ARUN MISHRA, J. - (1.) The question involved in the writ petition/s is, whether the State of Kerala is competent to promulgate the Kerala Professional Colleges (Regularisation of Admission in Medical Colleges) Ordinance, 2017 (hereinafter referred to as "the Ordinance") notified on 20.10.2017, which is intended to nullify judgments and orders of this Court and encroaches upon the power of the judiciary.
(2.) The State of Kerala has promulgated the impugned Ordinance for regularising the admission of 180 students who were illegally admitted in the Kannur Medical College and Karuna Medical College run by Prestige Educational Trust and Safe Development Alms Trust respectively. The students were admitted to the said medical colleges in the academic year 2016-17. After enquiry, it was found by the Admission Supervisory Committee of the professional colleges (in short "the ASC") that admissions were illegal. The decision was upheld by the High Court of Kerala and by this Court.
(3.) The background facts are that on 28.4.2016, this Court in Sankalp Charitable Trust v. Union of India and Ors. (2016) 7 SCC 487 directed that admissions to the MBBS/BDS courses shall be through the National EligibilitycumEntrance Test (NEET). The ASC vide order dated 4.8.2016 issued several directions to all the professional colleges in the State of Kerala to conduct the admission process in compliance of the directions laid down by this Court in Sankalp Charitable Trust (supra). On 9.8.2016, the Central Government directed all the States and Union Territories to conduct the combined/centralised counselling for the academic year 2016-17 for admission in MBBS course in the respective States/Union Territories, in line with the judgment passed by this Court in the case of Modern Dental College and Research Centre and Anr. v. State of M.P. and Ors. (2016) 7 SCC 353.;