LAWS(KER)-2017-3-401

KARUNA MEDICAL COLLEGE Vs. STATE OF KERALA

Decided On March 30, 2017
Karuna Medical College Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Even in our blinkered dialectical system certain litigation's assume greater social dimension. Some of them serve a larger cause than the mere lis and considerations of jurisdictional dynamics, concerns of social engineering and equity present themselves, requiring a panoptic view of the issues and assertions, that are placed before the courts for inspection and evaluation.

(2.) This writ petition is patently one such case where among the byzantine maze of pleadings, an important issue seems to be hidden within a very small compass.

(3.) The apparent and conspicuous issue, of course, relates to admission to Professional Colleges under the provisions of the Kerala Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-Exploitative Fee and Other Measures to Ensure Equity and Excellence in Professional Education) Act, 2006 ('the Act' for brevity). However, resolution of these issues have required considerations transcending mere legalism but to foray into the domain of remedial jurisprudence to allay the plight of hapless students caught in the web of unceasing litigative processes.