Devika Rajan vs Veterinary Council Of India
2021 Latest Caselaw 11273 Ker

WP(C).No.5339 OF 2021(N)

                                   1

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943

                       WP(C).No.5339 OF 2021(N)


PETITIONER:

               DEVIKA RAJAN
               AGED 19 YEARS
               D/O.L.V. RAJAN, KRISHNA KRIPA, KARUKACHAL P.O. 686
               540, KOTTAYAM DISTRICT.

               BY ADVS.
               SRI.P.SAMSUDIN
               SRI.M.ANUROOP

RESPONDENTS:

      1        VETERINARY COUNCIL OF INDIA
               A WING 2ND FLOOR, AUGUST KRANTI BHAVAN, BHIKAJIKAMA
               PALACE, NEW DELHI 110 066, REPRESENTED BY CHAIRMAN.

      2        NATIONAL TESTING AGENCY,
               C-20 IA/8, SECTOR 62, IITK, OUT REACH CENTRE NOIDA
               201 309. REPRESENTED BY ITS CHAIRMAN.

      3        COMMISSIONER FOR ENTRANCE EXAMINATIONS KERALA,
               VTH FLOOR, HOUSING BOARD BUILDING, SANTHI NAGAR,
               THIRUVANANTHAPURAM 695 014.

      4        THE KERALA VETERINARY AND ANIMAL SCIENCE
               UNIVERSITY,
               REPRESENTED BY REGISTRAR, VETERINARY UNIVERSITY
               THRISSUR, MANNUTHY P.O. 68 651, THRISSUR DISTRICT.

      5        THE REGISTRAR,
               THE KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY
               THRISSUR. MANNUTHY P.O. 680 651, THRISSUR DISTRICT.

      6        THE PRINCIPAL,
               COLLEGE OF VETERINARY AND ANIMAL SCIENCE THRISSUR.
               MANNUTHY P.O. 680 651, THRISSUR .
 WP(C).No.5339 OF 2021(N)

                               2

      7      THE PRINCIPAL,
             COLLEGE OF VETERINARY AND ANIMAL, SCIENCE POOKOTE,
             POOKODE, P.O. 673 576, WAYANAD DISTRICT.

             R2 BY ADV. SHRI.NIRMAL S, SC, NATIONAL TESTING
             AGENCY
             R3 BY GOVERNMENT PLEADER
             R4-5 BY ADV. SRI.T.K.SAJEEV

OTHER PRESENT:

             NIRMAL S.,SC, AYSHA YOUSEFF,SC AND NISHA BOSE,GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24-
03-2021, THE COURT ON 08-04-2021 DELIVERED THE FOLLOWING:
 WP(C).No.5339 OF 2021(N)

                                         3

                                 JUDGMENT

Dated this the 8th day of April 2021

The prayers in the writ petition are as follows:

"i) a writ of mandamus or any other appropriate writ order or direction directing the respondents to recall 3 seats for BVSC wrongly allotted in excess of what is earmarked in Ext.P4, and make available those seats for allotment to Students in Kerala state under VHSC Live Stock Management quota in the interest of justice.

ii) a writ of mandamus or any other appropriate writ order or direction directing the respondents to make necessary amendments in the prospectus for NEET (UG) in the clause regarding All India Quota of seats for BVSC in the Veterinary and Animal Science Colleges in Kerala to reduce it in proportion to the reduction of total seats for the course from 220 to 180, in the interest of justice."

2. Heard the learned counsel for the petitioner, the learned CGC

appearing for the 1st respondent, the learned counsel appearing for

the 2nd respondent, the learned Government Pleader appearing for

the 3rd respondent as well as the learned standing counsel appearing

for respondents 4 to 7.

3. The petitioner submits that she had scored rank no.389536 in

the NEET (UG) and had opted for admission to BVSC in the State

quota. It is submitted that after the exercise of option, her category- WP(C).No.5339 OF 2021(N)

wise rank for admission to BVSC is rank no.5. It is stated that 3

candidates have already been allotted for admission.

