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2018 (9) TMI 2055 - SC - Indian LawsIllegal admission of students in the Kannur Medical College and Karuna Medical College run by Prestige Educational Trust and Safe Development Alms Trust respectively - Jurisdiction - power of State of Kerala to promulgate the Kerala Professional Colleges (Regularisation of Admission in Medical Colleges) Ordinance, 2017 (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. HELD THAT - It is apparent from the order passed by this Court as well as by the High Court of Kerala that receiving online applications was mandatory and it was laid down in the judgment for ensuring the fair process of admissions, transparency as well as identities of the applicants. The condition was the outcome of the judgment on the power of judicial review passed by the Kerala High Court and affirmed by this Court also. Thus, the very same judgment is sought to be nullified by the impugned Ordinance by making a provision to the contrary. Admissions as per the Ordinance are to be regularised dehors the mode of submitting the applications. It is not removing the defect in any existing law. The Ordinance has clearly annulled a judgment of Court which was laid down in order to ensure fair procedure. Perusal of entire impugned Ordinance, indicates that it is a blatant attempt of regularisation of admissions made which were declared to be invalid not only by the High Court of Kerala but by this Court after this Court had dealt with the order dated 14.11.2016 passed by the ASC after hearing the matter for several days and the Court had passed a reasoned order. While dismissing/disposing of the matters, this Court directed the 30 students who were illegally deprived of the admission, to be admitted in the next academic session 2017-18. It was clearly not a dismissal of the case in limine but a reasoned order. In the writ petitions filed by the colleges and Ors. the validity and legality of the order dated 14.11.2016 was questioned. However, this Court has upheld the same. It is also apparent that what the State Government has done by way of impugned Ordinance is not only impermissible and beyond legislative competence it also has the effect of perpetuating illegality and arbitrariness committed by the colleges in question by not following the mandate of law laid down by the High Court as affirmed by this Court. An effort has been made to cover up the arbitrariness and illegality in an illegal and impermissible manner for which the State Government had no competence. The provisions made in the Ordinance are otherwise also quite illegal and arbitrary besides in violation of the doctrine of separation of powers enshrined Under Article 50 of the Constitution of India. The State Government was not competent to promulgate the impugned Ordinance as already held. The question cannot be agitated afresh who could have obtained admission on the basis of the merit. There may be a large number of other students who might have been deprived of their right to obtain admission. Such kind of enquiry is impermissible to be made now in the wake of the decisions which have attained finality and are binding upon all concerned. The power Under Article 142 cannot at all be exercised by this Court in view of the fact that it was not competent to enact the impugned Ordinance by the State Government so as to perpetuate an illegality in view of the pronouncements made earlier - the impugned Ordinance is declared to be ultra vires and entrenching upon the field earmarked for the judiciary as it sought to nullify the judgment and order passed by the High Court and by this Court - petition allowed.
Issues Involved:
1. Competence of the State of Kerala to promulgate the Kerala Professional Colleges (Regularisation of Admission in Medical Colleges) Ordinance, 2017. 2. Legality of the admissions made by Kannur Medical College and Karuna Medical College. 3. Judicial review and the power of the judiciary versus legislative authority. 4. Validity of the Ordinance in light of previous Supreme Court and High Court judgments. Detailed Analysis: 1. Competence of the State of Kerala to Promulgate the Ordinance: The primary issue was whether the State of Kerala had the authority to promulgate the Kerala Professional Colleges (Regularisation of Admission in Medical Colleges) Ordinance, 2017. The Ordinance aimed to regularize the admissions of 180 students who were found to be illegally admitted to Kannur Medical College and Karuna Medical College. The Supreme Court found that the Ordinance was an overreach of the State's legislative powers, as it sought to nullify judicial decisions, which is beyond the legislative competence of the State. 2. Legality of the Admissions: The admissions in question were found to be illegal by the Admission Supervisory Committee (ASC), the High Court of Kerala, and the Supreme Court. The ASC had issued several orders directing compliance with NEET and centralized counseling, which the colleges failed to follow. The Kerala High Court and the Supreme Court upheld the ASC's findings, confirming that the admissions were made in contravention of the established guidelines and were thus illegal. 3. Judicial Review and Legislative Authority: The judgment emphasized the doctrine of separation of powers, stating that the legislature cannot nullify judicial decisions. The Supreme Court referenced several Constitution Bench decisions, including Janapada Sabha Chhindwara v. The Central Provinces Syndicate Ltd., and State of Tamil Nadu v. State of Kerala, which established that legislative actions cannot override judicial decisions. The Ordinance was seen as an attempt to nullify the judicial findings and was therefore unconstitutional. 4. Validity of the Ordinance: The Supreme Court scrutinized the Ordinance and found it to be a direct encroachment on judicial powers. The Court noted that the Ordinance aimed to regularize admissions that had been declared illegal by the judiciary, thereby nullifying the effect of judicial decisions. The Court held that the Ordinance was not a case of removing a defect in existing law but an attempt to override judicial decisions, which is impermissible. Conclusion: The Supreme Court declared the Kerala Professional Colleges (Regularisation of Admission in Medical Colleges) Ordinance, 2017, as ultra vires, stating that it encroached upon the judiciary's domain and sought to nullify judicial decisions. The Court emphasized that the separation of powers doctrine must be upheld, and legislative actions cannot invalidate judicial rulings. The Ordinance was found to perpetuate illegality and arbitrariness and was thus struck down.
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