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2010 Supreme(Ker) 701

J.CHELAMESWAR, THOMAS P.JOSEPH, P.R.RAMACHANDRA MENON
Saurabh Jain – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared: For the Appellant:Kurian George Kannanthanam (Sr. Advocate), M. Shaju Purushothaman, K.S. Rajesh, Advocates. For the Respondents:V. Chitambaresh, P. Ravindran, K. Gopalakrishna Kurup, K.R.B. Kaimal (Sr. Advocates),
M. Sreekumar, Alexander Thomas & Government Pleader (T.B. Hood), Advocates.

Judgment :

J. Chelameswar, C.J.

These two Writ Appeals are listed before this Bench pursuant to an order of reference dated 4th November, 2010. The appellants in W.A.No.1399 of 2010 are petitioners 1 to 3 in W.P.(C).No.21357 and the appellants in W.A.No.1429 of 2010 are the petitioners in W.P.(C).No.21494 of 2010. Both the Writ Petitions along with certain other writ Petitions were dismissed by a common judgment dated 5th August, 2010. Hence these Writ appeals.

2. The brief facts leading to the present reference are as follows: The above mentioned two Writ Petitions and a number of other Writ Petitions came to be filed in this Court challenging the decision of the state of Kerala to create a preference in the matter of admission to the super speciality courses conducted by the medical colleges run by the State of Kerala. The relevant portion of the Prospectus issued for the purpose reads as follows:

“III. Eligibility for admission;

xxx xxx xxx

(iii) Has done atleast one year compulsory rural service/Senior residency/Government service in any of the Government Medical Colleges/Government Hospitals in Kerala.

(iv) In case sufficient number of candidates fulfilling the conditions as pe





































































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