(1.) THESE two writ appeals are listed before this Bench pursuant to an order of reference dated 4th November, 2010. The appellants in W.A.No.1399 of 2010 are petitioners 1 to 3 in W.P.(C) No.21357 and the appellants in W.A.No.1429 of 2010 are the petitioners in W.P.(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.) BY the referal order it was pointed out that the impugned rule of preference is prima facie violative of Articles 14 and 15 of the Constitution of India and therefore it is doubtful whether the appellants could be non-suited on the ground of estoppel. It is also recorded in the referal order that the decision of the learned Single Judge is sought to be supported by the respondents herein on the basis of a decision of the Division Bench of this Court reported in Vipin I.S. (Dr.) v. State of Kerala and others (2010 (4) KHC 175) and therefore necessarily the correctness of the above decision also falls for consideration of this Bench.
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