Aswin Das vs Union Of India
2022 Latest Caselaw 5326 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
         FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
                        WP(C) NO. 16355 OF 2022
PETITIONERS:

    1        ASWIN DAS
             AGED 30 YEARS
             S/O SIVADASAN P., SARASIJAM HOUSE, ELATHOOR P.O.,
             KOZHIKODE DISTRICT- 673 303.
    2        HAMNA T.P.,
             AGED 31 YEARS, D/O ABDUL MANAF T.P., C2, JANNAH,
             ANTARTIS SILVER HILLS VILLA, MOOZHIKKAL, KALLAYI P.O.,
             KOZHIKODE- 673 003.
    3        AHANA FATHIMA,
             AGED 29 YEARS, D/O K. HASSAN, KODUVELIL, AROOKUTTY P.O,
             CHERTHALA, ALAPPUZHA -688535.
    4        SHRADHA D'CRUZ,
             AGED 26 YEARS, D/O SILVACRUZ J, TC 25/3305, SHREYAS,
             VANCHIYOOR P.O., THIRUVANANTHAPURAM-695001.
    5        AAJAL M.S.,
             AGED 29 YEARS, S/O N. MOHANAN, MAAS VILLA, TC-55/1664,
             AMBANADU, KAIMANAM P.O., THIRUVANANTHAPURAM- 695 040.
    6        RAMEESA ABDULLA,
             AGED 28 YEARS, D/O ABDULLA, PARIYARATH HOUSE,
             PATHIRAMANNA, PUZHAKKATTIRI P.O., MALAPPURAM- 679 321.
    7        ANJALI P.S.,
             AGED 28 YEARS, D/O SIVAPRASAD P.L., PUTHANMURIYIL
             HOUSE, PATTANAKAD P.O., ALAPPUZHA- 688531.
    8        SONIYA SAJITH,
             AGED 27 YEARS, D/O SAJITH, HOUSE NO. 11, VINAYAKA
             NAGAR, MUKKOLA, NEDUMANGAD P.O., KALLAYAM,
             THIRUVANANTHAPURAM- 695 541.
    9        ANJU S.,
             AGED 29 YEARS, D/O SUDHAKARAN, SREEKULAM, NORTH
             MYNAGAPALLY P.O., KOLLAM DISTRICT-690 519.
    10       MOHAMMED IRSHAD M.,
             AGED 26 YEARS, S/O MOHAMMED IQBAL, RAFI MANZIL,
 WP(C) NO. 16355 OF 2022
                           2

         KODINADA, NEAR SBT, BALARAMAPURAM P.O.,
         PALLICHAL, THIRUVANANTHAPURAM-695 501.
   11    VISHNU U.S.,
         AGED 25 YEARS, S/O UNNIKRISHNAN G, SREELAKSHMI
         NIVAS, PARAKKUNNU P.O., NAVAIKULAM,
         THIRUVANTHAPURAM-695 603.
   12    RAMSEENA N.P.,
         AGED 29 YEARS, C/O SHAHEER, ANTHUR HOUSE,
         CHEMBELPADI, VELIYANKODE P.O.,
         MALAPPURAM- 679 587.
   13    CLINS MAXIN,
         AGED 27 YEARS, S/O MAXIN, KOLAPRAN HOUSE,
         VETTUKADAVU, CHALAKKUDY P.O.,
         THRISSUR- 680 307.
   14    ANEEZA A.,
         AGED 32 YEARS, D/O ALIYARKUNJU, ANAKKUZHY
         HOUSE, MUKKALA P.O., VENJARAMOODU,
         THIRUVANANTHAPURAM- 695 607.
   15    DEEPTHY SURESH K,
         AGED 27 YEARS, D/O SURESH KUMAR, DESERT STORM,
         SAN NAGAR, VENCODE P.O.,
         THIRUVANANTHAPURAM- 695 028.
   16    VISHNU SANAL,
         AGED 31 YEARS, S/O SANAL KUMAR, AMBADI, TC
         2/3151, PLRA 144, PANACHAMOODU LANE, NEAR
         KENDRIYA VIDYALAYA, PATTOM P.O.,
         THIRUVANANTHAPURAM-695 004.
   17    BASMA BASHEER,
         AGED 25 YEARS, D/O BASHEER, THAKADIYEL HOUSE,
         KARAPUZHA P.O., VAIKOM, KOTTAYAM- 686 003.
   18    SIJO,
         AGED 28 YEARS, S/O MOLLY SHAJI, NJAVALLY,
         VELANGUPPARA, VELLANGELLUR P.O.,
         THRISSUR-680586.
   19    HADASA J SAGARAM,
         AGED 28 YEARS, D/O HARI, SAGARA BHAVAN,
         THARMARUKONAM, MACHAMCODE P.O.,
 WP(C) NO. 16355 OF 2022
                                   3

