Kerala High Court
All Kerala Self Financing Dental ... vs The State Of Kerala on 23 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
WP(C) NO. 41885 OF 2022
PETITIONERS:
1 ALL KERALA SELF FINANCING DENTAL COLLEGE
MANAGEMENT CONSORTIUM,
REPRESENTED BY ITS SECRETARY,
OFFICE OF THE INDIRA GANDHI INSTITUTE OF DENTAL
SCIENCES, NELLIKKUZHI.P.O. KOTHAMANGALAM - 686 691.
2 AL-AZHAR DENTAL COLLEGE,
PERUMPILLICHIRA.P.O. THODUPUZHA - 685605
REPRESENTED BY ITS CHAIRMAN.
BY ADVS.
KURIAN GEORGE KANNANTHANAM (SR.)
P.M.SANEER
TONY GEORGE KANNANTHANAM
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
SCHEDULE CASTES/SCHEDULED TRIBES DEVELOPMENT
DEPARTMENT, GOVT. SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE SECRETARY TO GOVERNMENT,
HEALTH & FAMILY WELFARE DEPARTMENT,
GOVT. SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
3 THE DIRECTOR OF MEDICAL EDUCATION,
NANDAVANAM, VIKAS BHAVAN.P.O.,
THIRUVANANTHAPURAM - 695 003.
4 THE COMMISSIONER FOR ENTRANCE EXAMINATION,
HOUSING BOARD BUILDING, SANTHI NAGAR,
THIRUVANANTHAPURAM - 695 001.
SMT PARVATHY K-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No. 41885 of 2022
:2:
DEVAN RAMACHANDRAN, J.
=========================
W.P.(C)No.41885 of 2022
==========================
Dated this the 23rd December, 2022
JUDGMENT
Amidst the various assertions, allegations and averments
made and urged in this writ petition, all which the petitioners
really require is that the students be given an option to come to
the respective colleges and join the available seats, under a
"spot admission".
2. Sri.Kurien George Kannanthanam - learned Senior
Counsel, instructed by Sri.P.N.Saneer, submitted that, until the
Covid-19 pandemic disruption happened, such a counselling was
available; but that after it, the Commissioner of Entrance
Examination (CEE)discontinued it, but without any purpose.
The learned Senior Counsel vehemently argued that, this has
led to a situation where large number of seats will become
vacant and therefore, that a "spot admission" is inevitable, if not
imperative.
3. In response, Sri.Parvathy Kottol - learned Government
Pleader, submitted that the petitioners have approached this
W.P.(C)No. 41885 of 2022
Court with an unreal apprehension, because the last phase of
the counselling undertaken by the Commissioner of Entrance
Examination is for "stray vacancies". She submitted that, in
fact, this has two phases and that in the second of them, eligible
list of those candidates who are included in the state merit list
published by the CEE and those who are not allotted to
MBBS/BDS course through All India Quota and State Quota
Allotment will be prepared and given to colleges concerning and
the vacancies can be filled up by them directly. She submitted
that, this opportunity will be available to the Colleges under the
1st petitioner and to the 2nd petitioner also.
4. When I hear Smt.Parvathy Kottol on the afore lines, it is
clear that the petitioner need not now harbour any further
apprehension, since, when the 2nd phase of the "stray vacancies
counselling" happen, it will virtually be a situation where the
students can approach the colleges directly and seek admission.
In the afore circumstances, recording the afore submission
of Smt.Parvathy Kottol, I dispose of this writ petition.
After I dictated this part of the judgment, the learned
Senior Counsel submitted that, unless students who are in the
NEET list are also favoured with an opportunity to make options
W.P.(C)No. 41885 of 2022
under the "KEAM Stream", the afore exercise would be of
futility.
It may not be proper for this Court to make an affirmative
declaration in this regard, but I leave liberty to the petitioner to
make a request in this regard, along with a certified copy of the
judgment; with a consequential direction to the Commissioner of
Entrance Examinations to consider it, before the last phase of
"Stray Vacancy" counselling is completed.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
acr/anm
W.P.(C)No. 41885 of 2022
APPENDIX OF WP(C) 41885/2022
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE
REGISTERED UNDER THE TRAVANCORE COCHIN
CHARITABLE LITERARY AND SCIENTIFIC
SOCIETIES ACT.
Exhibit P2 TRUE COPY OF THE LIST OF MEMBER COLLEGES
UNDER AKSDCMC.
Exhibit P3 TRUE COPY OF THE CHART SHOWING THE VACANT
SEATS AFTER THE MOP-UP ROUND OF
ADMISSIONS ON 18-12-2022.
Exhibit P4 TRUE COPY OF THE NOTIFICATION
NO.CEE/26/2022-TA2-PART(2) DATED 29-4-
2022 ISSUED BY THE 4TH RESPONDENT. .
Exhibit P5 TRUE COPY OF THE NOTIFICATION
NO.CEE/26/2022-TA2 DATED 7-5-2022 ISSUED
BY THE 4TH RESPONDENT.
Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 23-
6-2022 TO THE 4TH RESPONDENT.
Exhibit P7 TRUE COPY OF THE NOTICE DATED 28-6-2022
ISSUED BY THE NATIONAL TESTING AGENCY.
Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 17-
11-2022 ISSUED TO THE 4TH RESPONDENT. .
Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 2-
11-2022 ISSUED TO THE 4TH RESPONDENT. .
Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 15-
12-2022 ISSUED TO THE 4TH RESPONDENT. .
Exhibit P11 TRUE COPY OF THE NOTIFICATION NO.CEE/717/
2022- TA4 DATED 7-122022 ISSUED BY THE
4TH RESPONDENT.
Exhibit P12 TRUE COPY OF THE NOTIFICATION NO.CEE/717/
2022- TA4 DATED 13-12-2022 ISSUED BY THE
4TH RESPONDENT.
Exhibit P13 TRUE COPY OF THE NOTIFICATION NO.CEE/717/
2022- TA4 DATED 16-12-2022 ISSUED BY THE
4TH RESPONDENT.
RESPONDENTS' EXHIBITS : NIL
