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Government decision on counselling not justified

By Our Staff Reporter

KOCHI, AUG. 24. The Kerala High Court today observed that the Government order which said that those who did not attend the first round of counselling could also participate at the centralised counselling for the re-allotment of MBBS seats was not justified.

Justice K. Balakrishnan Nair said that the order could not be said to rectify any mistake or render any justice candidates who wrongly opted for the courses.

It would amount to "smuggling" in of ineligible candidates in violation of the prospectus. The judge made the observation while disposing of a writ petition filed by Within of Pariyaram Medical College.

According to the petitioner, as a result of the order, the petitioner who got admission was under threat. The petitioner said that the candidates who had stayed away from the first round of counselling were allowed to participate and stake their clam. The State Government said that the Academy of Medical Sciences, Pariyaram, that ran medical colleges decided to collect a fee applicable to the Government colleges from the merit quota students. So, the Government decided to reopen the allotment from rank 332.

The Government said that the allotment of certain seats had to be withheld because certain medical colleges had not obtained permission from the Medical Council of India. Besides, two dental colleges, which originally did not have the approval from the Dental Council, had subsequently obtained the sanction.

Besides, two colleges under the cooperative sector were willing to collect fee at the Government college rate, instead of the fee fixed by the K.T. Thomas Committee. Therefore, the re-allotment had to be made.

The court said that if the candidates with higher ranks who did not attend the counselling earlier were allowed to take part, it would affect the candidates like the petitioner. The Commissioner for Entrance Examination has been directed to examine the matter within two weeks.

Directive on mining pits

The High Court has ordered that the pits dug for mining of ordinary sand and brick clay and had reached the groundwater level should be levelled as early as possible.

The judge issued the directive on a batch of writ petition filed by some persons against the denial of permits for mining sand from their property. The court said that as per the provision of the Kerala Minor Mineral Concessions Rules, the petitioners should stop mining when it reached groundwater level.

Case quashed

Justice G. Sasidharan has quashed the charge-sheets filed against K.C. Prem Shakar, former Superintendent of Police, Kannur, now Additional DGP, and R.V. Kunjappan, the then SI of Mattanoor, for assaulting the editor of Sudhinam, Maniyeri Madhavan.

The allegation was that Mr. Madhavan was assaulted in February 1998 while he was returning home after his work. The CBI took over the investigation following a Supreme Court directive. The judge said that the charge-sheet did not make out any prima facie case against the petitioners.

Tribunal constituted

The Government informed the court of Justice M. Ramachandran that a tribunal for the Local-Self Government Institutions, as per the provisions of the Kerala Panchayat Raj, had been constituted by an order issued on August 11, 2004. The tribunal is headed by the Additional District Judge, Thiruvananthapuram. The tribunal would hear the appeals against the decision of the panchayats.

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