Gowri Nandana vs State Of Kerala
2022 Latest Caselaw 12246 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                               &
           THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
                      WA NO. 1954 OF 2022
AGAINST THE JUDGMENT IN WP(C) 40895/2022 OF HIGH COURT OF
                    KERALA DATED 16.12.2022
APPELLANTS/PETITIONERS IN WP(C):

    1      GOWRI NANDANA
           AGED 19 YEARS, D/O.AJAY KUMAR,
           KRISHNANJALI, THELLAKOM.P.O.,
           KOTTAYAM DISTRICT, PIN-686 630.

    2      TANISHA ANN VERGHESE
           AGED 19 YEARS, D/O.ANUP MATHEW.P.,
           5-D, GOPURAM, KENT ILLAM,
           VENNALA.P.O., ERNAKULAM DISTRICT, PIN-682028

    3      ZAINAB SALIM PANTHODI
           AGED 18 YEARS, D/O.SALIM MOAN PANTHODI,
           ALPATTAKULAMBA, KODUR,
           MALAPPURAM DISTRICT, PIN - 676504

           BY ADVS.
           SRI. V.V. SIDHARTHAN (SR)
           DINESH MATHEW J.MURICKEN
           K.A.ABHILASH
           VINOD S. PILLAI
           MOHAMMED THAYIB N.M.
           NAYANA VARGHESE
           AHAMMAD SACHIN K.


RESPONDENTS/RESPONDENTS:

    1      STATE OF KERALA
           REPRESENTED BY ITS SECRETARY TO GOVERNMENT
           HEALTH AND FAMILY WELFARE DEPARTMENT,
           SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
   W.A.1954/2022
                             2

   2      THE DIRECTOR OF MEDICAL EDUCATION
          OFFICE OF THE DIRECTOR OF MEDICAL EDUCATION,
          MEDICAL COLLEGE P.O.
          THIRUVANANTHAPURAM, PIN - 695011.

   3      THE COMMISSIONER FOR ENTRANCE COMMISSION
          OFFICE OF THE COMMISSIONER FOR ENTRANCE
          EXAMINATION,5TH FLOOR, KSHB BUILDING,
          S.S.KOVIL ROAD, SANTHI NAGAR
          THIRUVANANTHAPURAM, PIN - 695001

   4      UNION OF INDIA
          DIRECTORATE GENERAL OF HEALTH SERVICES,
          THE MEDICAL COUNSELING COMMITTEE,
          THROUGH OFFICE OF ADG (ME) NIRMAN BHAVAN,
          CENTRAL SECRETARIAT,
          NEW DELHI, PIN - 110108.

   5      THE NATIONAL MEDICAL COMMISSION
          THROUGH ITS CHAIRPERSON,
          DADA DEV MANDIR ROAD, DWARAKA,
          NEW DELHI, PIN - 110077

          BY ADVS.
          SRI. S.MANU
          SRI.JAISHANKAR V.NAIR
          SRI. K.P.HARISH, SR. GOVERNMENT PLEADER


     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
    W.A.1954/2022
                                       3

                             JUDGMENT

Dated this the 22nd day of December, 2022

Shaji P. Chaly, J.

The appeal is filed by the petitioners challenging the

judgment of the learned Single Judge in W.P(C). No.40895 of

2022 dated 16.12.2022, whereby the following reliefs sought for

in the writ petition were declined:

"i) Issue a writ of certiorari or any other appropriate writ or direction calling for the records leading to Exhibit P7 and to quash the same.

ii) Issue a writ of mandamus or any other appropriate writ or direction to 3rd respondent to allow the petitioner to upgrade or exit from their option in the first allotment as in the all India quota counseling.

iii) Issue a writ of mandamus or any other appropriate writ or direction to 3rd respondent to include the petitioners also in the Mop up allotment and to consider Exhibit P5(a), P5(b) and P5(c) option lists and re-cast the Exhibit P12 provisional list accordingly."

2. The issue relates to admission to MBBS Course on the

basis of the NEET Examination vis-a-vis. the entrance examination

conducted by the Commissioner of Entrance Examinations,

Kerala State and the consequences that have arisen from the W.A.1954/2022

UGC Regulations 2018 in respect of Counseling and the

notification and prospectus issued by the Commissioner of

Entrance Examinations, Government of Kerala.

3. The writ petition was dismissed by the learned Single

Judge in view of the directions contained in the judgment in

W.P(C). No.40010 of 2022. The said judgment was challenged in

various appeals by third parties. However, as per judgment dated

22.12.2022 (today), all the writ appeals filed by the third parties

were dismissed and the judgment of learned Single Judge was

affirmed. Needless to say, writ appeal in question as also to

meet with the same fate.

Accordingly, the writ appeal is dismissed in terms of the

judgment dated 22.12.2022 in W.A. No.1953 of 2022 and

connected cases.

Sd/-

S. Manikumar, Chief Justice

Sd/-

Shaji P. Chaly, Judge sou.

W.A.1954/2022

APPENDIX OF WA 1954/2022

PETITIONER ANNEXURES

ANNEXURE A1 TRUE COPY OF THE FINAL LIST OF MOP UP ALLOTMENT TO MBBS AND BDS COURSES-2022 ISSUED BY THE 3RD RESPONDENT DATED 15.12.2022

ANNEXURE A2 TRUE COPY OF THE AMENDMENT NOTIFICATION ISSUED BY THE 4TH RESPONDENT DATED 18.05.2018