PRESTIGE EDUCATIONAL TRUST AND ORS Vs. ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL COLLEGES IN KERALA

JUDGEMENT

(1.) Admissions to the first year MBBS course 2016 - '17 in the two Self Financing Institutions, by name 'Karuna Medical College' [petitioner in W.P.(C) Nos. 30712 and 32186 of 2016] and 'Kannur Medical College' [petitioner in W.P.(C) Nos. 30697 and 32186 of 2016] is the subject matter of dispute in all these cases. W.P (C) Nos. 30697 and 30712 of 2016 have been filed challenging the orders of approval of the Prospectus passed by the Admission Supervisory Committee ['Committee' in short] imposing some riders effecting 'de-reservation' of vacancies in the Management quota and also in respect of 'reduction of annual fee' notified in the Prospectus. W.P(C) Nos. 32185 and 32186 of 2016 are the writ petitions filed by the said Institutions against the orders dated 02.09.2016 issued by the Committee, canceling all the admissions made by the Institutions, on the alleged violation of the relevant orders issued by the Committee and of this Court, for the alleged lack of transparency in effecting admissions. The other writ petitions have been filed by the concerned students, who are aspirants to have admissions to the Institutions concerned but denied admission, for rejection of the applications or loss of opportunity because of the alleged dubious exercise done by the Institutions.

(2.) Heard Mr. George Poothottam - the learned counsel for the petitioners in W.P.(C) Nos. 30697, 30712, 32185 and 32186 of 2016, Mr. Rajit - the learned counsel for the petitioners in W.P.(C) Nos. 32257 and 33494 of 2016, Sri. K. Praveen Kumar - the learned counsel for the petitioner in W.P.(C) No. 33291 of 2016, Mr. C.P. Sudhakara Prasad - the learned Advocate General appearing for the State/Department, Mrs. Mary Benjamin - the learned standing counsel for the Admission Supervisory Committee/Fee Regulatory Committee for Professional Colleges in Kerala, Mr. Roshen D. Alexander - the learned counsel for the petitioners in I.A. No. 16103 of 2016 in W.P(C) No. 32185 of 2016 and I.A. No. 16429 of 2016 in W.P. (C) No. 30712 of 2016, Mr. Sunil Shanker - the learned counsel for the petitioner in I.A. No. 16512 of 2016, Sri. T.A. Shaji - the learned senior counsel appearing for the petitioners in I.A. No. 16212 of 2016 and Sri. M.K. Chandra Mohandas - the learned counsel appearing for the petitioners in I.A. No. 16185 of 20160

(3.) The petitioners are running Self-financing Institutions [besides such other institutions] imparting education in the medical field and such other sectors. It is stated that they are minority institutions having the protection under Article 30(1) of the Constitution of India, who have not executed any agreement with the Government for sharing seats. From the year 2013-'14 onwards, admissions were stated as being effected by the petitioners strictly 'online' from the qualified candidates in the NEET or the Common Entrance Examination conducted by the Commissioner for Entrance Examinations of the State of Kerala. It is stated that there was absolutely no complaint whatsoever from any corner, with regard to the selection process, so far.