Kerala High Court
Riya Tessa John vs Union Of India on 27 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
WP(C) NO. 14454 OF 2022
PETITIONER:
RIYA TESSA JOHN,
AGED 18 YEARS,
D/O.JOHNY THOMAS,
QUARTERS NO.A3/5, STAFF QUARTERS,
AMALA INSTITUTE OF MEDICAL SCIENCES,
AMALANAGAR, THRISSUR 680 555
BY ADVS.
K.S.BHARATHAN
AADITHYAN S.MANNALI
ALPHIN ANTONY
CHRISTINE MATHEW
C.J.LIZY
VISAKH ANTONY
ABEL ANTONY
RANCE R.
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY THE SECRETARY,
MINISTIS OF HEALTH AND FAMILY WELFARE,
"A" WING, NIRMAN BHAVAN,
NEW DELHI - 110011
2 THE DIRECTOR GENERAL OF HEALTH SERVICES,
MINISTRY OF HEALTH AND FAMILY WELFARE DEPARTMENT,
NIRMAN BHAVAN,
NEW DELHI-110011
3 MEDICAL COUNSELLING COMMITTEE (MCC),
DIRECTORATE GENERAL OF HEALTH SERVICES,
MINISTRY OF HEALTH AND FAMILY WELFARE,
NIRMAN BHAWAN,
MAULANA AZAD ROAD,
NEW DELHI-110108,
REPRESENTED BY THE ASSISTANT DIRECTOR GENERAL
OF HEALTH SERVICES
WP(C)No.14454/2022
2
4 THE COMMISSIONER OF ENTRANCE EXAMINATIONS,
OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATIONS,
HOUSING BOARD BUILDINGS,
SANTHI NAGAR,
THIRUVANANTHAPURAM - 695001
5 THE PRINCIPAL,
AMALA INSTITUTE OF MEDICAL SCIENCES,
AMALA NAGAR,
THRISSUR-680555.
SRI.RENJITH K.R, GOVERNMENT PLEADER
SRI.V.GIREESH KUMAR, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.14454/2022
3
JUDGMENT
Dated this the 27th day of May, 2022
The petitioner has filed this writ petition seeking
to quash Ext.P1 notification to the limited extent of
restrictions imposed on the candidates stated as ineligible
vide Ext.P1 notification by forbidding them to take part in
"Special Stray Vacancy Round of NET UG Counselling
2021" as the same is illegal and not in compliance of the
directions in Ext.P3 order of the Apex Court. The petitioner
also seeks to command respondents 1 to 4 to permit the
petitioner to claim allotment and consequent admission by
attending the "Special Stray Vacancy Round of NEET UG
Counselling 2021' which is scheduled to commence on
22.04.2022.
WP(C)No.14454/2022
2. When this writ petition came up for hearing
today, the learned Government Pleader pointed out that as
per the stipulated schedule, the last date of admitting to the
Courses in question is over in the month of April itself. As
the cut off date prescribed by the National Medical Council
is over, there cannot be filling up of stray vacancies after the
cut off date.
In view of the said developments, the writ petition
has become infructuous. Accordingly, the writ petition is
dismissed as infructuous.
Sd/-
N. NAGARESH
JUDGE
SR
WP(C)No.14454/2022
APPENDIX OF WP(C) 14454/2022
PETITIONER'S EXHIBITS:
Exhibit P1 THE TRUE COPY OF THE NOTIFICATION
ISSUED BY THE 2ND RESPONDENT DATED
18-4-2022
Exhibit P2 THE TRUE COPY OF THE SCHEDULE OF
ONLINE COUNSELLING OF SPECIAL STRAY
VACANCY ROUND OF UG (MBBS) SEAT 2021
DATED 14-04-2022
Exhibit P3 THE TRUE COPY OF THE NOTIFICATION AND
THE ORDER OF THE HON'BLE SUPREME
COURT REFERRED TO THEREIN, THE COPY
OF WHICH IS ATTACHED TO THE
NOTIFICATION DATED 18-12-2021
Exhibit P4 THE TRUE COPY OF THE ALLOTMENT MEMO
ISSUED TO THE PETITIONER DATED 29-01-
Exhibit P5 THE TRUE COPY OF THE ALLOTMENT MEMO
ISSUED TO THE PETITIONER DATED 22-03-
Exhibit P6 THE TRUE COPY OF THE EMAIL
REPRESENTATIONS SENT TO THE
RESPONDENT AUTHORITIES DATED 21-04-
2022 SUBMITTED BY THE PETITIONER.
SR
