Alan Oommen Mathew vs The State Of Kerala
2021 Latest Caselaw 153 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

                                   &

                 THE HONOURABLE MR. JUSTICE GOPINATH P.

    TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942

                        WP(C).No.178 OF 2021(V)


PETITIONER/S:

                ALAN OOMMEN MATHEW, AGED 20 YEARS
                PUNTHALAKKIZAKKETHIL, VAYALA P.O., KOTTAYAM DISTRICT-
                686 587.

                BY ADVS.
                SRI.KURIAN GEORGE KANNANTHANAM (SR.)
                SRI.TONY GEORGE KANNANTHANAM
                SRI.ALEX GEORGE (CHAMAPPARAYIL)
                SHRI.EBEE ANTONY
                SRI.THOMAS GEORGE

RESPONDENTS:

      1         THE STATE OF KERALA
                REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
                HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT,
                TRIVANDRUM-695 001.

      2         THE COMMISSIONER FOR ENTRANCE EXAMINATIONS,
                HOUSING BOARD BUILDING, TRIVANDRUM-695 001.

      3         THE ADMISSION AND FEE REGULATORY COMMITTEEE FOR
                PROFESSIONAL COLLEGES,
                REPRESENTED BY ITS MEMBER SECRETARY,
                M.P.APPAN ROAD, VAZHUTHAKKAD, TRIVANDRUM-695 014.

      4         THE PRINCIPAL, AL-AZHAR MEDICAL COLLEGE,
                THODUPUZHA-685 605.


OTHER PRESENT:

                SRI. M.A. ASIF-SPL.G.P

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.01.2021, ALONG WITH WP(C).200/2021, WP(C).203/2021, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).Nos.178, 200 & 203 OF 2021(V)

                                               2


                     IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                            PRESENT

                      THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

                                               &

                       THE HONOURABLE MR. JUSTICE GOPINATH P.

      TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942

                                      WP(C).No.200 OF 2021


PETITIONER:

                      THE CHAIRMAN, AL-AZHAR MEDICAL COLLEGE AND
                      SUPERSPECIALITY HOSPITAL
                      EZHALLOR P.O., THODUPUZHA - 685 605.

                      BY ADVS.
                      SRI.KURIAN GEORGE KANNANTHANAM (SR.)
                      SRI.P.M.SANEER
                      SRI.TONY GEORGE KANNANTHANAM

RESPONDENTS:

           1          THE STATE OF KERALA
                      REPRESENTED BY THE PRINCIPAL SECRETARY TO
                      GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT,
                      SECRETARIAT, TRIVANDRUM - 695001.

           2          THE COMMISSIONER FOR ENTRANCE EXAMINATIONS
                      HOUSING BOARD BUILDING, TRIVANDRUM - 695 001.

           3          THE ADMISSION AND FEE REGULATORY COMMITTEE FOR
                      PROFESSIONAL COLLEGES,
                      REPRESENTED BY ITS MEMBER SECRETARY, M.P.APPAN
                      ROAD, VAZHUTHAKKAD, TRIVANDRUM - 695 014.


OTHER PRESENT:
             SRI. M.A. ASIF- SPL. G.P.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.01.2021, ALONG WITH WP(C).178/2021(V), WP(C).203/2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).Nos.178, 200 & 203 OF 2021(V)

                                               3




                     IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                            PRESENT

                      THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

                                               &

                       THE HONOURABLE MR. JUSTICE GOPINATH P.

      TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942

                                      WP(C).No.203 OF 2021


PETITIONER:

                      KERALA PRIVATE MEDICAL COLLEGE MANAGEMENT
                      ASSOCIATION, OFFICE OF THE SECRETARY-KPMCMA,
                      MALABAR MEDICAL COLLEGE CAMPUS, MODAKKALLUR,
                      ATHOLI, KOZHIKODE - 673 315, REPRESENTED BY ITS
                      SECRETARY, V.ANIL KUMAR.

