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2013 Supreme(Online)(Ker) 36284

KERALA HIGH COURT
Mr. XYZ, J
Remya Krishnan R. v. Employees' State Insurance Corporation and Others


Advocates:
For the Appellants/Petitioners: Mr. C Unnikrishnan
For the Respondents: Mr. P. Sankarankutty Nair

Table of Content
1. issue of admission denial based on esi contribution. (Para 1 , 2 , 3 , 4 , 5)
2. arguments on the unreasonableness of strict adherence to 78 days contribution. (Para 6 , 7 , 8)
3. federal jurisdiction must consider merit over technical exclusions. (Para 14 , 15 , 16)

1. Admission denied to a meritorious candidate who is a ward of an employee covered under the ESI Act/Scheme, for want of '78 days' contribution in one of the different contribution periods during the past 5 years by virtue of Clause '8' of Ext.P3 - Annexure I - Admission Policy, is the issue involved in this writ petition.

2. The petitioner's father is an employee of the Kerala Cashew Development Corporation having ESI coverage (Insurance No. 4801898806). The petitioner secured rank No. 10344 in the National Eligibility Cum Entrance Test (NEET for short) for the year 2013-2014 as revealed from Ext.P1. The 1st respondent Corporation has four Medical Colleges in India. Admission to the specified extent of 20% is reserved for the "Wards of the Insured Employees." Ext.P2 notification was issued on 16.08.2013 for filling up of the 162 seats of the Under Graduate Course (MBBS) under the 'ESIC Management Quot















































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