number of petitions before various High Courts and this Court has become an annual feature - Held, opinion that the common entrance test conducted by the 5th respondent-consortium for admission to its member colleges does not satisfy the triple test of being fair, transparent and non-exploitative as contemplated by the Supreme Court in P.A. Inamdar's case that test is declared as void and inoperative - 5th respondent is not entitled to make any admission on the basis of the rank list prepared pursuant to the said test. I 5th respondent is to complete the admissions in the member colleges to the management quota also from the rank list published by the Commissioner of Entrance Examination of the Government of Kerala in the common entrance test conducted this year in accordance with the inter se merit of the candidates - Petitions are allowed
1. Since these three writ petitions canvass the same issue, they are being heard and disposed of together by this common judgment. Ranks of parties, pleadings and Exhibits are referred to in this judgment are as obtaining in W.P(C) No. 22084/2010, unless otherwise made clear.
2. The Supreme Court of India started two judgments relating to admissions to professional colleges in the country with a quotation from Shakespere's 'Othello'. The first judgment was in 1995, viz. Convenor, MBBS/BDS Selection Board v. Chandan Mishra, 1995 Suppl. (3) SCC 77. That quotation was extracted by the Supreme Court again in the decision of Medical Council of India v. Madhu Singh and others, 2002(7) SCC 258. I quote here the first paragraph of the 2nd judgment, which reads thus:
"This appeal filed by the Medical Council of India (in short "MCI”) raises important questions regarding desirability of belated admissions to medical colleges in different courses, both pregraduate and postgraduate. The questions assume importance because filing a large number of petitions before various High Courts and this Court has become an annual feature. When the time of admission to medical courses arrives, immediately comes to mind Shakespeare's Othello, where it was written: "Chaos is come again". The inevitable result is that considerable time is lost by candidates chasing vires instead of virus. This Court in Convenor, MBBS/BDS Selection Board v. Chandan Mishra, 1995 Supp (3) SCC 77 observed as follows: (SCC p. 78, para 6)
"The learned Judges of the High Court, if we may say so with respect in a well-considered opinion expressed their anguish at the insensitivity of the authorities administering medical admission in the State to the need to prevent occasions for repetitive grievances from the student community and had occasions to observe:
'Shakespeare in Othello has written "Chaos is come again". This Court has witnessed chaos almost annually when time for admission to MBBS/BDS courses came . . . . '."
The factual position leading to the appeal, which is almost undisputed, needs to be noted in some detail."
It is distressing to note that even after 15 years, the situation remains the same. Alas, in spite of the Supreme Court beseeching the Central Government and the State Governments in P.A. Inamdar v. State of Maharashtra, 2005(6) SCC 537, to come out with a detailed, well thought out legislation on the subject, which is long awaited, the Central Government has not yet found it necessary to do anything in that regard. Although the State of Kerala has attempted one, namely, Act 19 of 2006, it has turned out to be a flop, since the major provisions thereof have been declared as unconstitutional by a Division Bench of this Court in Lisie Medical & Educational Institutions v. State of Kerala, 2007 (1) KLT 409. Come June, every year and this year also, the admission process in the professional colleges, particularly, medical colleges in the State, is "chaos is come again.". These writ petitions are part of that chaos contributed by some self-financing medical colleges in the State of Kerala.
3. Although, the State Government started its admission process for admission to professional colleges in Kerala as early as in December, 2009, the consortium of medical colleges whose members have entered into seat sharing agreements with the State Government and whose admission procedure for management seats is under challenge in these writ petitions, found it sufficient to start it only as late as on 29-4-2010 by issuing a prospectus, which is produced as Ext. R5(a) along with the counter affidavit filed by them. Based on the same, on the very same day, an advertisement was issued in two Malayalam and one English news papers, inviting applications for admission to the member colleges of the consortium. 1046 students are started to have responded to the notification inviting applications. A common entrance examination was conducted on 30-5-2010, in which only 751 o
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