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2015 Supreme(Ker) 463

ASHOK BHUSHAN, A.M.SHAFFIQUE
STATE OF KERALA – Appellant
Versus
A. K. B. SADBHAVANA MISSION TRUST, SARADHA HEALTH CENTRE, KOYILANDY – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SPL. GOVERNMENT PLEADER SMT. GIRIJA GOPAL.
For the Respondent: SRI. BABU KARUKAPADATH.

JUDGMENT

SHAFFIQUE, J.

The respondents in W.P.(C) No.24187 of 2009 are the appellants, who challenge the judgment dated 17.7.2014 passed by the learned Single Judge in the said writ petition.

2. The writ petition was filed by the respondent herein, who is hereinafter referred to as the petitioner, seeking for a declaration that the petitioner is entitled to evolve its own fair selection process for selecting the students for admission to Nurse-cum-Pharmacist Course in Homeopathy in its institution and to select the candidates for the said course and to fix reasonable and fair fee structure for the same and further to quash Ext.P16 in so far as it contravenes the right of the petitioner evolve its own fair and transparent selection process to select and admit all the students to its institution and also to fix the fee structure for the Nurse-cum-Pharmacist Course in Homeopathy in its institution. Ext.P16 is a draft agreement sent by the first appellant to the petitioner. In fact there was an earlier round litigation, which ultimately led to the petitioner being called upon to execute the agreement subject to the result of the writ petition. According to the petitioner, the Government h





















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