WP(C) Nos.36264/2017, 29224/2017 1 2025:KER:25658 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO. 36264 OF 2017 PETITIONERS: 1 K.J. JOSE S/O.T.JOHN, AGED 50 YEARS, KARIMPALIL HOUSE, THENHIPALAM P.O.,MALAPPURAM DISTRICT-673636. 2 MINNA MARIYA JOSE AGED 21 YEARS D/O.K.J.JOSE, KARIMPALIL HOUSE, THENHIPALAM P.O.,MALAPPURAM DISTRICT-673636. BY ADVS. SRI.SANTHEEP ANKARATH SMT.C.K.SHERIN RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL COLLEGES REPRESENTED BY ITS MANAGER, T.C.15/1553-4, PRASANTHI BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014. 3 PRINCIPAL KANNUR MEDICAL COLLEGE, ANJARAKANDY INTEGRATED CAMPUS, P.O.ANJARAKANDY, KANNUR-670612. 4 PRINCIPAL WP(C) Nos.36264/2017, 29224/2017 2 2025:KER:25658 KARUNA MEDICAL COLLEGE, VILAYODI, CHITTUR, PALAKKAD DISTRICT, PIN-678103. (R3 AND R4 ARE IMPLEADED VIDE ORDER DATED 21-11-2017 IN I.A.18795/2017 5 SETHU LAKSHMI N PEARSON, AGED 20 YEARS D/O N.M PEARSON, NIKATHIL HOUSE, VADAKKEKARA P.O, NORTH PARAVUR, ERNAKULAM KERALA – 683522 (IS IMPLEADED AS PER ORDER DATED 02.03.2018 IN I.A. 924/2018 6 ASHITHA GOPAKUMAR, D/O DOMETILLA SEQUEIRA AGED 20 YEARS, AVE MARIA, NEAR RAGAM THEATER, MARARKANDY P.O, THAYYIL KANNUR 7 AJMAL KHAN P.S, S/O PATHUMMA, AGED 19 YEARS AL AMEEN 19/1638(6) POOJAPURAM, TRIVANDRUM 8 MALAVIKA P.V. D/O PRAKASH, AGED 20 YEARS, SANTHANAM, OARAYATHUKONAM P,O, TRIVANDRUM 9 NITHI S LAL, S/O NOUSHAD LAL, AGED 19 YEARS, NIDHIS, PADANILAM, CHIRAYINKEEZHU P.O, TRIVANDRUM 10 PARVATHI R, D/O RADHKRISHNAN NAIR, AGED 20 YEARS KRISHNA KRIPA, PANDAKASALA, CHIRAYINKEEZHU P.O, TRIVANDRUM 11 AMINA HASHIM J. D/O HASHIM, AGED 21 YEARS, KADAYIL BENGALOW, VEMBAYAM, THIRUVANANTHAPURAM 12 ANSU ANNIE TOMY, D/O TOMY MATHEW, AGED 21 YEARS, KUZHINJALIL, PATTAPANA SOUT P.O, IDUKKI 13 ANEENA SURESH, D/O SURESH KUMAR S., AGED 19 YEARS, SAROJA BHAVAN, KEEZHAMMAKAM, VALANTHANKARA P.O, CHENKAL, TRIVANDRUM 14 POOJA KRISHNA, D/O KRISHNAN, AGED 19 YEARS POOJA NIVAS, KANDANKALI P.O, PAYYANNUR, KANNUR 15 KRISHNENDHU, D/O A SADANANDAN, AGED 19 YEARS, KRISHNARAGHAM, NEAR TALUK HOSPITAL, PERAVOOR, KANNUR DISTRICT (R6 TO R15 ARE IMPLEADED AS PER ORDER DATED 02.03.2018 WP(C) Nos.36264/2017, 29224/2017 3 2025:KER:25658 IN I.A. 1755/2018) 16 KRISHNA PRIYA M.K, AGED 19 YEARS D/O KRISHNAN N. NARANKULANGARA, PARAVOOR, PANAPUZHA P.O., KANNUR – 670306 17 AKSHARA V.M., AGED 21 YEARS D/O VISWANATHAN, AKSHARA, KUNIYEDATH CHALIL, CHOOLUR P.O, NIT CALICUT 67361 18 ARCHANA R PILLAI, AGED 22 YEARS, D/P RAJENDRAN PILLAI K. ELLANGALLOORVILA, THEKATHIL HOUSE, THATTARKONAM P.O, KOLLAM 691005 19 SREE LAKSHMI SOMANADA KURUP, AGED 19 YEARS, D/O SOMANADA KURUP, ANSKKSRAN KUNNIL, PARAKKARA P.O, PATHANAMTHITTA 691531 20 JASEELA ANZAR, AGED 19 YEARS, D/O ANZAR, NAJUMA MANZIL, T.C.70/756, BHEEMA PALLI, VALLAKKADAVU P.O, THIRUVANANTHAPURAM 695 008 21 FATHIMA SANAM, AGED 22 YEARS, D/O A SHAJAHAN, BISMI, VETTU ROAD, KANIYAPURAM P.O, THIRUVANANTHAPURAM 695 301 22 NAJAS NAZAR, AGED 22 YEARS, D/O.NAZAR, KURICHIPARAMBIL, THOTTUMUGHAM, KANJIRAPPALLI P.O, KOTTAYAM -686 507 23 B. SANDRA JACOB, AGED 19 YEARS, D/O.JACOB, PALAKUNNATH, NARANGANAM P.O, PATHANAMTHITTA – 689 642 24 GOPIKA KRISHNAN V, AGED 20 YEARS, D/O. GOPALAKRISHNA PILLAI, GOKULAM KIZAKKEKARA, KOTTARAKKARA P.O, KOLLAM – 691 506 25 MOHAMMED SHAAMIN, AGED 20 YEARS, S/O. THAHA KALEEL, RESIDING AT GC, INFRA VANTAGE, OPPOSITE CSEZ, KAKKANAD, ERNAKULAM – 682 037. ADDL.R16 TO R25 IMPLEADED AS PER ORDER DATED 02.03.2018 WP(C) Nos.36264/2017, 29224/2017 4 2025:KER:25658 IN IA 1809/2018 26 KHADEEJA ANAN, AGED 20, D/O. K. HAMZA KOYA, THEKKEPURAM HOUSE, KODAKKADU P.O, MALAPPURAM DISTRICT ADDL R26 IS IMPLEADED AS PER ORDER DATED 02.03.2018 IN I.A. 2050/2018 27 MOHAMMED NAZIQUE V.S, AGED 19 YEARS, S/O.SHINE V.M, VELLAKKATTU PADIKKAL HOUSE, PAY BAZAR, ERIYAD P.O, KODUNGALLOOR, THRISSUR DISTRICT – 680 666 ADDL. R27 IS IMPLEADED AS PER ORDER DATED 02.03.2018 IN I.A. 2230/2018. BY ADVS. SRI.K.K.RAVINDRANATH, ADDL.ADVOCATE GENERAL SRI.E.M.ABDUL KHADER SRI.ABDUL RAOOF PALLIPATH SRI.V.S.ANU MON SRI.S.ABHILASH VISHNU SRI.AMAL KASHA SMT.AMRIN FATHIMA SRI.ATHUL SHAJI SRI.BABU KARUKAPADATH SMT.A.S.CHINJU DUTH SMT.DEEPTHI S.MENON SMT.DHANUJA VETTATHU SRI.K.M.FAISAL KALAMASSERY SRI.GEORGE POONTHOTTAM SRI.K.GOPALAKRISHNA KURUP SR. SRI.T.B.HOOD SMT.M.ISHA SMT.LAKSHMI RAMADAS SRI.MITHUN BABY JOHN SRI.P.RAVINDRAN SR. SRI.RAHUL ROY SRI.T.A.SHAJI SR. SRI.T.N.SURESH SRI.K.SURESH SRI.SREEDHAR RAVINDRAN SRI.THOLAMKULAM CHAKKO THOMAS SMT.M.A.VAHEEDA BABU SRI.P.U.VINOD KUMAR SRI.P SREEKUMAR SC WP(C) Nos.36264/2017, 29224/2017 5 2025:KER:25658 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2025, ALONG WITH WP(C).29224/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) Nos.36264/2017, 29224/2017 6 2025:KER:25658 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO. 29224 OF 2017 PETITIONER: AKSHAY HARSHA KUMAR AGED 19 YEARS S/O.BHASKARAN HARSHA KUMAR, AISWARYA, MANAPPALI NORTH, KARUNAGAPPALLY, KOLLAM 690 574. BY ADVS. SRI.P.NANDAKUMAR SRI.S.ANEESH SMT.AMRUTHA SANJEEV RESPONDENTS: 1 STATE OF KERALA REP. BY ITS SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2 ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL COLLEGES IN KERALA, REP. BY ITS CHAIRMAN, HEAD OFFICE, TC 15/1553 -4, PRASANTHI BUILDINGS, VAZHUTHACAUD, THIRUVANANTHAPURAM 695 014. 3 COMMISSIONER FOR ENTRANCE EXAMINATIONS KERALA FIFTH FLOOR HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM 695 001. 4 KERALA UNIVERSITY OF HEALTH SCIENCES WP(C) Nos.36264/2017, 29224/2017 7 2025:KER:25658 REP. BY ITS REGISTRAR, THRISSUR 680 596. 5 KARUNA MEDICAL COLLEGE REP. BY ITS PRINCIPAL, VILAYODI, CHITTUR, PALAKKAD 678 103. BY ADVS. SRI.K.K.RAVINDRANATH, ADDL.ADVOCATE GENERAL SRI.GEORGE POONTHOTTAM SRI. P SREEKUMAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2025, ALONG WITH WP(C).36264/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) Nos.36264/2017, 29224/2017 8 2025:KER:25658 MOHAMMED NIAS C.P., J ========================================= W.P(C) Nos. 36264 & 29224 of 2017 ========================================= Dated this the 26th day of March, 2025 J U D G M E N T The W.P.(C) No.36264 of 2017 is filed with the following prayers; “ i) Declare that “The Kerala Professional Colleges (Regularisation of Admission in Medical Colleges) Ordinance, 2017 (Ordinance No. 21 of 2017)" ultra vires the Constitution of India and strike down the same. ii) Issue a writ of mandamus or other appropriate writ, order or direction directing the respondents to implement the order of the 2nd respondent dated 14.11.2016 (Ext P4) concerning admission to the Self Financing Medical Colleges for the academic year 2016-17. iii) Issue such other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. ” 2. The W.P.(C) No.29224 of 2017 is filed with the following prayers; “ i) To issue a Writ of Mandamus directing the 2nd respondent to verify the documents submitted by the petitioner for getting admission to MBBS course in Karuna Medical College under NRI quota and include his name also along with the students eligible to be WP(C) Nos.36264/2017, 29224/2017 9 2025:KER:25658 found for admission during the academic year 2016-2017. ii) To declare that the petitioner is eligible for admission to MBBS course in Karuna Medical College under NRI quota for the academic year 2016-2017 and permit him to continue his studies. iii) To issue a Writ of Mandamus directing the 1st respondent to issue appropriate orders for enabling the petitioner to continue his studies for MBBS course in Karuna Medical College. iv) To issue such other writs, orders, or directions as this Hon'ble Court may deem fit and proper in the circumstances of the case. ” 2. These writ petitions pertain to the admission for the year 2016-17. In view of the passage of time, nothing further remains to be considered in these writ petitions, and the same is dismissed as infructuous. Sd/- MOHAMMED NIAS C.P. JUDGE LU WP(C) Nos.36264/2017, 29224/2017 10 2025:KER:25658 APPENDIX OF WP(C) 29224/2017 PETITIONER EXHIBITS : EXHIBIT P1 TRUE COPY OF THE ATTESTED PASSPORT COPY OF THE PETITIONER'S FATHER EXHIBIT P2 TRUE COPY OF ATTESTED SALARY CERTIFICATE OF THE PETITIONER'S FATHER DATED 22.9.2016 EXHIBIT P3 TRUE COPY OF RELATIONSHIP CERTIFICATE DATED 23.9.2016 ISSUED BY VILLAGE OFFICER, PAVUMBA VILLAGE EXHIBIT P4 TRUE COPY OF THE REPORT ON THE ADMISSION PROCEEDINGS IN RESPECT OF KARUNA MEDICAL COLLEGE PREPARED BY THE 3RD RESPONDENT EXHIBIT P5 TRUE COPY OF THE ORDER DATED 14.11.2016 OF THE 2ND RESPONDENT EXHIBIT P6 TRUE COPY OF THE ORDER DATED 15.11.2016 IN SLP NO. 32580 - 32581 OF 2016 EXHIBIT P7 TRUE COPY OF ORDER DATED 22.3.2017 IN SLP NO. 32580-32581 OF 2016 EXHIBIT P8 TRUE COPY OF KERALA PROFESSIONAL COLLEGES (REGULARISATION OF ADMISSION IN MEDICAL COLLEGES) ORDINANCE, 2017 (ORDINANCE NO.21 OF 2017) DATED 20.10.2017. EXHIBIT P9 TRUE COPY OF EXAM SCHEDULE PUBLISHED BY 4TH RESPONDENT DATED 04.01.2018. WP(C) Nos.36264/2017, 29224/2017 11 2025:KER:25658 APPENDIX OF WP(C) 36264/2017 PETITIONER EXHIBITS : EXHIBIT P1 TRUE COPY OF COMPLAINT FILED BY THE 2ND PETITIONER DATED 18.9.2016 BEFORE THE 2ND RESPONDENT. EXHIBIT P2 TRUE COPY OF COMPLAINT FILED BY THE 2ND PETITIONER DATED 20.9.2016 BEFORE THE 2ND RESPONDENT. EXHIBIT P3 TRUE COPY OF COMPLAINT FILED BY THE 2ND PETITIONER DATED 23.9.2016 BEFORE THE 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF ORDER NO. ASC 100/16/MBBS/KMC DATED 14.11.2016 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P5 TRUE COPY OF JUDGMENT DATED 22.6.2017 IN WP(C) NO.13596/2017 PASSED BY THIS HON'BLE COURT. EXHIBIT P6 TRUE COPY OF THE NOTIFICATION NO.20712/LEG.H1/2017/LAW DATED 20.10.2017 ISSUED BY THE 1ST RESPONDENT PROVIDED FOR REGULARISATION OF ADMISSIONS OF STUDENTS IN CERTAIN MEDICAL COLLEGES IN THE STATE DURING THE ACADEMIC YEAR 2016-17 AND NAMED AS KERALA PROFESSIONAL COLLEGES (REGULARISATION OF ADMISSION IN MEDICAL COLLEGES) ORDINANCE, 2017. RESPONDENT EXHIBITS : EXHIBIT R5 A THE TRUE COPY OF MY CBSE NATIONAL ELIGIBILTY CUM ENTRANCE TEST/NEET UG 2016 RESULT DATED 16.08.2016. EXHIBIT R5 B THE TRUE COPY OF THE ONLINE APPLICATION GIVEN BY THE 2ND RESPONDENT FROM THEIR WEBSITE UNDER THE RIGHT TO INFORMATION ACT TO THE PETITIONER. WP(C) Nos.36264/2017, 29224/2017 12 2025:KER:25658 EXHIBIT R4 A TRUE COPY OF THE RELEVANT PORTION OF THE LIST PUBLISHED BY THE STATE ENTRANCE COMMISSIONER ON 07.10.2016 BASED ON ALPHABETIC ORDER OF THE CANDIDATES WHO HAVE APPLIED FOR SPOT ADMISSION. EXHIBIT R4 B TRUE COPY OF THE COMMUNICATION NO.KMC/CEE/10- 2016/33 DATED 07.10.2016 WITH ACKNOWLEDGE EXHIBIT R4 C TRUE COPY OF THE COMMUNICATION NO. KMC/ASC/10-2016/33 DATED 31.10.2016 WITH ACKNOWLEDGE EXHIBIT R4 D TRUE COPY OF THE ORDER DATED 22.03.2017 IN SPECIAL LEAVE TO APPEAL (C) NO. 32580, 32581/2016 PASSED BY THE HON’BLE SUPREME COURT. EXHIBIT R3 A TRUE COPY OF THE RELEVANT PORTION OF THE LIST PUBLISHED BY THE STATE ENTRANCE COMMISSIONER ON 07.10.2016 BASED ON ALPHABETIC ORDER OF THE CANDIDATES WHO HAVE APPLIED FOR SPOT ADMISSION. EXHIBIT R3 B TRUE COPY OF THE ORDER NO.ASC 100/16/MBBS- BDS/DIRECTIVES DATED 04.08.2016 PASSED BY THE ADMISSION SUPERVISORY COMMITTEE. EXHIBIT R3 C TRUE COPY OF THE JUDGMENT DATED 28.10.2016 IN W.P.(C) NO.30697/2016 PASSED BY THIS HON’BLE COURT. EXHIBIT R3 D TRUE COPY OF THE ORDER NO.ASC 100/16/MBBS/KMC DATED 14.11.2016 PASSED BY THE ADMISSION SUPERVISORY COMMITTEE EXHIBIT R3 E TRUE COPY OF THE ORDER NO.ASC/100/16/MBBS/KARUNA DATED 14.11.2016 PASSED BY THE ADMISSION SUPERVISORY COMMITTEE. EXHIBIT R3 F TRUE COPY OF THE ORDER DATED 22.03.2017 IN SPECIAL LEAVE TO APPEAL (C) NO. 32580, 32581/2016 PASSED BY THE HON’BLE SUPREME COURT. // True Copy // PA To Judge