Sidhardh R. Panickar vs Secretary To Government
2022 Latest Caselaw 1762 Ker

             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.
     WEDNESDAY, THE 16TH DAY OF FEBRUARY 2022 / 27TH MAGHA,
                                   1943
                       WP(C) NO. 1763 OF 2022
PETITIONER:

              SIDHARDH R. PANICKAR
              AGED 25 YEARS
              S/O. RAJEESAN CHELLAPPAN, KIRON, 13/196-A,
              PADA NORTH, KARUNAGAPALLY P. O.,
              KOLLAM - 690 518.
              BY ADVS.
              R.T.PRADEEP
              P.BIJIMON
              M.BINDUDAS
              K.C.HARISH


RESPONDENTS:

      1       SECRETARY TO GOVERNMENT
              MINISTRY OF HEALTH & FAMILY WELFARE,
              NEW DELHI - 110011.
      2       DIRECTOR GENERAL OF HEALTH SEVICES
              DIRECTORATE GENERAL OF HEALTH SERVICES,
              NIRMAN BHAWAN, NEW DELHI - 110108.
      3       MEDICAL COUNSELING COMMITTEE NEET-PG 2020-2021
              REPRESENTED BY DIRECTOR GENERAL OF HEALTH
              SERVICES, DIRECTORATE GENERAL OF HEALTH
              SERVICES, NIRMAN BHAWAN, NEW DELHI - 110108.
              BY ADV JAISHANKAR V.NAIR,CGC



          THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    16.02.2022,   THE   COURT    ON    THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) No.1763 of 2022
                                       2




    A.K.JAYASANKARAN NAMBIAR & MOHAMMED NIAS C.P., JJ
          ------------------------------------------------------------------
                             WP(C)No.1763 of 2022
                         --------------------------------------------
                  Dated this the 16th day of February, 2022

                                 JUDGMENT

A.K.Jayasankaran Nambiar, J.

It is submitted by the learned counsel for the petitioner

that during the pendency of the writ petition he secured admission in

open category with NRI status for MS (Orthopaedics) in Sri

Ramachandra Medical College and Research Institute, Chennai, as

evidenced by a provisional allotment letter dated 20.01.2022

produced as Ext.P12 along with IA No. 1 of 2022. We are also given

to understand that pursuant to the provisional allotment the

petitioner has joined the college and is pursuing the PG Course in

the said college.

2. The learned Standing Counsel for the respondents

would submit that in view of the allotment already given to the

petitioner and no complaint having been received in this regard by

the respondents, the matter can be closed by recording the fact of

admission as evidenced from Ext.P12 provisional allotment letter.

3. Taking note of the rival submissions, we are of the view

that the writ petition can be closed by recording the fact of WP(C) No.1763 of 2022

admission granted to the petitioner pursuant to Ext.P12 letter and

making it clear that the mere fact that the petitioner's name has not

been formally included in any allotment list prepared at the instance

of the respondents need not vitiate the allotment granted to the

petitioner as per Ext.P12.

4. We make it clear that these directions are issued on the

peculiar fact of this case and shall not be treated as a precedent.

The writ petition is accordingly closed.

Sd/-

A.K.JAYASANKARAN NAMBIAR, JUDGE

Sd/-

MOHAMMED NIAS C.P., JUDGE dlk 16.2.22 WP(C) No.1763 of 2022

APPENDIX OF WP(C) 1763/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUECOPY OF ADMIT CARD OF PETITIONER FOR NEETPG 2021 EXAMINATION HELD ON 11.9.2021. Exhibit P2 TRUE COPY OF CHAPTER 4 - DEEMED UNIVERSITY IN INFORMATION BULLETIN AND COUNSELING SCHEME IN NEET -G COUNSELING.

Exhibit P3 TRUE COPY OF ORDER DATED 22.8.2017 IN WP(C) NO.689/2017 BY THE SUPREME COURT. Exhibit P4 TRUE COPY OF NOTICE DATED 22.10.2021 BY 3RD RESPONDENT TO CANDIDATES WHO WANT TO CONVERT THEIR NATIONALITY FROM INDIAN TO NRI.

Exhibit P5 TRUE COPY OF ATTESTED COPY OF RELEVANT PAGE OF PASSPORT OF SPONSORER DATED 28.09.2021.

Exhibit P6 TRUE COPY OF ATTESTED COPY OF VISA OF THE SPONSORER DATED 24.09.2021. Exhibit P7 TRUE COPY OF AFFIDAVIT OF SPONSORER DATED 21.04.2021 THAT HE SHALL BE SPONSORING THE CANDIDATE FOR THE ENTIRE COURSE OF STUDY.

Exhibit P8 TRUE COPY OF EMBASSY CERTIFICATE OF THE SPONSORER WITH ITS TRUE ENGLISH TRANSLATION DATED 23.09.2021.

Exhibit P8(a) TRUE COPY OF NEET-PG SCORE CARD NIL DATED ISSUED BY NBE.

Exhibit P9 TRUE COPY OF LIST OF NRI ELIGIBLE CANDIDATES PUBLISHED ON 12.01.2022. Exhibit P10 TRUE COPY OF RELATIONSHIP CERTIFICATE DATED 19.11.2021 OF PETITIONER WITH HIS SPONSOR.

Exhibit P11 TRUE COPY OF UPDATED LIST OF NRI ELIGIBLE CANDIDATES PUBLISHED ON 14.01.2022.

WP(C) No.1763 of 2022

Exhibit P12 TRUE COPY OF THE PROVISIONAL ALLOTMENT LETTER DATED 20/1/2022 ISSUED BY MEDICAL COUNSELLING COMMITTEE (MCC)