MATHEWS JUDE Vs. PRINCIPAL

JUDGEMENT

(1.) These Writ Petitions are filed, challenging the method of selection of candidates, for filling up the Management quota seats for M.B.B.S. course, in the Academy of Medical Sciences, Pariyaram and the Cooperative Medical College, Kochi. So, they are heard and disposed of by a common Judgment.

(2.) The facts of the above three cases, necessary for their disposal, are summarised below :

(3.) The petitioner was a candidate, who applied for admission to the M.B.B.S. course, pursuant to the prospectus issued by the Commissioner for Entrance Examinations/Kerala. In the rank list published by the Commissioner, the petitioner was Rank No. 1366, in the medical stream. But, he could not get admission in any of the Government Medical Colleges or in any of the merit quota seats in the self financing colleges. He was desirous of getting admission in the Management quota seats, in the Colleges of respondents 1 and 2, namely, Academy of Medical Sciences, Pariyaram and Cooperative Medical College, Kochi. The petitioner thought that admissions to the management quota seats in the above said two Colleges will be made from the merit list, published by the Commissioner for Entrance Examinations, in the light of S.3(4) of the Kerala Self Financing Professional Colleges (Prohibition of Fixation of Fees) Act 2004, in view of the interpretation given to the said sub-section by this Court in Academy of Medical Sciences v. Regina (2004(3) KLT 628). While so, without giving proper publicity, respondents 1 and 2 invited applications for admission to the management quota seats, by Exts. P4 and P4(a) notifications published in Mathrubhoomi and New Indian Express dailies. The said respondents joined together and conducted an entrance test of their own, on 24-07-2005. Since applications were invited without giving proper publicity, the petitioner did not notice Ext. P4 or P4(a) and therefore, he could not submit his application. The petitioner submits, in view of the provisions of Act 17 of 2004, the decisions of the Apex Court in T. M. A. Pai Foundation v. State of Karnataka ( AIR 2003 SC 355 ), Islamic Academy of Education v. State of Karnataka and this Court's decision in Regina's case mentioned above, respondents 1 and 2 should have made the admissions from the list published by the Commissioner for Entrance Examinations. The petitioner submits, the 5th respondent Consortium was formed illegally. The said Consortium does not include 50% of the self financing Medical Colleges in the State and therefore, it cannot be treated as a valid Consortium. The Colleges of respondents 1 and 2, being run on 'no loss, no profit' basis, they should have followed the merit list published by the Commissioner for Entrance Examinations, which was used for filling up the merit quota seats in them. Since those Colleges are Public Institutions, the management quota seats should also have been filled up from the rank list, published by the Commissioner for Entrance Examinations. So, the petitioner prays for quashing Exts. P4 and P4(a) and for a direction to fill up the management quota seats also from the list published by the Commissioner for Entrance Examinations.