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2013 Supreme(Ker) 351

K.T.SANKARAN, B.KEMAL PASHA
Kerala Private Medical College Management Association represented by the Secretary Anil Kumar Vallil – Appellant
Versus
Admission Supervisory Committee for Professional Colleges represented by the Manager – Respondent


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.

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












































































































































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