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High Court of KeralaDivision BenchReview petition dismissed in limine.

RP.No.889 of 2019 in WP(C) No.9325/2019

Case / Petition Number:RP.No.889 of 2019 in WP(C) No.9325/2019

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • K. Vinod Chandran
  • V. G. Arun
Judgment Date
2019-09-19
Court Decision / Holding
The review petition is not maintainable and stands rejected in limine.
Final Disposition
Review petition dismissed in limine.

Parties to the Case

Appellants / Petitioners

  • Aswin Kumar V.
  • Ezhil Adithyan R.
  • G. Dharsini
  • Jagadeesh Kumar S.
  • Kavya S.
  • Punitha Essaki M.S.S.
  • Saheel Ahamed H.
  • Sajitha M.
  • Saravanan K.
  • Sathyabama D.
  • Shivani G.

Respondents

  • The State of Kerala, represented by the Secretary, Department of Health and Family Welfare, Secretariat, Thiruvananthapuram-695001
  • The Commissioner for Entrance Examinations, Office of the Commissioner for Entrance Examinations, 5th Floor, Housing Board Building, Shanti Nagar, Thiruvananthapuram-695001
  • The Principal, Santhigiri Sidha Medical College, Santhigiri, Thiruvananthapuram-695589
  • The Kerala University of Health Sciences, Mulamkunnathukavu, Medical College P.O., Thrissur-680596
  • Admission Supervisory Committee for Professional Colleges in Kerala, Prasanthi Buildings, M.P. Appan Road, Vazhuthacaud, Thiruvananthapuram-695014
  • Annie J. Winnie
  • Deepu Raj R.M.
  • Jayapathi M.
  • Nandhini Sree E.M.D.
  • Sreenithi C.

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri. P. B. Sahasranaman
  • • Sri. T. S. Harikumar

Counsels for Respondents

  • • Sri. A. J. Varghese
  • • Smt. Mary Benjamin
  • • Sri. P. Sreekumar

Case Synopsis & Summary

This is a review petition challenging the court's earlier writ judgment and the subsequent review orders in WP(C) No.9325/2019 and WP(C) No.28008/2018. The petitioners, eleven MBBS/BSMS students from Santhigiri Sidha Medical College, contend that their admissions were improperly handled and that their NEET participation should be taken into account. The dispute centers on the basis of admission—whether NRK-II candidates could be admitted on the basis of XIIth standard marks or required to participate in national entrance tests such as NEET. The High Court notes that the scope of a review under Order 47 Rule 1 CPC is narrow and relies on State of West Bengal & Others v. Kamal Sen Gupta & Another to outline the contours of the review remedy. The petitioners’ ground—that they had participated in NEET and that this factor was not considered—was urged, but the court holds that such grounds cannot be entertained in a review if not raised earlier and that admissions cannot be cured by NEET participation where they were not based on it. Consequently, there is nothing surviving in the review petition, which is not maintainable and is rejected in limine. The bench comprises Justice K. Vinod Chandran and Justice V. G. Arun.

Provisions of Law Cited

Order 47 Rule 1, CPC

Legal Doctrines & Maxims

  • Doctrine: Review jurisdiction under Order 47 Rule 1 CPC is narrow and cannot consider grounds not raised earlier (as reflected in Kamal Sen Gupta, 2008)
  • Principle of finality and non-revisability of judgments in review proceedings

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners challenge admissions of NRK-II candidates who were admitted on the basis of XIIth standard marks. They contend that the NEET participation of the students should have been considered and that the grounds of NEET participation were not properly examined in Ext.P6/Ext.P7 orders. They rely on the limitation of review under Order 47 Rule 1 CPC and on Kamal Sen Gupta for guidance on the proper scope of a review petition.

