Kerala High Court Weekly Roundup: January 3 To January 8, 2022

1. NEET PG: Kerala High Court Dismisses Plea Seeking To Quash State Circular Granting 27% Reservation To SEBCCase Title: Dr. Sreeparvathy & Ors. v Commissioner of Entrance Examinations & Anr. Citation: 2022 LiveLaw (Ker) 9The Court dismissed a plea moved by MBBS graduates challenging a circular issued by the State government increasing reservation for the socially and economically backward classes (SEBC) from 9% to 27% in medical postgraduate courses. After having elaborately heard the matter over the course of the past couple of months, Justice N Nagaresh dismissed the plea.2. Walayar Rape-Death Case: Kerala High Court Dismisses Bail Pleas Moved By Three Accused, Asks Them To Approach Trial CourtCase Title: Madhu Alias Valiya Madhu v. Central Bureau of Investigation Citation: 2022 LiveLaw (Ker) 10The Court dismissed the bail applications moved by the prime accused in the infamous Walayar case that had built up public outrage in the State. Noting that the final report had already been filed before the trial court, Justice P. Gopinath asked the applicants to approach the trial court with their bail applications since that would be the appropriate forum to consider the same:"Having regard to the fact that the final report has already been filed and the fact that the petitioner in one of the bail applications also faces allegations of having committed offences under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 I am of the view it is for the petitioners to approach the jurisdictional court for bail."3. District Court Can Only Appoint Guardian For Minor's 'Property', Not 'Person': Kerala High CourtCase Title: K.S. Narayana Elayathu v. Sandhya Citation: [2022 LiveLaw (Ker) 3]The Court ruled that while District Courts are empowered to appoint a guardian for a minor's property, only Family Court can appoint a guardian for the person of a minor.While partly allowing an appeal, a Division Bench comprising Justice A. Mohamed Mustaque and Justice Sophy Thomas set aside the proceedings of the District Court to the extent of appointing a guardian for the person of the minor.4. 'Not Sure If All Ambulances Carry Genuine Patients' : Kerala High Court Calls For Monitoring SystemThe Court orally commented that perhaps it was time to bring about a monitoring system to regulate ambulances cutting through traffic in the State, particularly in the city of Kochi.While hearing a bail application of a man alleged to have committed an offence in an ambulance, Justice P Gopinath remarked that this was an issue of immense gravity citing the rising number of similar cases being brought to the fore in the State:"It is a very serious issue. But at the same time, how can the police regulate this? They cannot stop and inspect all the ambulances plying in the city; this could cost a life, leading to disciplinary action against the responsible officer. Everyone including the police will make way for an ambulance upon hearing its siren. But only God knows what is being transported in it. I am not sure if all these ambulances are transporting genuine patients in the first place."5. CLAT Clearance Mandate For NTPC Law Officer Appointment Prima Facie Discriminatory : Kerala High CourtCase Title: Aishwarya Mohan v. Union of India & OrsThe Court found merits in the contentions raised by the petitioner who had sought to quash the condition mandating applicants to clear CLAT to apply to the post of Assistant Law Officer in National Thermal Power Corporation Limited (NTPC).Finding the condition prima facie discriminatory, Justice V.G. Arun observed that there was no rationale for precluding candidates like the petitioner from the post:Also Read: Kerala High Court Issues Notice On Plea Challenging CLAT Clearance As A Prerequisite To Be Appointed As Law Officers At NTPC6. [Actor Sexual Assault Case] Sufficient Reasons Required To Recall Witnesses : Kerala High CourtCase Title: State of Kerala v. Sunil N.S @ Pulsar SuniFurther developments ensued in the sensational actress sexual case that involves Malayalam actor Dileep, as the Court observed that the prosecution should produce adequate justification for seeking to recall the witnesses in the case. Justice Kauser Edappagath reserved orders in the Criminal Miscellaneous case filed by the State against the trial court approving to collect a confidential statement from director Balachandra Kumar, who made some explosive disclosures, on January 12th.7. 'Filmmaker Has Artistic Freedom': Kerala High Court Impleads State Police Chief To Prove Statutory Violation In Publication Of ChuruliCase Title: Peggy Fen v. Central Board of Film Certification & Ors.The Court suo motu impleaded the State Police Chief to file a statement to report if there was any statutory violation in exhibiting the Malayalam movie 'Churuli'. The Court passed the direction in the writ petition filed against the movie citing excessive use of abusive and obscene language. Justice P.V. Kunhikrishnan while...

Kerala High Court Weekly Roundup: January 3 To January 8, 2022

Hannah M Varghese

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