ADMISSION SUPERVISORY COMMITTEE Vs. DEEPTHI T S

JUDGEMENT

(1.) The Admission Supervisory Committee (ASC in short) and the Admission & Fee Regulatory Committee (FRC in short) for Medical Education, Kerala, both represented by the Manager are the review petitioners. The Review is sought for in respect of the judgment dated 25.10.2017 in W.P.(C) No.31814 of 2017, mainly contending that there is an error apparent on the face of the records, in so far as this Court, while allowing the said writ petition, had declared that the candidates seeking for admission to the medical courses need not to submit 'online' applications to the college where they seek admission. It is also pointed out that the observation of the Bench that 'the stipulation to have 'online' applications and the undertaking given by the Institutions in this regard have been set aside by the Apex Court' is a glaring mistake; as Annexure 1 interim order passed by the Bench of this Court, incorporating such a condition stands affirmed by the Apex Court as per Annexure 2 order dated 28.09.2016. Reliance is also sought to be placed on Annexure 4 directives dated 04.08.2016 issued by the ASC to all Medical Colleges, insisting to have online applications, which is reflected in Annexure 3 order dated 02.09.2016 as well- while granting conditional approval of the prospectus, besides various other orders/proceedings, which have become final.

(2.) When the above Review petition came up for consideration on 10.01.2018, it was admitted on that day. The respondents entered appearance and filed I.A.Nos.14, 15 and 16 of 2018, contending that the Committee does not have the power, competence or authority to have filed the Review Petition, it being a quasi judicial authority and hence the Review Petition was not maintainable; which hence was sought to be decided as a preliminary issue, by filing I.A.No.14 of 2018. I.A.No.15 of 2018 is for a direction to cause production of the decision taken by the Admission Supervisory Committee to file Review Petition and to furnish details of the Committee Members, who attended the said meeting and also to cause production of minutes of the meeting which authorised the Manager ( who is not a Member of the Committee) to file Review Petition. I.A.No.16 of 2018 is for accepting the documents produced as Annexures R1 and R The writ petitioners have filed counter affidavit in I.A.No.14 of 2018 pointing out the circumstances and authority of the Committee to bring the 'error apparent on the face of the record' to the notice of this Court. The Minutes of the joint meeting of the ASC and FRC held on 21.11.2017, authorising the Manager to file necessary proceedings by way of Review has been produced as Annexure 15. It is stated that the Manager is authorised to pursue and communicate with the Government/Institutions and such other Bodies in connection with the affairs of the Committee; adding that it was the Manager, who had filed the affidavit before the Apex Court in SLP(Civil) Nos.6646-6647 of 2017; a copy of which has been produced as Annexure 16. Similarly, a copy of the affidavit, sworn to by the Manager and filed before this Court in W.P.(C) No.31568 of 2015 has been produced as Annexure A17. It is stated that the said affidavits have been accepted by the Apex Court and this Court, as part of the Court records.

(3.) On production of the above documents, the writ petitioners/students of the Institutions (who challenged the proceedings of the Committee in rejecting approval of their admissions by filing W.P.(C) No.31814 of 2017) have filed W.P(C) No.1565 of 2018, questioning the authority of the Committee to take a decision to file Review petition against the judgment dated 25.10.2017 in W.P.(C) No.31814 of 2017; also contending that the Committee does not have the authority to take a decision to authorise the Manager, who is not a Member of the Committee to file the Review petition.