Contentions of Respondents

The respondents contend that the review petition is not maintainable; the court is bound by a Division Bench judgment, and new grounds raised in the review cannot be entertained. They argue there is nothing surviving in Ext.P6 and Ext.P7, as admissions were not based on NEET and cannot be cured by NEET participation; thus the petition should be dismissed in limine.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
State of West Bengal & Others v. Kamal Sen Gupta & Another[(2008) 8 SCC 612]PositiveCited to delineate the contours of the review jurisdiction under Order 47 Rule 1 CPC; used as binding authority for the limits of review.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** ## **&** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **THURSDAY, THE 19TH DAY OF SEPTEMBER 2019 / 28TH BHADRA, 1941** **RP.No.889 OF 2019 IN WP(C) NO.9325/2019** **AGAINST THE JUDGMENT IN WP(C) NO.9325/2019(M) OF HIGH COURT OF KERALA DATED 01.08.2019** ## **- PETITIONERS/PETITIONERS 2,4 TO 6,8 & 10 15:** - **1 ASWIN KUMAR V., AGED 19 YEARS 2ND YEAR BSMS STUDENT, SANTHIGIRI SIDHA MEDICAL COLLEGE, SANTHIGIRI, THIRUVANANTHAURAM-695589.** - **2 EZHIL ADITHYAN R., 2ND YEAR BSMS STUDENT, SANTHIGIRI SIDHA MEDICAL COLLEGE, SANTHIGIRI, THIRUVANANTHAURAM-695589.** - **3 G. DHARSINI, 2ND YEAR BSMS STUDENT, SANTHIGIRI SIDHA MEDICAL COLLEGE, SANTHIGIRI, THIRUVANANTHAURAM-695589.** - **4 JAGADEESH KUMAR S., 2ND YEAR BSMS STUDENT, SANTHIGIRI SIDHA MEDICAL COLLEGE, SANTHIGIRI, THIRUVANANTHAURAM-695589.** - **5 KAVYA S., 2ND YEAR BSMS STUDENT, SANTHIGIRI SIDHA MEDICAL COLLEGE, SANTHIGIRI, THIRUVANANTHAURAM-695589.** - **6 PUNITHA ESSAKI M.S.S., 2ND YEAR BSMS STUDENT, SANTHIGIRI SIDHA MEDICAL COLLEGE, SANTHIGIRI, THIRUVANANTHAURAM-695589.** - **7 SAHEEL AHAMED H., 2ND YEAR BSMS STUDENT, SANTHIGIRI SIDHA MEDICAL COLLEGE, SANTHIGIRI, THIRUVANANTHAURAM-695589.** - **8 SAJITHA M., 2ND YEAR BSMS STUDENT, SANTHIGIRI SIDHA MEDICAL COLLEGE, SANTHIGIRI, THIRUVANANTHAURAM-695589.** RP.No.889 OF 2019 2 - **9 SARAVANAN K.,** - **2ND YEAR BSMS STUDENT, SANTHIGIRI SIDHA MEDICAL COLLEGE, SANTHIGIRI, THIRUVANANTHAURAM-695589.** - **10 SATHYABAMA D.,** - **2ND YEAR BSMS STUDENT, SANTHIGIRI SIDHA MEDICAL COLLEGE, SANTHIGIRI, THIRUVANANTHAURAM-695589.** - **11 SHIVANI G., 2ND YEAR BSMS STUDENT, SANTHIGIRI SIDHA MEDICAL COLLEGE, SANTHIGIRI, THIRUVANANTHAURAM-695589.** - **BY ADVS. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR** ## **RESPONDENTS/RESPONDENTS & PETITIONERS 1,3,7,9 & 16:** - **1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, 5TH FLOOR, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-695001.** - **3 THE PRINCIPAL, SANTHIGIRI SIDHA MEDICAL COLLEGE, SANTHIGIRI, THIRUVANANTHAPURAM-695589.** - **4 THE KERALA UNIVERSITY OF HEALTH SCIENCES, MULAMKUNNATHUKAVU, MEDICAL COLLEGE P.O., THRISSUR - 680596.** - **5 ADMISSION SUEPERVISORY COMMITTEE FOR PROFESSIONAL COLLEGES IN KERALA, T.C.NO.16/1553-4, PRASANTHI BUILDINGS, M.P. APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014, REPRESENTED BY THE CHAIRMAN.** RP.No.889 OF 2019 3 - **6 ANNIE J. WINNIE,** - **2ND YEAR BSMS STUDENT, SANTHIGIRI SIDHA MEDICAL COLLEGE, SANTHIGIRI, THIRUVANANTHAURAM-695589.** - **7 DEEPU RAJ R.M.,** - **2ND YEAR BSMS STUDENT, SANTHIGIRI SIDHA MEDICAL COLLEGE, SANTHIGIRI, THIRUVANANTHAURAM-695589.** - **8 JAYAPATHI M., 2ND YEAR BSMS STUDENT, SANTHIGIRI SIDHA MEDICAL COLLEGE, SANTHIGIRI, THIRUVANANTHAURAM-695589.** - **9 NANDHINI SREE E.M.D., 2ND YEAR BSMS STUDENT, SANTHIGIRI SIDHA MEDICAL COLLEGE, SANTHIGIRI, THIRUVANANTHAURAM-695589.** - **10 SREENITHI C., 2ND YEAR BSMS STUDENT, SANTHIGIRI SIDHA MEDICAL COLLEGE, SANTHIGIRI, THIRUVANANTHAURAM-695589.