Citation : 2023 Latest Caselaw 8608 Ker
Judgement Date : 9 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
WP(C) NO. 26344 OF 2023
PETITIONERS:
1 SAJJA SATYA
AGED 20 YEARS
D/O SAJJA RAMA CHANDRA RAO, 1-128, DAGGUBADU,
KARAMCHEDU, PRAKASAM, ANDHRAPRADESH., PIN - 523190
2 DWARAM LAHARI
AGED 18 YEARS
D/O DWARAM SHIVA PRASAD REDDY, 1-64, NEAR HIGH SCHOOL,
YALLURU, KURNOOL, ANDHRA PRADESH., PIN - 518573
3 BUDDHAVARAPU SRIYA
AGED 19 YEARS
D/O BUDDHAVARAPPU SATHYA NARAYANA, 23-1219, SODHAN
NAGAR, BEHIND RTC BUS STAND, DARGAMITTA, SRI POTTI
SRIRAMALU, NELLORE, ANDHRA PRADESH, PIN - 524003
4 MANNARAPU KAVYASREE
AGED 19 YEARS
D/O M MASTAN, 13-182/3, NADA BUILDINGS, SOMAIAH STREET,
GAJUWAKA, VISHAKAPATTANAM, ANDHRA PRADESH., PIN -
530026
5 BARLA LAKSHMI LAHARI
AGED 20 YEARS
D/O BARLA SRINIVAS, 13-1-733, REVENUE COLONY, NEAR
RAMALAYAM, ANANANTHAPUR, ANDHRA PRADESH., PIN - 515001
6 DEVALLA SWARA
AGED 19 YEARS
D/O DEVALLA V V VARA PRASAD, 25-07-9/07, FLAT NO.204,
KRISHNA LEELA APARTMENT, VELURI VARI STREET,
SRIRAMNAGAR, RARAJAMAHENDRAVARAM, EAST GODAVARI, ANDHRA
PRADESH., PIN - 533105
7 MANDADAPU TEJASWINI BRUNDHA
AGED 18 YEARS
D/OMANDADAPU NAGESWARA RAO, 1-50, KATTAMURU,
SATTENPALLI, GUNTUR, ANDHRA PRADESH., PIN - 522402
8 VYSHNAVI P V
AGED 18 YEARS
D/O P S VENKATA SUBBA REDDY, 7-18, PAPASANIPALLI,
MADAKASIRA, ANANTAPUR, ANDHRA PRADESH., PIN - 515301
9 VISHWAKASENA REDDY KURMAIAH GARI
AGED 19 YEARS, S/O K RAMESH REDDY, 4/855, NADIMPALLI,
W.P (C) No.26344 of 2023
2
ARAVEEDU, KADAPA, ANDHRA PRADESH., PIN - 516267
10 CHANDOLU VENKATA MANIKANTA KOWSHIK
AGED 18 YEARS
S/OCHANDOLLU VENKATA SIVA NAGA PRAVEEN, FLAT
NO.301, NEAR VASAVI MEDICAL COMPLEX, DREAM HOME
SAI NAGAR 1ST LINE, MULAKALUR, GUNTUR, ANDHRA
PRADESH., PIN - 522601
11 MAMIDI VENKATA SAMPATH PAVAN
AGED 19 YEARS
S/O MAMIDI VENKATA RAMANA MURTHY, 24-83-14,
SANATH NAGAR, GAJUWAKA, VISAKHAPATANAM, ANDHRA
PRADESH., PIN - 530026
12 ANCHULA VENKATA MANI JAYANTH
AGED 20 YEARS
S/O ANCHULA SRINIVASA RAO, 1-67A, PHIRANGIPURAM,
THALLURU, 113 THALLURU, GUNTUR, ANDHRA PRADESH.,
PIN - 522529
BY ADVS.
P.JINISH PAUL
SNEHA V.
