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2013 Supreme(Ker) 351

High Court of Kerala
K.T. SANKARAN & B. KEMAL PASHA, JJ.
Kerala Private Medical College Management Association represented by the Secretary Anil Kumar Vallil
Versus
The Admission Supervisory Committee for Professional Colleges represented by the Manager & Others
W P(C).No. 14832 of 2013 (D)
Decided On : 04-07-2013

Advocate Appeared:
For the Petitioner:George Poonthottam, T.R. Ravi, M.A. Vaheeda Babu, Advocates.
For the Respondents:K.P. Dandapani, Advocate General, R2 & R3, Roshen D. Alexander, Government Pleader, R1, Mrs. Mary Benjemin, R4 & R5, P.K. Babu, R6, Sathish Ninan, Santhosh Mathew, Arun Thomas, Jennis Stephen, R7, Vanaja, P. Sanjay, Mrs. A. Parvathi Menon, Glen Antony, R8, Johnson Gomez, S. Biju, P.T. Sree Valsan Unni, A.G. Basil, Advocates.

Headnote: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 (Kerala), Sections 4(6) & (5) - Entrance exam can be cancelled by the admission supervisory committee on the reason of failure in triple test and new examination can be conducted.

Judgment :-

K.T. Sankaran, J.

The questions involved in these Writ Petitions are the following :

(1) Whether the Admission Supervisory Committee constituted under 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, Act 19 of 2006 (hereinafter referred to as Act 19 of 2006) has power to cancel entrance examination conducted by the Consortium of Managements, exercising the powers conferred under Sections 4 and/or 5 of Act 19 of 2006?

(2) If so, whether the Admission Supervisory Committee can, after cancellation of such entrance examination, direct the Commissioner for Entrance Examinations, Kerala, to conduct entrance examination afresh?

(3) Whether the Admission Supervisory Committee can direct a fresh entrance examination beyond the time schedule prescribed under the Regulations issued by the Medical Council of India and the specific directions issued by the Supreme Court in Mridul Dhar and another v. Union of India and others :(2005)2 SCC 65 and Priya Gupta v. State of Chhattisgarh and others : (2012) 7 SCC 433 ?

(4) Whether the decision of the Admission Supervisory Committee directing the Commissioner for Entrance Examinations, Kerala, to conduct the entrance examination would amount to re-introduction of Section 3 of Act 19 of 2006, which was declared unconstitutional by this Court in Lisie Medical and Educational Institutions v. State of Kerala : 2007(1) KLT409?

(5) What is the legal effect of clause 16 of the consensual agreement entered into between the Government and the Kerala Private Medical College Management Association, in the matter of admission of students in Private Self Financing Medical Colleges, on the cancellation of entrance examination conducted by the Consortium of Managements?

(6) Is Exhibit P8 decision of the Admission Supervisory Committee vitiated due to violation of the principles of natural justice?

2. W.P.(C) No.14832 of 2013 is filed by the Kerala Private Medical College Management Association, challenging Exhibit P8 order passed by the Admission Supervisory Committee. The reliefs prayed for in the said Writ Petition are the following :

"(i) issue a writ of certiorari calling for the records leading to Ext.P8 and to quash the same.

(ii) Issue a writ declaring that the cancellation of the examination held on 31.5.2013 at MES Raja Residential School, Kozhikode held under the supervision of the Admission Supervisory Committee, is bad in law and in violation of the principles of natural justice.

(iii) Issue a writ declaring that the direction to conduct the examination by the third respondent on 22.6.2013 to fill up the 35% seats in the member colleges of the petitioner is in violation of the law and the directions as contained in the judgment of the Supreme Court.

(iv) Issue a writ declaring that the first respondent has no authority to cancel the examination conducted by the petitioner for admission in the member colleges and Ext.P8 is therefore bad in law.

(v) Pass such other order or direction as this Court may deem fit and proper in the interest of justice."

3. W.P.(C) No.15154 of 2013 is filed by MES Medical College, Perinthalmanna, challenging the aforesaid order passed by the Admission Supervisory Committee and also for the issue of a writ of mandamus or any other appropriate writ, direction or order commanding the Admission Supervisory Committee to take appropriate and immediate steps to complete the valuation of the answer papers of the examination held on 31.5.2013 and to declare the results within the time fixed by the Hon'ble Supreme Court. MES Medical College, the petitioner in W.P.(C) No.15154 of 2013, is a member of the Kerala Private Medical College Management Association.

4. For the sake of convenience, the parties and the contentions are referred to as in W.P.(C) No.14832 of 2013, since the contentions raised in W.

































































































































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