** ## **BY ADVS.** - **SR.GP SRI.A.J.VARGHESE** **SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL COLLEGES** **SRI.P. SREEKUMAR, SC, KERALA UNIVERSITY HEALTH AND ALLIED SCIENCE** **THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 19.09.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** RP.No.889 OF 2019 4 ## **O R D E R** **K. Vinod Chandran, J.** **The petitioners seek review of the judgment passed by us following the judgment in WP(C) No.28008 of 2018 dated 30.08.2018. The said judgment in WP(C) No.28008 of 2018 [Ext.P6] was first challenged in an SLP and then withdrawn with liberty to file a review. A review too ended in rejection by this Court, as is seen from Ext.P7.** **2. We, feeling ourselves bound by the judgment passed by another Division Bench, rejected the writ petition. A review has been filed on the ground that at the earlier round of litigation, which was initiated by the Management, the fact that the petitioners had NEET score was not disclosed. We do not think that the said aspect can be considered in a review, especially** RP.No.889 OF 2019 5 **considering the contours of the review jurisdiction under Order 47 Rule 1 of the Code of Civil Procedure as has been delineated in** _**State of West Bengal & Others v. Kamal Sen Gupta & Another [(2008) 8 SCC 612].**_ **3. Further, it is to be noticed that the case of the petitioners, though canvassed by the Management of the College, had been rejected on 30.08.2018 by Ext.P6. There was absolutely no way by which the petitioners could have been continued in the College after the dismissal of the writ petition. It is submitted by the learned Standing Counsel for the Admission Supervisory Committee [for brevity, 'the ASC'] that the writ petition filed from the order of the ASC declining approval did not have an interim order at the time of admission. Hence after the approval was declined by the ASC, there could have been no continuance of the petitioners in the College.** RP.No.889 OF 2019 6 **4. Considering the entire circumstances, we are of the opinion that there is absolutely nothing surviving in the review petition and the petitioners cannot now approach this Court with a contention which was never raised in the earlier round. In fact the specific contention of the Management, as revealed from Ext.P6, was that the petitioners, who are under NRK-II category were admitted on the basis of their marks in the XII[th] Standard. It was also the contention of the Management that NRK-II candidates could not have appeared for the Common Entrance Test conducted by the State of Kerala, nor are they required to participate in the NEET conducted by the CBSE, on a national basis. The review is now filed on the ground that the students in fact had participated in NEET. Quite obviously the participation in NEET, if at all, cannot cure the defect since the admissions made were not on that basis and it was** RP.No.889 OF 2019 7 **on the basis of marks in the XII[th] Standard. The specific ground raised by the College, stands against the present review. The ground raised and negatived in Ext.P6 was again asserted in the review rejected by Ext.P7.** **The review petition hence is not maintainable and stands rejected** _**in limine**_ **.** **Sd/-** **K. VINOD CHANDRAN, JUDGE.** **Sd/-** **V.G. ARUN, JUDGE.** **sp/19/09/19** //True Copy// P.A. To Judge RP.No.889 OF 2019 8 ## **APPENDIX** **PETITIONER'S/S EXHIBITS:** **ANNEXURE A1** **ANNEXURE A1 THE TRUE PHOTOSTAT COPY OF THE GO(RT) NO.2014/2017/H.EDN. DATED 07/11/2017. ANNEXURE A2 THE TRUE PHOTOSTAT COPY OF THE GO(RT) NO.534/2017/AYUSH DATED 21/11/2017. ANNEXURE A3 THE TRUE PHOTOSTAT COPY OF THE NEET MARK LIST OF THE PETITIONERS.**