V.S.SHIRAZ BAVA
RESPONDENTS:
1 STATE OF KERALA
REP BY THE SECRETARY TO GOVERNMENT, HIGHER
EDUCATION (G&J&P) DEPARTMENT, 3RDFLOOR, ANNEX-II,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
KERALA., PIN - 695001
2 ADDITIONAL CHIEF SECRETARY TO GOVERNMENT
HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, KERALA., PIN -
695001
3 COMMISSIONER FOR ENTRANCE EXAMINATIONS
5TH FLOOR, HOUSING BOARD BUILDINGS, SANTHI NAGAR,
THIRUVANANTHAPURAM., PIN - 695001
OTHER PRESENT:
SRI.P.G.PRAMOD, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.08.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P (C) No.26344 of 2023
3
P.V.KUNHIKRISHNAN
---------------------
W.P (C) No.26344 of 2023
---------------------------
Dated this the 9th day of August, 2023
JUDGMENT
This writ petition is filed with the following prayers:-
"(i). Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to open the facility of online portal for including the NEET score of the petitioners along with the application before finalizing the list of KEAM 2023.
(ii) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to make necessary publication and/or notification or the candidates outside Kerala to register themselves online with the Commissioner for Entrance Examinations so as to participate in the allotment.
(iii) Pass such other order or further directions as this Hon'ble Court may deem fit and reasonable in the facts and circumstances of the case." (SIC)
2. The petitioners are candidates who are seeking
admission to the professional Degree Course in Government
Medical / Dental Colleges. As per the notification of the 3 rd
respondent, the petitioners have submitted their application
by 12.07.2023 & 13.07.2023 respectively. It is the case of
the petitioners that they were already qualified for the W.P (C) No.26344 of 2023
NEET-UG 2023 conducted by the NTA and having the NEET
score card. According to the petitioners, it is not mandatory
to submit the NEET score card within the prescribed limit
and non inclusion of the petitioners' name in the final
category list of KEAM 2023 because NEET score card is not
correct. The petitioners submitted Exts.P27 to P38 before
the 3rd respondent, the same is not considered. It is
submitted that similarly situated candidates approached
this Court and this Court passed Ext.P39 judgment. A
similar direction may be passed in this case, is the
submission.
3. Heard the learned counsel for the petitioners and
the learned Government Pleader.
4. After hearing both sides, I think this writ petition
can be disposed of directing the 3rd respondent to consider
Exts.P27 to 38 within a time frame.
Therefore, this writ petition is disposed of with the
following directions.
1) The 3rd respondent is directed to consider and pass appropriate orders in Exts.27 to P38, as expeditiously as possible, at any rate, within a period of five days from the date of receipt of W.P (C) No.26344 of 2023
a certified copy of this judgment. The 3 rd respondent will take a practical approach while deciding the matter, keeping in mind the future of the students.
2) The petitioners will produce a certified copy of this judgment along with a copy of the writ petition before the 3rd respondent for compliance.