               THIRUVANANTHAPURAM- 695 125.
   20          JYOLSNA S.,
               AGED 25 YEARS, D/O SHANMUGHAN S., MAYOORAM,
               DPO ROAD, UP HILL, MALAPPURAM-676505.
               BY ADVS.
               C.DHEERAJ RAJAN
               ANAND KALYANAKRISHNAN


RESPONDENTS:

    1          UNION OF INDIA
               REPRESENTED BY ITS SECRETARY, MINISTRY OF
               HUMAN RESOURCE DEVELOPMENT, SOUTH BLOCK,
               NEW DELHI- 110 000.
    2          NATIONAL BOARD OF EXAMINATIONS IN MEDICAL
               SCIENCES,
               REPRESENTED BY ITS EXECUTIVE DIRECTOR, MEDICAL
               ENCLAVE, ANSARI NAGAR, MAHATMA GANDHI MARG
               (RING ROAD), NEW DELHI- 110 029.
    3          NATIONAL TESTING AGENCY,
               REPRESENTED BY ITS DIRECTOR GENERAL, SECTOR
               62, NOIDA, UTTAR PRADESH- 201 309.
    4          MEDICAL COUNCIL OF INDIA,
               REPRESENTED BY ITS SECRETARY GENERAL, POCKET-
               14, SECTOR 8, DWARAKA PHASE,
               NEW DELHI- 110 077.
               BY ADVS.
               MANU S. ASG OF INDIA
               SHRI.P.SANJAY, SC, NATIONAL BOARD OF
               EXAMINATIONS IN MEDICAL SCIENCES (NBEMS)
               SHRI.NIRMAL S, SC, NATIONAL TESTING AGENCY



        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME   UP    FOR
ADMISSION       ON   20.05.2022,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 16355 OF 2022
                                 4


               P.V.KUNHIKRISHNAN, J.
              ------------------------------
             W.P.(C).No. 16355 of 2022
      ----------------------------------------------
        Dated this the 20th day of May, 2022


                        JUDGMENT

The above writ petition is filed with the following prayers:

"(i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2 nd respondent to comply with clause 7.5 of Exhibit P1 prospectus.

(ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2 nd respondent to allot an examination centre to the petitioners in the same state/ adjoining state as per the provisions contained in Exhibit P1 prospectus.

(iii) Grant such other relief deemed fit to this Hon'ble Court."[SIC]

2. The grievance of the petitioners is that the

NEET - PG Examination is scheduled on tomorrow

(21.05.2022). The Admit cards were issued to the

petitioners and other candidates only on 14.05.2022. As

per Clause 7.5 of Ext.P1, if the examination centre is not

available in the State, nearby state is to be given. It is WP(C) NO. 16355 OF 2022

also stated in Clause 7.5 that the candidates opting for

other options shall be informed about their testing city in

advance. The grievance of the petitioners is that the

admit cards were received only on 14.05.2022 and the

examination is scheduled on 21.05.2022. The

petitioners were allotted examination centres at Andhra

Pradesh and Hyderabad. They are not in a position to

took tickets to travel to the said examination centres.

Hence this writ petition is filed.

3. Heard counsel appearing for the petitioners

and the Standing Counsel appearing for 2 nd respondent.

I also heard the counsel appearing for 3 rd respondent

and the ASGI.

4. Counsel for the petitioners narrated their

grievance in detail. The counsel submitted that the

petitioners received the admit cards only on 14.05.2022

and the examination is scheduled on 21.05.2022. The

petitioners are not in a position to reach the examination

centres on 21.05.2022 which is a far away place. The

counsel also takes me through Clause 7.5 of Ext.P1 WP(C) NO. 16355 OF 2022

Information bulletin. The Standing counsel appearing for

the 2nd respondent takes me through Clause 7.3 of

Ext.P1. The Standing counsel submitted that most of

the petitioners were adjusted in Kerala itself when the

examination was scheduled in March 2022. But now

when the examination was postponed, the Examination

centres which were originally allotted was not available

and that is why the petitioners were given the

examination centres in Hyderabad and Andhra Pradesh.

