Sree Lakshmi Mani vs The State Of Kerala
2021 Latest Caselaw 896 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

                                   &

                 THE HONOURABLE MR. JUSTICE GOPINATH P.

     MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942

                        WP(C).No.610 OF 2021(A)


PETITIONER:

               SREE LAKSHMI MANI
               AGED 20 YEARS
               D/O.NIMMY MANI,KUNNISSERY HOUSE,
               CHENATHUNADU.P.O,CHALAKUDY,
               THRISSUR,KERALA,PIN-680307.

               BY ADVS.
               SHRI.BIJU BALAKRISHNAN
               SMT.V.S.RAKHEE
               SMT.K.J.GISHA
               AJMAL .P

RESPONDENTS:

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

      2        THE COMMISSIONER FOR ENTRANCE EXAMINATIONS,
               HOUSING BOARD BUILDING,
               THIRUVANANTHAPURAM-695001.

      3        THE ADMISSION AND FEE REGULATORY COMMITTEE FOR
               PROFESSIONAL COLLEGES,
               REPRESENTED BY ITS MEMBER SECRETARY,
               M.P.APPAN ROAD, VAZHUTHAKKAD,
               THIRUVANANTHAPURAM-695014.


OTHER PRESENT:

               SRI. V. MANU-SR. G.P.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.610/2021                       -2-



                                   JUDGMENT

DATED THIS THE 11th DAY OF JANUARY, 2021

Shaffique, J:

This writ petition has been filed by a candidate who had

applied for admission to M.B.B.S course in the academic year

2020-2021 under NRI quota. Her candidature had been rejected

as the sponsor was grandmother's sister. Learned counsel for the

appellant/petitioner would place reliance on a judgment of this

court dated 10-04-2015 in W. P (C) No.17328/2014 to indicate

that even persons who had not been specified as sponsors in the

prospectus were permitted to get admission for M.B.B.S course.

(The Principal, Karuna Medical College v. The Admission

Supervisory Committee & Fee Regulatory Committee for

Professional Colleges).

2. But we don't think that such a view could be taken in

the facts of the present case. As per the prospectus condition,

NRI quota is available only to the applicants who have sponsors

coming under the following categories:-

"(iv) NRI documents to be submitted by the NRI quota Applicants as per the directions of the Admission Supervisory Committee:

"An applicant, who depends upon his/her

Father/Mother/Brothers and Sisters (inclusive of first cousins)/Husband/Wife/Brothers and Sisters (inclusive of first cousins) of Father or Mother/Half Brother/Half Sister/Adopted Father or Adopted Mother working abroad" is eligible to apply under NRI Quota. ...."

3. Apparently the candidates should be the dependent the

father, mother, brothers and sisters and other category of

relatives as mentioned in the prospectus. If any deviation is

made with reference to the prospectus conditions it may affect

large number of candidates who would have similar sponsors like

grand parents, their sisters, brothers etc. In so far as the

Government had restricted the scope of the sponsorship to

certain category of persons and the candidates are supposed to

depend upon them, we don't think that we will be justified in

expanding the scope of the aforesaid clause.

4. The Government Pleader had also placed before us a

judgment dated 11-06-2018 in W.P (C) No.14007/2018 (Dr. S.

Gopal Aadersh v. The Admission and Fee Regulatory

Committee for Medical Education and others ). Yet another

Division Bench held that there cannot be any deviation from the

prospectus conditions especially with reference to the sponsors

who had been specifically mentioned in the prospectus.

Under such circumstances, we don't think that we will be

justified in issuing any direction to the respondents to permit the

petitioner to participate in the allotment process.

Writ petition is hence dismissed.

(Sd/) A.M. SHAFFIQUE, JUDGE.

(Sd/) GOPINATH P., JUDGE.

AMG

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CANDIDATE'S DATASHEET OF THE PETITIONER IN KEAM 2020.

EXHIBIT P2 TRUE COPY OF THE NEET(UG)-2020 RESULT ADMISSION REPORT OF THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE NOTIFICATION NO.CEE/4600/2019/KEAM-2020/TA3 DT.02-12-2019.

EXHIBIT P4 TRUE COPY OF THE G.O.(MS)NO.243/2014/H & FWD,DT.06.08.2014 OF THE 1ST RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE ORDER NO.ASAE 100/20/MEDICAL AND ALLIED COURSES/NRI,DT.22.02.2020 OF THE 3RD RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE RELATIONSHIP CERTIFICATE DT.17.06.2020 OF THE PETITIONER WITH HER SPONSORER SMT.SUMI SANTHOSH NOTTATHU ALIAS SUMI SANKARAN NAIR,ISSUED BY THE VILLAGE OFFICER,KEZHAKKECHALAKKUDI VILLAGE.

EXHIBIT P7 TRUE COPY OF THE EMPLOYMENET CERTIFICATE OF SMT.SUMI SANTHOSH NOTTATHU ALIAS SUMI SANKARAN NAIR.

EXHIBIT P8 TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF SUMI SANTHOSH NOTTATHU ALIAS SUMI SANKARAN NAIR WITH VISA STAMP.

EXHIBIT P9 TRUE COPY OF THE CONSENT LETTER OF THE SPONSORER SMT.SUNI SANTHOSH NOTTATHU ALIAS SUMI SANKARAN NAIR IN FAVOUR OF THE PETITIONER.

EXHIBIT P10 TRUE COPY OF THE NOTIFICATION NO.CEE/4600/2019/KEAM-2020/TA3 DT.06.01.2021 OF THE 2ND RESPONDENT.