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2016 Supreme(Ker) 883

P.R.RAMACHANDRA MENON, ANIL K.NARENDRAN
Alina Arun Kanattu – Appellant
Versus
Admission Supervisory Committee for Professional Colleges – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. Kurian George Kannanthanam, Sri. Tony George Kannanthanam, Sri. Thomas George, Sri. Alex George (Chamapparayil)
For the Respondent: P. Sreekumar, Sri. K.C. Vincent, Smt. Mary Benjamin

JUDGMENT :

P.R. Ramachandra Menon, J.

Is it open for the Management of a self-financing institution to fill up a 'lapsed' Medical P.G. Seat, coming within the 50% quota earmarked for the Government for want of advice from the part of the Government, without following the prescribed norm by accommodating only a candidate who has participated in the National Level Entrance Examination or in the Entrance Examination of CEE or AIPMEE which has been recognised as a source for filling up of the vacancy? Whether any such candidate who got admission accordingly, based on the unilateral course and decision taken by the said management/institution, can contend that he/she should be permitted to continue the studies in the said institution? This forms the subject matter of consideration in the present writ petition filed by the student, who got fortuitous admission as above, challenging the orders passed by the Admission Supervisory Committee as per Exts.P7 and P8.

2. The petitioner was an aspirant to pursue her post graduate studies, particularly MS (OBG) in the 3rd respondent institution for the period 2015-2016. Admittedly, there was a seat-sharing agreement between the Government and the ins












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