Shilpa Sunil v. State of Kerala and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** **THE HONOURABLE MR.JUSTICE K.T.SANKARAN & THE HONOURABLE MR. JUSTICE P.D.RAJAN** **WEDNESDAY, THE 24TH DAY OF SEPTEMBER 2014/2ND ASWINA, 1936** **WP(C).No. 19901 of 2014 (K) ----------------------------** **PETITIONER(S):** - **---------------** **SHILPA SUNIL D/O.M.R.SUNIL, MAMPARA HOUSE, UTHIMOOD P.O. RANNY, PATHANAMTHITTA DISTRICT.** **BY ADVS.SRI.THOMAS ABRAHAM SMT.MERCIAMMA MATHEW SRI.ASWIN.P.JOHN** **SRI.T.S.PRASANNAKUMAR** **RESPONDENT(S):** - **--------------** **1. STATE OF KERALA** - **REPRESENTED BY THE CHIEF SECRETARY** - **GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM-695 001.** **2. CHAIRMAN** - **ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL COLLEGES OLD HIGH COURT BUILDING, RAMMOHAN PALACE, HALL NO. 8 ERNAKULAM-682 031.** **3. CO-ORDINATOR OF ADMISSIONS KERALA CHRISTIAN PROFESSIONAL COLLEGE MANAGEMENTS' FEDRATION RAJAGIRI VALLEY, P.O. KOCHI - 682 039.** **4. AMALA INSTITUTE OF MEDICAL SCIENCES RUN BY AMALA CANCER HOSPITAL SOCIEITY AMALA NAGAR P.O., THRISSUR KERALA - 680 555 REPRESENTED BY ITS DIRECTOR** **5. JUBILEE MISSION MEDICAL COLLEGE AND RESEARCH INSTITUTE RUN BY JUBILEE MISSION HOSPITAL TRUST P.B NO. 737, JUBILEE MISSION P.O. THRISSUR - 680 005 REPRESENTED BY ITS DIRECTOR** **6. MALANKARA ORTHODOX SYRIAN CHUCH MEDICAL COLLEGE RUN BY THE MALANKARA ORTHODOX SYRIAN CHURCH MEDICAL MISSION KOLENCHERY, ERNAKULAM - 682 311 REPRESENTED BY ITS SECRETARY.** **7. PUSHPAGIRI INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE RUN BY PUSHPAGIRI MEDICAL SOCIETY PUSHPAGIRI M.C.H CAMPUS** - **THIRUVALLA - 689 101 REPRESENTED BY ITS EXECUTIVE DIRECTOR.** **R3 BY ADV. SRI.KURIAN GEORGE KANNANTHANAM (SR.) R3 BY ADV. SRI.TONY GEORGE KANNANTHANAM R BY SR.GOVERNMENT PLEADER SRI. ROSHAN D ALEXANDER. R BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE.** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-09-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **WP(C).No. 19901 of 2014 (K)** ## **----------------------------** ## **APPENDIX** ## **PETITIONER(S)' EXHIBITS** ## **-----------------------** - **P1 - THE TRUE COPY OF THE MEDICAL MARKS/DATA SHEET IN THE KERALA ENGINEERING AGRICULTRUE MEDICAL ENTRANCE EXAMINATION 2014 (KEAM -2014)** - **P2 - THE TRUE COPY OFTHE MBBS ONLINE APPLICATION FORM FOR ADMISSION INTO THE RESPONDENT 4 TO 7 MANAGEMENT COLLEGES.** - **P3 - THE TRUE COPY OFTHE PROSPECTUS FOR MBBS/BDS ADMISSION 2014-2015 IN KERALA CHRISTIAN PROFESSIONAL COLLEGE MANAGEMENT'S FEDARATION.** - **P4 - THE TRUE COPY OF THE ERRONEOUS GOVERNMENT ORDER DT. 13.6.14** - **P5 - THE TRUE OPY OF HE RELEVANT PAGE OF THE RANK LIST CONTAINING THE NAME OF THE PETITIONER PREPARED FOR ADMISSION BY THE MANAGEMENTS' FEDERATION.** ## **P6 - THE TRUE COPY OF THE REPRESENTATION DT. 24.7.14.** ## **RESPONDENT(S)' EXHIBITS** ## **------------------------** **ANNEXURE:I COPY OF THE PROSPECTUS FOR ADMISSION TO MBBS & BDS COURSES 2014-2015.** - **ANNEXURE:II COPY OF THE PRINT OUT PUBLISHED IN THE WEBSITE OF THE 3RD RESPONDENT.** **ANNEXURE:III COPY OF THE RANK LIST.** **ANNEXURE:IV COPY OF TH LIST OF CANDIDATES IN THE FIRST ALLOTMENT CATEGORY WISE.** **ANNEXURE:V COPY OF THE FIRST HIGHER OPTION TRANSFER LIST.** **ANNEXURE:VI COPY OF THE SECND ALLOTMENT LIST.** **ANNEXURE:VII COPY OF THE SECOND HIGHER OPTION TRANSFER LIST.** **ANNEXURE: VIII COPY OF THE THIRD ALLOTMENT LIST.** **TRUE COPY** **acd** **PA TO JUDGE.** ## **K.T. SANKARAN & P.D. RAJAN, JJ.** ------------------------------------------- W.P.(C)No.19901 of 2014 ---------------------------------------------Dated this the 24[th] day of September, 2014 ## **JUDGMENT** ## **K.T. SANKARAN,J.** The petitioner secured rank No.2774 in the Kerala Engineering Agriculture Medical Entrance Examination 2014 (KEAM-2014). The petitioner applied for admission in the four medical colleges affiliated to Kerala Christian Professional College Managements' Federation. The petitioner has not so far got admission even though the 8[th] round of online allotment and spot allotment on one occasion were over. The contention of the petitioner is that clause 4.1 in Ext.P3 prospectus and sub clause (2) of clause (3) of Ext.P4 Government Order are illegal and therefore, they are liable to be quashed by the issue of a writ of certiorari. W.P.(C)No.19901/14 2 2. An agreement was executed between the Kerala Christian Professional College Managements' Federation and the Government. As per the consensus arrived at, at the time of formulating the agreement, the Government issued G.O.(Rt)No.1963/2014/H&FWD dated 13.6.2014 (Ext.P4) where under it was provided thus: “2. The Educational Agency shall fill up 50% of the total seats from among students who satisfy the prescribed criteria of academic eligibility for admissions. The Educational Agency shall admit and fill up 35% seats from the applications received by the Educational Agency in the order of the merit list prepared based on the marks secured in the Entrance Examination and marks obtained in the qualifying examination in the core subjects. The Educational Agency will have the right to apportion the seats within this 35% to various categories or within the community or denominations thereof, based on inter se merit.” In the prospectus issued by the Kerala Christian Professional College Managements' Federation, it has been provided thus: W.P.