BINDU VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) In the Kerala State, the imbroglio in the field of admissions to medical courses continues unabatedly every year, without any solution in sight in the near future. Sadly, it appears as if for some reason or other, every step taken by the government in the field of admissions to medical courses only adds to the confusion every time. In these writ petitions, the scene shifts to the field of admissions to super-speciality post-graduate medical courses in Kerala, for this year. Since the issues arising in all these writ petitions are one and the same, these writ petitions have been heard together and are being disposed of by this common judgment. For convenience in preparing judgment, unless otherwise specifically indicated otherwise, the rank of parties and exhibits referred to herein below shall be as obtaining in W.P. (C) No. 16039/10.

(2.) The petitioners herein are aspirants for admissions to the super-speciality post- graduate medical courses in various disciplines in the merit stream, who are aggrieved by certain eligibility criteria fixed by the government in the prospectus for admissions to those courses, except the petitioner in W.P. (C) No. 24829/10. Ext. P1 is the prospectus issued by the Government of Kerala for such admissions, this year. The challenge originally was against three Sub-clauses of Clause No. III(a) thereof, under the main heading "Eligibility for admission" with the sub heading 'Nativity'. The same reads thus:

(3.) These cases were originally taken up for hearing on 15-7-2010. Counsel for the petitioners were heard on that day and arguments spilled over to the next day. When hearing resumed on 16-7-2009, the learned Government Pleader sought for time. Therefore I passed the following interim order on 16-7-2010 and adjourned the hearing of the cases, as desired by the Government Pleader: