K JACOB MATHEW Vs. STATE OF KERALA
LAWS(KER)-1963-8-39
HIGH COURT OF KERALA
Decided on August 23,1963

K.JACOB MATHEW Appellant
VERSUS
STATE OF KERALA Respondents


Cited Judgements :-

GURJIT SINGH RANDHAWA VS. STATE [LAWS(P&H)-1984-12-3] [REFERRED TO]
STATE OF KERALA VS. RAFIA RAHIM [LAWS(KER)-1978-2-25] [REFERRED TO]
KASHI RAM KHANNA AND OTHERS VS. UNION OF INDIA AND OTHERS [LAWS(ALL)-1985-5-80] [REFERRED TO]
P SAGAR VS. STATE OF ANDHRA PRADESH [LAWS(APH)-1966-10-22] [REFERRED TO]
MISS KAUSAR EFFENDI VS. GORAKHPUR UNIVERSITY THROUGH REGISTRAR AND ORS. [LAWS(ALL)-1986-5-23] [REFERRED TO]
YASHWANT CHAUHAN VS. STATE OF RAJASTHAN [LAWS(RAJ)-1996-10-3] [REFERRED TO]
BHAVANI AMMA VS. MADHAVAN [LAWS(KER)-1978-2-9] [REFERRED TO]
JUGALDAS JIVA CHUDASAMA VS. PRINCIPAL, COLLEGE OF ENGINEERING, GOA [LAWS(BOM)-1980-7-33] [REFERRED]
ANIL VS. DEAN GOVT MEDICAL COLLEGE NAGPUR [LAWS(BOM)-1984-7-6] [REFERRED TO]
Chamaraja VS. State of Mysore and another [LAWS(KAR)-1965-10-10] [REFERRED TO]


JUDGEMENT

- (1.)IN these writ petitions, the respective writ petitioners dispute, under Art. 226 of the Constitution, the principles laid down by the State Government, regarding admissions to the Medical and Engineering Colleges in the State.
(2.)THE order, the validity of which is challenged in these proceedings, is Ext. R1, dated 7th June, 1963, in O.P. No. 1266/1963, which, it is accepted by learned counsel appearing for the petitioners as well as the learned Advocate General appearing for the State, governs the matter of admissions to these institutions. According to the petitioners, but for the reservations made in the impugned order, they would have been entitled to admission in respect of the colleges for which they had applied. According to them, as a result of the reservations made by the said order, students who have obtained lesser percentage of marks have been admitted; and the petitioners, notwithstanding the fact that they have got higher number of marks, have not been admitted.
The short contention that is raised on behalf of these petitioners, is that the order under attack, which has denied them the facility of admission in the respective colleges, is void under Arts. 15(1) and 29(2) of the Constitution; and, as such, they pray that direction should be given to the respondents, which include the State, not to enforce those directions, as against the petitioners in the matter of their seeking admission to the colleges in question.

In these writ petitions, the Principals of the concerned colleges, namely, the Medical and Engineering Colleges, have also been impleaded as additional respondents. In one particular writ petition, the Committee constituted for selection, as well as the Director of Technical Education and certain other authorities, have also been impleaded as respondents.

(3.)THE petitioners in O.P. Nos. 1266/63, 1290/63, 1294/63, and 1407/63, are applicants for admission either to the Pre-medical or first year M.B.B.S. course in the Medical College for the year 1963-64. THE petitioners in O.P. Nos. 1271/63 and 1360/63, are applicants for admission to the Engineering College for the year 1963-64.
Learned counsel for all the writ petitioners, as well as the learned Advocate General appearing for the State, have requested this court to treat the pleadings in O.P. No. 1266/63 as representing the nature of the attack levelled as against the order in question, as well as the stand taken by the State in defence of the said order. Therefore, I would be referring, in the course of the judgment, to the pleadings in that writ petition, as well as to the exhibits that have been filed in those proceedings, with reference to the exhibit marks they bear in those proceedings.

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