(C)No.19901/14 3 ## “IV. PROCEDURE OF SELECTION ## 4.1 Preparation of common Merit list and Allotment of Seats: Subject to any orders that may be passed by the competent Courts, admission will be only on the basis of inter-se merit determined by adding marks obtained in the KEAM-2014 examination and marks obtained for Physics, Chemistry and Biology in the qualifying examination. The marks of the KEAM-2014 and Qualifying examination will be apportioned in the ratio of 50:50. The marks obtained in the qualifying exam will be subjected to the normalisation process as explained below: This process will be done taking into consideration only the marks of those candidates who apply pursuant to this prospectus. The marks obtained by the students in the relevant subjects in the qualifying examination conducted by various boards or authority shall be equated with the marks obtained by the students in the same subjects in the qualifying examination conducted by the Director of HSE, Kerala by adopting the method of narmalization. Explanation :- Under the method of normalisation, the highest mark obtained by the students of various Boards in each subject shall be equated to the highest mark obtained by the students of the Kerala High Secondary Examination in that subject and the relative marks obtained by other students in that subject shall be determined accordingly. Illustration: If the highest mark secured by W.P.(C)No.19901/14 4 the student of the Kerala State HSE, in Physics is 100 and the highest mark secured by a student of any other Board in the same subject is 90, both the highest marks will be considered to be equal to 100. If a student of the other board secures 60 marks in Physics when the highest mark in Physics in the same board is 90, the 60 marks will be considered to be equal to 66.66 marks as arrived at below: 100 x 60/90 = 66.66% Those candidates, who have appeared for the qualifying exam of any state other than Kerala, will be treated at par with those students who have passed the Higher Secondary Exam of this state. Note: If the marks of the KEAM-2014 are not available to prepare a rank list of applicants as detailed above, then the rank list will be prepared based on the rank list of KEAM-2014 alone.” 3. A similar contention as now raised by the petitioner was negatived by a Division Bench of this Court in K **erala Self Financing Engineering College Managements Association** v. **Admission Supervisory Committee For Professional Colleges** [2007(3) KLT 136], wherein the Division Bench held thus: “Since S.3 of the Act 19 of 2006 has been struck W.P.(C)No.19901/14 5 down by the Division Bench of this court, the State cannot insist that admission of students to professional colleges or institutions except nonresident Indian shall be made only through the common Entrance Test conducted by the State. If the State cannot enforce S.3 of Act 19 of 2006, we fail to see how the Admission Supervisory Committee which was constituted under S.4 of the Act could indirectly enforce S.3. Further sub-s.(6) of S.4 of Act 19 of 2006 authorises the Admission Supervisory Committee only to supervise and guide the entire process of admission of students to the unaided professional colleges or institutions and they cannot insist that the petitioner shall not add marks obtained by the candidates in the qualifying examination for determining the merit of the candidates. We are informed, though State has filed an SLP before the Supreme Court against the above judgment of the Division Bench, no stay has been granted against the operation of the judgment of this court. A learned Single Judge in **Raniya Mohammed** v. **Commissioner For Entrance Examination** [2008(4) KLT 866] held that the system followed by the Christian Professional College Managements' Federation in a similar manner was not illegal or unconstitutional. 4. When the writ petition came up for hearing on W.P.(C)No.19901/14 6 22.9.2014, the learned senior counsel appearing for the Kerala Christian Professional College Managements' Federation submitted that after the 8[th] round of online allotment, spot allotment was scheduled to be held on 23.9.2014 and all candidates up to 500[th] rank in the rank list published by the Federation were invited for spot allotment. Today, the learned senior counsel submitted that in that spot allotment, except one seat in the community quota in Pushpagiri Institute of Medical Sciences and Research Centre, all the remaining seats were filled. The learned senior counsel also submitted that in case, any vacancy arises, the same will be notified in the website and the allotment will be made strictly on the basis of the merit list prepared by them. This submission is recorded. In view of the fact that the seats were filled in W.P.(C)No.19901/14 7 accordance with the merit list prepared by the Kerala Christian Professional College Managements' Federation and also in view of the decision of the Division Bench in **Kerala Self Financing Engineering College Managements Association's case** (supra), no relief can be granted in this writ petition. The writ petition is accordingly dismissed. ## **K.T. SANKARAN, JUDGE.** **P.D. RAJAN, JUDGE.** acd W.P.(C)No.19901/14 8 W.P.(C)No.19901/14 9