ANZAR AZEEZ AND ORS. Vs. ADMISSION SUPERVISORY COMMITTEE & FEE REGULATORY COMMITTEE FOR PROFESSIONAL COLLEGES OF KERALA AND ORS.

JUDGEMENT

(1.) Two students, who were admitted in the Azeezia Institute of Medical Sciences and Research, Meeyannoor, Kollam, (hereinafter referred to as 'the College' for short), which is a self financing institution, have filed this Writ Petition, challenging the order Ext. P15, by which the Admission Supervisory Committee (hereinafter referred to as the 'Committee' for short) declined approval to the admissions granted to them to the courses M.S. (Master of Surgery) in Orthopaedics and M.D. (Doctor of Medicine) in Anaesthesia. They also challenge Ext. P9 order of the Committee approving the prospectus of the College to the extent it stipulates its prior approval for admission and the letter Ext. P18 by which the 1st respondent directed all the Self Financing Medical and Dental Colleges to take prior approval for admission of students for the academic year 2015 -16 from it and to adhere to the time schedule fixed by the apex court.

(2.) According to the petitioners, they have acquired MBBS degree from B.R. Ambedkar Medical College, Bangalore and Pushpagiri College of Medical Sciences, Thiruvalla respectively. They appeared in the entrance examination conducted by the Karnataka Religious and Linguistic Minority Professional Colleges Association ('KRLMPCA' for short) which is stated to be held under the supervision of the Admission Supervisory Committee of Karnataka State. Exts.P3 and P4 show that they are rank Nos. 386 and 370 respectively with scores 119 and 121 respectively out of 200 in that entrance test. Based on their applications, they were admitted in the College for the PG Degree courses of M.S. Orthopaedics and M.D. Anesthesia respectively on 8.6.2015 as per Exts.P11 to P13. But the Committee rejected their admissions as per Ext. P15.

(3.) The College furnished the list of the students admitted in the Post Graduate Medical seats for approval of the Committee. The Committee, on scrutiny of the same with reference to the qualifying certificates and other documents, found that both the petitioners who were admitted for M.S. Orthopaedic branch and M.D. Anaesthesia had qualified in the entrance examination conducted by KRLMPCA and they had not qualified in KEAM or in AIPGMEE entrance test. Hence it was found that their admissions were in violation of the conditions in Ext. P9 order dated 13.5.2015 of the Committee by which the prospectus was approved. Hence the Committee by its order Ext. P11 dated 18.11.2015 withheld their admissions. The Principal of the College was directed to appear before the Committee along with the petitioners and other two candidates whose admissions were withheld, for a hearing on 25.11.2015. By the very same order, the Committee requested the Registrar of the Kerala University of Health Sciences ('University' for short) to register other candidates of the College whose admissions were approved. The Principal of the College was directed to inform the students about the withholding of the admissions.