                      BY ADVS.
                      SRI.S.VINOD BHAT
                      KUM.ANAGHA LAKSHMY RAMAN

RESPONDENTS:

           1          STATE OF KERALA
                      REPRESENTED BY THE SECRETARY TO GOVERNMENT,
                      DEPARTMENT OF HEALTH AND FAMILY WELFARE,
                      SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

           2          COMMISSIONER FOR ENTRANCE EXAMINATION
                      5TH FLOOR, KSHB BUILDING, S.S.KOVIL ROAD,
                      SANTHI NAGAR, THIRUVANANTHAPURAM- 695 001.


OTHER PRESENT:
             SRI. M.A.ASIF-SPL. G.P.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.01.2021, ALONG WITH WP(C).178/2021(V), WP(C).200/2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).Nos.178, 200 & 203 OF 2021(V)

                                                        4


                                                 JUDGMENT

Shaffique, J

Sri.M.A.Asif, the learned Special Government Pleader

takes notice on behalf of respondent State.

2. The issue raised in these writ petitions concerns

admission to the MBBS course during the present

academic year under the NRI quota. It is brought to

our notice that the National Medical Commission has

extended the last date for admission to the aforesaid

course until 15.01.2021.

3. It is submitted that permission was granted by the

Commissioner for Entrance Examinations inviting fresh

applications to fill up the NRI quota by issuing a

notification on 28.12.2020 and the candidates were

directed to appear before the Commissioner for Entrance

Examinations at 10 a.m. on 29.12.2020. Though several

candidates could appear and submit their documents,

some of the candidates were not given allotment on

account of the fact that the documents required for

admission under the NRI quota were not complete.

4. The learned Senior Counsel appearing on behalf of the

petitioners would submit that some of the candidates WP(C).Nos.178, 200 & 203 OF 2021(V)

had obtained certificates especially embassy attested

sponsor documents subsequently. Insofar as time is due

to expire by 3 p.m. on 05.01.2021, several NRI seats

still remain vacant. It is therefore submitted that if the

NRI quota is not filled up, the seats may lapse and it

may have to be carried forward for being filled up

under the common category.

5. The learned Special Government Pleader submits that

sufficient time had already been given by extending the

time to enable the NRI category students to get

admission, when it was felt by the Government that

several NRI seats were vacant, therefore, it is not

appropriate to extend the time again.

6. It is an admitted fact that notification had been issued

only on 28.12.2020 and the candidates were directed to

appear at 10 a.m. on 29.12.2020. Of course, the said

time limit had been fixed on account of the fact that

admissions were to be completed by 31.12.2020. Be

that as it may, since the time has already been

extended by the National Medical Commission until

15.01.2021; if some more time is granted, probably a

few more seats under the NRI quota may be filled up.

In that view of the matter, we are of the view that the WP(C).Nos.178, 200 & 203 OF 2021(V)

time could be extended until 2 p.m. on 08.01.2021. If

any fresh candidates seeking admission under NRI

candidates would appear before the Commissioner for

Entrance Examinations before 2 p.m. on 08.01.2021 with

all necessary documents; he shall verify the same and if

any candidates are eligible, they shall be allotted seats

as per the prescribed procedure, and a list shall be

prepared to enable the students to get admission in the

respective colleges.

Writ petitions are disposed of as above.

Sd/-

A.M.SHAFFIQUE, JUDGE

Sd/-

GOPINATH P., JUDGE AMV/05/01/2021 WP(C).Nos.178, 200 & 203 OF 2021(V)

APPENDIX OF WP(C) 178/2021

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 COPY OF THE NOTIFICATION DATED 28.12.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P2 COPY OF THE DEPUTATION EXTENSION LETTER.

EXHIBIT P3 COPY OF THE PASSPORT OF THE SPONSOR MR.JAMESON.

