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2012 Supreme(Ker) 663

THOTTATHIL B.RADHAKRISHNAN, K.VINOD CHANDRAN
Akhil P. Pushkar – Appellant
Versus
State of Kerala, Represented by the Principal Secretary to Government Scheduled Castes & Scheduled – Respondent


Advocates appeared:
For the Petitioners:K. Jayakumaran, Kurian George Kannanthanam Sr. Advocates, T.M. Sreedharan, Smt. C.K. Sherin, V.P. Narayanan, Advocates.
For the Respondents:R1 to R3, Smt. Laly Vincent, Government Pleader, R4 & R5, K. Srikumar, K. Manoj Chandran, Advocates.

JUDGMENT :-

Thottathil B. Radhakrishnan, J.

1. These writ petitions are before the Division Bench following an order of reference made by the learned single Judge in four of them. The others are tagged along.

2. The short issue arising for decision is as to whether SC/ST and OEC students undergoing courses of study for MBBS in Self Financing Colleges are eligible for educational concessions without reference to their source of admission, to wit, whether they were admitted through competitive entrance examination conducted by the Commissioner of Entrance Examinations under the Government of Kerala or through entrance examination conducted by the Association of the Managements of the Self Financing Colleges. By judgment dated 21st August, 2009 in WP(C).No.27905 of 2008 [copy of which is Ext.R2(d) in WP(C). No.34545 of 2009], the learned single Judge had taken the view that the benefits of educational concessions extended to those communities would not be available if the admission is against management seat. In the reference order dated 11th June, 2010, that learned Judge has doubted his earlier view and has hence made the reference.

3. The learned senior advocates and the other advo







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