Kerala High Court
Abad Shibily M vs Commissioner For Entrance ... on 2 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 2ND DAY OF NOVEMBER 2021/11TH KARTHIKA, 1943
W.P(C).NO.23705 OF 2021
PETITIONER:
ABAD SHIBILY.M
AGED 27 YEARS
S/O.KUNHIMOIDEEN, MAKKOOL, KADIYANGAD P.O.,
PERAMBRA, KOZHIKODE, KERALA - 673525.
BY ADVS.SRI.P.M.SANEER
SRI.R.GOPAN
SRI.MELWIN BYJU
RESPONDENT:
COMMISSIONER FOR ENTRANCE EXAMINATIONS
HOUSING BOARD BUILDINGS, SANTHI NAGAR,
THIRUVANANTHAPURAM, PIN - 695 001.
BY SRI.P.G.PRAMOD, GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.23705/2021 :: 2 ::
JUDGMENT
A.K. Jayasankaran Nambiar, J.
The petitioner, who is stated to be a student aspiring for
admission to the MDS course, under the NRI quota, for the
academic year 2021-22 in the Self-financing Colleges in the State,
has approached this Court aggrieved by the non-consideration of
his application under the said quota by the Commissioner of
Entrance Examinations, the respondent herein.
2. When the matter came up for admission, the learned
Government Pleader took time to get instructions, and when the
matter was taken up again today, it is submitted by the learned
Government Pleader that the petitioner had not uploaded the
documents required to establish his eligibility under the NRI quota,
within the extended period of time granted to him for uploading the
same. It is, in particular, stated that while defects were pointed out
in the documents uploaded by the petitioner at first instance, and
W.P.(C).No.23705/2021 :: 3 ::
time was granted to the petitioner to cure the defects on or before
25.10.2021, the petitioner failed to upload the correct documents
within the time granted to him, and it was under those
circumstances that the respondent proceeded to finalize the list of
persons entitled for admission to the MDS course under the NRI
quota.
Taking note of the said submission of the learned Government
Pleader, on instructions, and finding that it was on account of the
inaction of the petitioner, in uploading the required documents
within the time granted by the respondent, that he was not
considered for eligibility under the NRI quota, we find ourselves
unable to grant the relief sought for in the writ petition. The writ
petition therefore fails, and is accordingly dismissed.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
MOHAMMED NIAS C.P.
JUDGE
prp/2/11/21
W.P.(C).No.23705/2021 :: 4 ::
APPENDIX OF W.P(C).NO.23705/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE PHOTOCOPY OF THE NEET-MDS 2021 SCORE
CARD ISSUED BY THE NATIONAL BOARD OF
EXAMINATION.
EXHIBIT P2 THE PHOTOCOPY OF THE NOTIFICATION
NO.CEE/1999/MDS-2021/TA4 DATED 30.09.2021
ISSUED BY THE RESPONDENT.
EXHIBIT P3 THE PHOTOCOPY OF THE ACKNOWLEDGE PAGE -
APPLICATION NO.4100464 DATED 03.10.2021 OF
THE PETITIONER.
EXHIBIT P4 THE SCREENSHOT OF THE MEMO TAKEN FROM THE
WEB SITE OF THE RESPONDENT.
EXHIBIT P5 THE PHOTOCOPY OF THE PRESS RELEASE
NO.CEE/1999/MDS-2021/TA4, DATED 22.10.2021
OF THE RESPONDENT.
EXHIBIT P6 THE PHOTOCOPY OF THE DECLARATION DATED
30.03.2021 OF THE HARIS AHMED WHO IS THE
SPONSOR OF THE PETITIONER.
EXHIBIT P7 THE PHOTOCOPY OF THE VISA OF THE SPONSOR OF
THE PETITIONER ISSUED BY THE KINGDOM OF
BAHRAIN.
EXHIBIT P8 THE PHOTOCOPY OF THE RENEWED VISA OF THE
SPONSOR OF THE PETITIONER ATTESTED BY THE
EMBASSY OF INDIA, BAHARIN.
EXHIBIT P9 THE TRANSLATED AND NOTARY ATTESTED COPY OF
THE VISA OF THE SPONSOR OF THE PETITIONER
W.P.(C).No.23705/2021 :: 5 ::
DATED 23.10.2021.
EXHIBIT P10 TRUE COPY OF THE ATTESTED COPY OF THE
PASSPORT NO.R8318541 OF THE SPONSOR OF THE
PETITIONER.
EXHIBIT P11 THE PHOTOCOPY OF THE CATEGORY WISE LIST
REVISED DATED 26.10.2021 ISSUED BY THE
RESPONDENT
EXHIBIT P12 THE CHART OF THE ADMISSION SCHEDULE FOR THE
ACADEMIC YEAR 2021-22 FOR MDS COURSE ALL
INDIAN QUOTA INCLUDING STATE QUOTA.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
