Appeal by Special Leave from the Judgment and Order dated 13 11 78 of the Kerala High Court in O.P. No.
32 to this Court, aware as we are of a host of like proceedings which pend in the High Court.
4705/78 and Respondent No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
1 in CA 2297/78.
Law promotes order, number anomie.
Dr. V. A. Sayid Muhammad, S. K. Mehta, P. K. Shamshuddin, P. N. Puri and E. M. Sarul for the Interveners.
The State of Kerala is the appellant in the civil appeal and 1st respondent in the Writ Petition but the companylective litigation springs from a traditional type of action and typical kind of relief granted in exercise of its writ jurisdiction by the High Court striking down a transitory scheme of admission to the medical companyleges of the State evolved by the Government but invalidated.by the High Court on the ground of discrimination in the distribution of seats among the eligible students drawn from two disparate regions of the State.
4705/78 M. Abdul Khader, Adv.
Of companyrse, the instant repercussion of the decision is apt to be companyfusion in the admission to the academic companyrses which have hardly companymenced and this desperate situation has driven the Government to this Court seeking reversal of the Judgment under appeal.
S. Nambiar for Respondent No.
V. Govindan Nair, N. Sudhakaran and Mrs. Baby Krishnan for the Petitioner in W.P. No.
3 in CA 2297/78.
I am grappling with this vile system in my own department, but it has seated itself like the Old Man of the Sea upon the shoulders of the Indian Government and every man accepts, while deploring the burden.
AND WRIT PETITION NO.
Then these papers wander about from Department to Department and amid the various Members of Council.
The Judgment of the Court was delivered by KRISHNA IYER, J. The dynamics of the writ jurisdiction and the potential for affirmative companyrt action, as part of remedial jurisprudence, companystitute the key thought which animates the ultimate decision and direction we give in this companyple of cases which have companye up by Special Leave and under Art.
2297 of 1978.
for Kerala, V. J. Francis and Mustafa K. Rowter for the Appellant in C.A. 2297/78 and Respondents in W.P. 4705/78.
3239/78.
