BETSY VARGHESE Vs. ADMISSION SUPERVISORY COMMITTEE & FEE REGULATORY COMMITTEE FOR PROFESSIONAL COLLEGES OF KERALA

JUDGEMENT

(1.) Challenging the decision of the Admission Supervisory Committee ('ASC' for short) rejecting the representation (Ext.P15) filed to regularise the admission of the petitioners in the 4th respondent College, this writ petition is filed.

(2.) The short facts necessary for deciding the writ petition are as follows:-

(3.) A Division Bench of this Court after hearing the petitioners, ASC, The Kerala University of Health Sciences, the State Government as well as the College found that the reasoning of the ASC that the admission granted to the petitioners did not satisfy the triple test of merit, transparency and fairness as laid down by the Hon'ble Supreme Court, was justified and that no permission was sought for admitting the petitioners, who did not qualify the KEAM or AIPGMEE, the tests approved in the State of Kerala, and that no intimation was granted to the ASC about the non-availability of candidates from the rank list of the Commissioner for Entrance Examination, or the All India PG Entrance Examination and held that there was no ground to interfere with the decision of ASC rejecting the approval of admission granted to the petitioners. Special Leave Petition (C)No.15164 of 2016 filed against the said judgment was withdrawn with liberty to move a review petition before this Court as seen from Ext.P21. A review was attempted with a delay of 946 days, the same stood dismissed by Ext.P22 order dated 04.12.2019. The order in review was again challenged before the Hon'ble Supreme Court in Special Leave Petition (Civil) No.3692 of 2020, in which orders were passed on 17.07.2020 (Ext.P23), which is extracted hereunder:-