4. The learned counsel for the petitioner contends that there are

180 seats for BVSC in 2 colleges under the 4th respondent, ie, 100 seats

in the 6th respondent college of Mannuthy and 80 seats in the 7 th

respondent college at Pookode. It is stated that only 12 seats each in

both the colleges are earmarked for the All India Quota and therefore

only 24 seats could have been allotted to the said quota. However, in

the final allotment, 27 seats are allotted to the All India Quota, 15

seats in Mannuthy and 12 seats in Pookode. It is therefore contended

that 3 seats are allotted to the All India Quota in excess and if the

said 3 seats are made available to the State quota, the petitioner

would get admission. It is on these grounds that the writ petition is

filed. The learned counsel for the petitioner relies on Ext.P4, which is

an annexure produced along with the prospectus to show that only

24 seats are allotted to the VCI/ICAR quota in the 2 colleges.

5. A statement has been filed by the 4th respondent wherein it is

stated that as per the MSVE Regulations 2016, the Veterinary Council

of India, which is the regulatory authority, reserves 15% of total seats WP(C).No.5339 OF 2021(N)

in each of its recognized colleges as All India Quota seats. It is

submitted that therefore, the number of seats reserved in the 6 th

respondent college is 15% of 100 seats, ie, 15 seats and the number of

seats reserved in the 7th respondent college is 12. it is stated that 27

seats are available for the All India Quota and 27 students were

allotted under the VCI/ICAR quota and there is no seat available to

accommodate the petitioner. It is submitted that there was a

typographical error in Ext.P4 KEAM prospectus, where the VCI quota

was wrongly stated as 12 seats under the 6 th respondent college also.

The fact was duly intimated to the Commissioner of Entrance

Examination and that corrections had been duly effected and 15

students were allotted in the 6th respondent college in the All India

Quota.

6. The learned Government Pleader appearing for the 3 rd

respondent also submits that the mentioning of ICAR/VCI quota as 12

was a clerical mistake and that 15 seats were available in the 6 th

respondent college under the ICAR/VCI quota and 12 seats in the 6 th

respondent college totaling to 27 seats under the said quota. It is

submitted that the mistake which occurred in Ext.P4 had been duly WP(C).No.5339 OF 2021(N)

corrected and admissions had been made strictly in accordance with

the quota prescribed by the VCI.

Though a reply affidavit has been placed on record by the

learned counsel for the petitioner stating that the calculation of the

seats available for the State quota is incorrect, I am of the view that

since admittedly 27 seats were available for admission under the

ICAR/VCI quota, the contention of the petitioner that the petitioner

is eligible for admission in the seats which have been allotted in

excess in the All India Quota cannot be accepted. The prayers sought

for in the writ petition, therefore, cannot be granted. The writ

petition thus fails and the same is, accordingly, dismissed.

sd/-

ANU SIVARAMAN, JUDGE.

sj/NP WP(C).No.5339 OF 2021(N)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CERTIFICATE ISSUED BY THE BOARD OF VOCATIONAL HIGHER SECONDARY EXAMINATION.

EXHIBIT P2 TRUE COPY OF THE NEET RESULT AND KERALA RANK.

EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF CATEGORY WISE LIST IN RANK ORDER ISSUED BY THE CEE.

EXHIBIT P4 TRUE COPY OF RELEVANT PAGES OF THE KEAM PROSPECTUS (ANNEXURE VII(4).

EXHIBIT P5 TRUE COPY OF THE COLLEGE WISE SEATS AVAILABLE FOR COUNSELING UNDER ALL INDIA QUOTA.

EXHIBIT P6 TRUE COPY OF THE SPECIAL RESERVATION SEATS IN THE PROSPECTS FOR ADMISSION 2015-16 (ANNEXURE VII-4).

EXHIBIT P7 TRUE COPY OF RELEVANT PAGES OF THE KEAM PROSPECTUS 2019 (ANNEXURE VII(4).

TRUE COPY

PS TO JUDGE