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2012 Supreme(Ker) 336

MANJULA CHELLUR, V.CHITAMBARESH
Rahul Ravind – Appellant
Versus
State Of Kerala Rep. By Secretary Health & Family Welfare Department Thiruvananthapuram – Respondent


Advocates Appeared:
For the Petitioners:N.J. Mathews, P. Raveendran Pillai, Smt. Ndira Raveendran, Advocates.
For the Respondents:Alexander Thomas, Sc, Mci, B. Ragunathan, G. Gopalakrishna Pillai, R. Srinath, Vipin Varghese, T.B. Hood, Smt.M. Isha, C.V. Milton, Grashious Kuriakose (Sr.), George Mathews, Kaleeswaram Raj, Smt. Celine Joseph, K.K. Mohamed Ravuf, K. Paul Kuriakose, Government Pleader, Alexander Thomas, Sc,Dental Council, K.P. Dandapani, Advocate General, Roshan D Alexander, Government Pleader, Advocates.

Judgment :-

Manjula Chellur, Ag.C.J.

1. WA 315/2012 is filed challenging an order dated 22.2.2012 refusing an interim relief in W.P.No. 4279/2012, by the learned single Judge.

2. The Writ Petition came to be filed by the petitioner challenging Ex.P3 an order issued by the State Government, alleging the same as contrary to the stipulation contained in clause 9 of Ex.P1 Prospectus. The appellant appeared for Common Entrance Examination for admission to Post Graduate Medical Course in the State. In Ex.P3, the State Government had given concession or relaxation to service quota candidates sofaras negative marks, hence it is contended that Ex.P3 is in violation of Article 14 of the Constitution of India and sought for quashing the same. As the learned Single Judge refused interim relief of staying the operation of Ex.P3, appellant filed this appeal. All are required to appear for Common Entrance Examination and only those candidates securing minimum of 50 marks at the examination would be eligible for admission process. This condition was stipulated and implemented at the instance of the 4th Respondent Medical Council of India (for short MCI). As Ex.P3 has no prior approval of the 4th r






















































































































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