EXHIBIT P4 COPY OF THE RESIDENCY PERMIT ISSUED BY THE STATE OF QUATAR IN FAVOUR OF MR.JAMESON.

EXHIBIT P5 COPY OF THE ORDER DATED 22.10.2020 ISSUED BY THE 3RD RESPONDENT.

        EXHIBIT P6                    COPY OF THE NOTIFICATION DATED
                                      1.1.2021    ISSUED BY THE  2ND
                                      RESPONDENT.

        EXHIBIT P7                    COPY OF THE PUBLIC NOTICE DATED

24.12.2020 ISSUED BY THE NATIONAL MEDICAL COMMISSION.

EXHIBIT P8 COPY OF THE REPRESENTATION DATED 31.12.2020 BY THE PETITIONER.

RESPONDENTS EXHIBITS : NIL

TRUE COPY P.A.TO JUDGE WP(C).Nos.178, 200 & 203 OF 2021(V)

APPENDIX OF WP(C) 200/2021

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 COPY OF THE LETTER DATED 16/9/2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P2 COPY OF THE ORDER DATED 17/11/20 ISSUED BY THE GOVERNMENT.

EXHIBIT P3 COPY OF THE NOTIFICATION DATED 3/11/20 ISSUED BY THE GOVERNMENT.

EXHIBIT P4 COPY OF THE ORDER DATED 22/10/20 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P5 COPY OF THE PRESS RELEASE DATED 10/11/20 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P6 COPY OF THE NOTIFICATION DATED 3/11/2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P7 COPY OF THE NOTIFICATION DATED 11/11/2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P8 COPY OF THE NOTIFICATION DATED 17/11/20 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P9 COPY OF THE NOTIFICATION DATED 20/11/20 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P10 COPY OF THE NOTIFICATION DATED 25/11/20 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P11 COPY OF THE NOTIFICATION DATED 5/12/20 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P12 COPY OF THE NOTIFICATION DATED 9/12/20 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P13 COPY OF THE NOTIFICATION DATED 10/12/20 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P14 COPY OF THE NOTIFICATION DATED 10/12/20 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P15 COPY OF THE NOTIFICATION DATED 12/12/20 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P16 COPY OF THE NOTIFICATION DATED 16/12/20 ISSUED BY THE 2ND RESPONDENT.

WP(C).Nos.178, 200 & 203 OF 2021(V)

EXHIBIT P17 COPY OF THE NOTIFICATION DATED 28/12/20 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P18 COPY OF THE NOTIFICATION DATED 29/12/20 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P19 COPY OF THE NOTIFICATION DATED 1/1/21 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P20 COPY OF THE PUBLIC NOTICE DATED 24/12/2020 ISSUED BY THE NATIONAL MEDICAL COMMISSION.

RESPONDENTS EXHIBITS : NIL

TRUE COPY P.A.TO JUDGE WP(C).Nos.178, 200 & 203 OF 2021(V)

APPENDIX OF WP(C) 203/2021

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 COPY OF LIST OF MEMBERS OF PETITIONER ASSOCIATION.

EXHIBIT P2 COPY OF NOTIFICATION NO.CEE/4600/2019/KEAM-

2020/TA3 DATED 28/12/2020.

EXHIBIT P3 COPY OF PRESS RELEASE NO.CEE/4600/2019/KEAM/2020/TA3 DATED 28/12/2020.

EXHIBIT P4 COPY OF THE SCHEDULE FOR STARY VACANCY ROUND OF UG SEATS-2020-21.

EXHIBIT P5 COPY OF THE LETTER NO.KPMCMA/MBBS-2020-

21/12/2020 DATED 30-12-2020 ISSUED BY THE PETITIONER

EXHIBITS P6 COPY OF NOTIFICATION NO.CEE/4600/2019/KEAM-

2020/TA3 DATED 01-01-2021

RESPONDENTS EXHIBITS : NIL

TRUE COPY P.A.TO JUDGE