STATE OF KERALA Vs. PUSHPAGIRI MEDICAL SOCIETY
LAWS(KER)-2003-2-30
HIGH COURT OF KERALA
Decided on February 17,2003

STATE OF KERALA Appellant
VERSUS
PUSHPAGIRI MEDICAL SOCIETY Respondents

JUDGEMENT

- (1.) Is the decision given by the Bench on January 20,2003 in the two petitions under Art.226 of the Constitution not in conformity with the judgment of the Supreme Court in T.M.A. Pai's case This is the core of the controversy in the five Review Petitions filed by the respondents in the two cases. The other Review Petitions have been filed by persons who were not parties in the Original Petitions. Thus, they have sought the leave of the Court to file the Review Petitions. Hence, the two Misc. Petitions. The facts as emerging from the records of O.P. No. 39420 of 2002 (Pushpagiri Medical Society v. State of Kerala and Ors) may be briefly noticed.
(2.) In March 2002, the State of Kerala issued a prospectus for admission to the medical colleges in the State for the year 2002-03. In pursuance to the stipulation in the prospectus, an entrance examination was conducted. The selected candidates were admitted to the institutions existing at that time.
(3.) On October 11, 2002 the State of Kerala accorded sanction for the admission of 100 candidates at the Pushpagiri Institute of Medical Sciences, Thiruvalla for the academic year 2002-03. Before the admission could be actually made, Hon'ble the Supreme Court of India decided the case relating to the admission to private medical - colleges, viz., T.M.A. Pai Foundation v. State of Karnataka ( 2002 (8) SCC 481 ). As a sequel to the decision of their Lordships of the Supreme Court, the State of Kerala issued an order dated December 18, 2002 notifying its approval of the Kerala Unaided Professional Colleges (Admission of Students and Fixation of Fees) Regulations, 2002. A copy of the order along with the Regulations is on record as Ext. P9. On December 19, 2002 it issued a further order providing inter alia for the fixation of fees. Copy of this order is Ext. P10. This order related to the payment of fees by the candidates sponsored by the Commissioner.;


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