SAURABH JAIN Vs. STATE OF KERALA

JUDGEMENT

(1.) These two writ appeals are listed before this Bench pursuant to an order of reference dated 4th November, 2010. The appellants in WA No.1399 of 2010 are petitioners 1 to 3 in WP (C) No. 21357 and the appellants in WA No. 1429 of 2010 are the petitioners in WP (C) No. 21494 of 2010. Both the writ petitions along with certain other writ petitions were dismissed by a common judgment dated 5th August, 2010. Hence these writ appeals.

(2.) The brief facts leading to the present reference are as follows: The above mentioned two writ petitions and a number of other writ petitions came to be filed in this Court challenging the decision of the State of Kerala to create a preference in the matter of admission to the super speciality courses conducted by the medical colleges run by the State of Kerala. The relevant portion of the Prospectus issued for the purpose reads as follows:

(3.) The appellants participated in the selection process undertaken by the State of Kerala, but could not secure admission to any one of the super speciality courses. Their grievance is that candidates who are found less meritorious than them in the selection process eventually secured admission into the various super speciality courses in view of the preference created by the State of Kerala referred to earlier. Therefore they approached this Court challenging the stipulation of such a preference on various grounds such as (1) violation of the fundamental rights guaranteed under Art.14 and Art.15 of the Constitution of India (2) violation of the Regulations made by the Medical Council of India and (3) that the State is incompetent to make such a stipulation.