The Standing counsel also submitted that about

2,65,000 candidates are appearing for the examination

and it is an all India level examination. The counsel

submitted that, if any order is passed, that will create

trouble. The counsel also submitted that all

arrangements are made for the examination.

This Court considered the contentions of the

petitioners and the respondents. This Court also

considered Clauses 7.3 and 7.5 of Ext.P1. It is true that

there is inconvenience to the petitioners because of the

sudden notice about the examination centres. But the WP(C) NO. 16355 OF 2022

examination is scheduled on 21.05.2022. All the

arrangements were made and about 2,65,000

candidates are appearing for this examination. On the

previous day of the examination, it will not be proper on

the part of this Court to postpone the examination or to

interfere with the examination centres which is now

alloted to the petitioners. I see no merit in this writ

petition.

Therefore, this writ petition is dismissed.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 16355 OF 2022

APPENDIX OF WP(C) 16355/2022

PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE PROSPECTUS ISSUED BY THE 2ND RESPONDENT EXHIBIT P2 THE TRUE COPY OF THE ADMIT CARD ISSUED TO THE 1ST PETITIONER BY THE 2ND RESPONDENT EXHIBIT P2A THE TRUE COPY OF THE ADMIT CARD ISSUED TO THE 2ND PETITIONER BY THE 2ND RESPONDENT EXHIBIT P2B THE TRUE COPY OF THE ADMIT CARD ISSUED TO THE 3RD PETITIONER BY THE 2ND RESPONDENT EXHIBIT P2C THE TRUE COPY OF THE ADMIT CARD ISSUED TO THE 4TH PETITIONER BY THE 2ND RESPONDENT EXHIBIT P2D THE TRUE COPY OF THE ADMIT CARD ISSUED TO THE 5TH PETITIONER BY THE 2ND RESPONDENT EXHIBIT P2E THE TRUE COPY OF THE ADMIT CARD ISSUED TO THE 6TH PETITIONER BY THE 2ND RESPONDENT EXHIBIT P2F THE TRUE COPY OF THE ADMIT CARD ISSUED TO THE 7TH PETITIONER BY THE 2ND RESPONDENT EXHIBIT P2G THE TRUE COPY OF THE ADMIT CARD ISSUED TO THE 8TH PETITIONER BY THE 2ND RESPONDENT EXHIBIT P2H THE TRUE COPY OF THE ADMIT CARD ISSUED TO THE 9TH PETITIONER BY THE 2ND RESPONDENT EXHIBIT P2I THE TRUE COPY OF THE ADMIT CARD ISSUED TO THE 10TH PETITIONER BY THE 2ND RESPONDENT EXHIBIT P2J THE TRUE COPY OF THE ADMIT CARD WP(C) NO. 16355 OF 2022

ISSUED TO THE 11TH PETITIONER BY THE 2ND RESPONDENT EXHIBIT P2K THE TRUE COPY OF THE ADMIT CARD ISSUED TO THE 12TH PETITIONER BY THE 2ND RESPONDENT EXHIBIT P2L THE TRUE COPY OF THE ADMIT CARD ISSUED TO THE 13TH PETITIONER BY THE 2ND RESPONDENT EXHIBIT P2M THE TRUE COPY OF THE ADMIT CARD ISSUED TO THE 14'H PETITIONER BY THE 2ND RESPONDENT EXHIBIT P2N THE TRUE COPY OF THE ADMIT CARD ISSUED TO THE 15TH PETITIONER BY THE 2ND RESPONDENT EXHIBIT P2O THE TRUE COPY OF THE ADMIT CARD ISSUED TO THE 16TH PETITIONER BY THE 2ND RESPONDENT EXHIBIT P2P THE TRUE COPY OF THE ADMIT CARD ISSUED TO THE 17TH PETITIONER BY THE 2ND RESPONDENT EXHIBIT P2Q THE TRUE COPY OF THE ADMIT CARD ISSUED TO THE 18TH PETITIONER BY THE 2ND RESPONDENT EXHIBIT P2R THE TRUE COPY OF THE ADMIT CARD ISSUED TO THE 19TH PETITIONER BY THE 2ND RESPONDENT EXHIBIT P2S THE TRUE COPY OF THE ADMIT CARD ISSUED TO THE 20TH PETITIONER BY THE 2ND RESPONDENT

RESPONDENTS EXHIBITS :NIL

//TRUE COPY//

PA TO JUDGE