Anitha Paul vs Commissioner Of Entrance ...
2022 Latest Caselaw 11291 Ker

Citation : 2022 Latest Caselaw 11291 Ker
Judgement Date : 2 December, 2022

Kerala High Court

Anitha Paul vs Commissioner Of Entrance ... on 2 December, 2022

    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
                        WP(C) NO. 37948 OF 2022
PETITIONER:

            ANITHA PAUL,
            AGED 27 YEARS, 6J, ABAD, MARINE PLAZA,
            MARINE DRIVE, KOCHI 682031.
            BY ADV ROY CHACKO

RESPONDENTS:

    1       COMMISSIONER OF ENTRANCE EXAMINATION,
            5TH FLOOR, HOUSING BOARD BUILDING,
            SANTHI NAGAR, THIRUVANNATHAPURAM - 695 001.
    2       KERALA UNIVERSITY OF HEALTH SCIENCES,
            MEDICAL COLLEGE P.O., THRISSUR, PIN 680 596.
            REPRESENTED BY ITS REGISTRAR.
    3       MEDICAL COUNSELLING COMMITTEE (MCC),
            NIRMAN BHAWAN, RAJPATH AREA,
            CENTRAL SECRETARIATE,
            NEW DELHI, PIN - 110001.
            BY ADVS.
            SRI.MANU S., DSG OF INDIA
            SRI.K.S.PRENJITH KUMAR, CGC
            SRI.P.SREEKUMAR - SC


    THIS      WRIT    PETITION     (CIVIL)    HAVING    COME    UP    FOR

ADMISSION     ON     02.12.2022,   THE     COURT   ON   THE    SAME   DAY

DELIVERED THE FOLLOWING:
 WP(C)No.37948 of 2022

                                  :2:




                 DEVAN RAMACHANDRAN, J.
              =========================
                   W.P.(C) No. 37948 of 2022
             ==========================
               Dated this the 2nd December, 2022


                               JUDGMENT

I had issued an interim order on 01.12.2022 in this case, after

hearing all sides in the manner below:

"I am certain that the petitioner is entitled to be considered for the allotment of 'Stray Seats'.

2. However, Smt.Parvathy.K - learned Government Pleader says that since the petitioner has not been able to exercise her option in the earlier rounds, she will have to do so; and only this can she be granted benefit in the counselling for 'Stray Seats'.

3. But, it is the specific case of the petitioner that she had already exercised her option; and am of the firm view, that she should be included in the present allotment.

4. I, therefore, direct the 1st respondent to take every measure that is necessary to allow the petitioner to participate in the counselling for the 'Stray Seats' dehors, the requirement to delete the petitioner from Ext.P15 list and report to this Court."

2. Today, Sri.Roy Chacko - learned counsel for the petitioner,

submitted that, his client has been included in the list and she is

awaiting her chance to be appointed against an eligible vacancy.

3. I, therefore, asked Sri.K.S.Prenjith Kumar - learned Central

Government Counsel and Smt.Parvathy Kottol - learned WP(C)No.37948 of 2022

Government Pleader, if they have any objections in the afore

interim order being confirmed. Their answer to the same was to

the negative; and they left it to this Court to issue appropriate

directions.

In the afore circumstances, I allow this writ petition,

confirming the afore interim order; consequently, directing the

respondents to ensure that petitioner is admitted to an eligible

vacancy, subject to her rank and qualifications as are mandatory.

I reiteratingly clarify that the afore directions shall be

complied with by the respondents, as consented by them, even

though the petitioner's name may not have been removed from

Ext.P15 list yet.

Sd/-

DEVAN RAMACHANDRAN JUDGE anm WP(C)No.37948 of 2022

APPENDIX OF WP(C) 37948/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ADMIT CARD NEET PG. 2022 ISSUED BY THE NATIONAL BOARD OF EXAMINATIONS IN MEDICALS SCIENCES. Exhibit P2 TRUE COPY OF THE SCORE CARD ISSUED BY NATIONAL BOARD OF EXAMINATIONS IN MEDICALS SCIENCES.

Exhibit P3 TRUE COPY OF THE RESULT SHEET ISSUED TO THE PETITIONER BY KEA.

Exhibit P4 TRUE COPY OF THE OPTION LIST ENTERED BY THE PETITIONER ISSUED BY KEA. DTD. 31.10.22.

Exhibit P5 TRUE COPY OF THE COMMUNICATION DATED 16.11.2022 BY KEA PUBLISHED IN THE WEBSITE.

Exhibit P6 TRUE COPY OF THE COMMUNICATION DATED 16.11.2022 MADE BY THE PETITIONER TO KEA THROUGH EMAIL.

Exhibit P7 TRUE COPY OF THE CANCELLATION ORDER DATED 17.11.2022 ISSUED TO THE PETITIONER BY KEA.

Exhibit P8 TRUE COPY OF THE COMMUNICATION DATED 20.11.2022 MADE BY THE PETITIONER TO THE 1ST RESPONDENT.

Exhibit P9 TRUE COPY OF THE CANDIDATE'S DATA SHEET ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT.

Exhibit P10 TRUE COPY OF THE PRESS RELEASE DATED 19.11.2022 ISSUED BY THE 1ST RESPONDENT IN THEIR WEBSITE.

Exhibit P11 TRUE COPY OF THE NOTICE DATED 16.11.2022 ISSUED BY THE 3RD RESPONDENT (MCC) IN THEIR WEBSITE.

Exhibit P12 TRUE COPY OF THE LETTER DATED 21.11.2022 BY THE PETITIONER TO KARNATAKA EXAMINATIONS AUTHORITY (KEA). Exhibit P13 TRUE COPY OF THE ENDORSEMENT DATED 21.11.2022 ISSUED TO THE PETITIONER BY EXECUTIVE DIRECTOR, KEA.

Exhibit P14 TRUE COPY OF THE ALLOTMENT LIST DATED 22.11.2022 PUBLISHED IN CEE WEBSITE. (1ST RESPONDENT).

Exhibit P15 TRUE COPY OF THE RELEVANT PAGE ATTACHED TO THE NOTICE ISSUED BY THE 3RD RESPONDENT (MCC).

Exhibit P16 TRUE COPY OF THE COMMUNICATION DATED 22.11.2022 BY THE PETITIONER MADE THROUGH EMAIL TO 3RD RESPONDENT.

RESPONDENTS' EXHIBITS : NIL