Sd/-
P.V.KUNHIKRISHNAN JUDGE
bng W.P (C) No.26344 of 2023
APPENDIX OF WP(C) 26344/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE APPLICATION ACKNOWLEDGE FOR KEAM 2023 OF THE 1ST PETITIONER DATED 13-07-2023
EXHIBIT P2 TRUE COPY OF THE APPLICATION ACKNOWLEDGE FOR KEAM 2023 OF THE 2ND PETITIONER DATED 13-07-2023
EXHIBIT P3 TRUE COPY OF THE APPLICATION ACKNOWLEDGE FOR KEAM 2023 OF THE 3RD PETITIONER DATED 12-07-2023
EXHIBIT P4 TRUE COPY OF THE APPLICATION ACKNOWLEDGE FOR KEAM 2023 OF THE 4TH PETITIONER DATED 13-07-2023
EXHIBIT P5 TRUE COPY OF THE APPLICATION ACKNOWLEDGE FOR KEAM 2023 OF THE 5TH PETITIONER DATED 13-07-2023
EXHIBIT P6 TRUE COPY OF THE APPLICATION ACKNOWLEDGE FOR KEAM 2023 OF THE 6TH PETITIONER DATED 13-07-2023
EXHIBIT P7 TRUE COPY OF THE APPLICATION ACKNOWLEDGE FOR KEAM 2023 OF THE 7TH PETITIONER DATED 13-07-2023
EXHIBIT P8 TRUE COPY OF THE APPLICATION ACKNOWLEDGE FOR KEAM 2023 OF THE 8TH PETITIONER DATED 13-07-2023
EXHIBIT P9 TRUE COPY OF THE APPLICATION ACKNOWLEDGE FOR KEAM 2023 OF THE 9TH PETITIONER DATED 13-07-2023
EXHIBIT P10 TRUE COPY OF THE APPLICATION ACKNOWLEDGE FOR KEAM 2023 OF THE 10TH PETITIONER DATED 12-07-2023
EXHIBIT P11 TRUE COPY OF THE APPLICATION W.P (C) No.26344 of 2023
ACKNOWLEDGE FOR KEAM 2023 OF THE 11TH PETITIONER DATED 18-03-2023
EXHIBIT P12 TRUE COPY OF THE APPLICATION ACKNOWLEDGE FOR KEAM 2023 OF THE 12TH PETITIONER DATED 12-07-2023
EXHIBIT P13 TRUE COPY OF THE NOTIFICATION NO.
CEE/363/2023-TA4 DATED 11-07-2023
EXHIBIT P14 TRUE COPY OF SCORE CARDS OF THE 1ST PETITIONER DATED 13.06.2023 ISSUED BY THE MINISTRY OF EDUCATION MINISTRY OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF INDIA
EXHIBIT P15 TRUE COPY OF SCORE CARDS OF THE 2ND PETITIONER DATED 13.06.2023 ISSUED BY THE MINISTRY OF EDUCATION MINISTRY OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF INDIA
EXHIBIT P16 TRUE COPY OF SCORE CARDS OF THE 3RD PETITIONER DATED 13.06.2023 ISSUED BY THE MINISTRY OF EDUCATION MINISTRY OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF INDIA
EXHIBIT P17 TRUE COPY OF SCORE CARDS OF THE 4TH PETITIONER DATED 13.06.2023 ISSUED BY THE MINISTRY OF EDUCATION MINISTRY OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF INDIA
EXHIBIT P18 TRUE COPY OF SCORE CARDS OF THE 5TH PETITIONER DATED 13.06.2023 ISSUED BY THE MINISTRY OF EDUCATION MINISTRY OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF INDIA
EXHIBIT P19 TRUE COPY OF SCORE CARDS OF THE 6TH PETITIONER DATED 13.06.2023 ISSUED BY THE MINISTRY OF EDUCATION MINISTRY OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF INDIA W.P (C) No.26344 of 2023
EXHIBIT P20 TRUE COPY OF SCORE CARDS OF THE 7TH PETITIONER DATED 13.06.2023 ISSUED BY THE MINISTRY OF EDUCATION MINISTRY OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF INDIA
EXHIBIT P21 TRUE COPY OF SCORE CARDS OF THE 8TH PETITIONER DATED 13.06.2023 ISSUED BY THE MINISTRY OF EDUCATION MINISTRY OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF INDIA
EXHIBIT P22 TRUE COPY OF SCORE CARDS OF THE 9TH PETITIONER DATED 13.06.2023 ISSUED BY THE MINISTRY OF EDUCATION MINISTRY OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF INDIA
EXHIBIT P23 TRUE COPY OF SCORE CARDS OF THE 10TH PETITIONER DATED 13.06.2023 ISSUED BY THE MINISTRY OF EDUCATION MINISTRY OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF INDIA
EXHIBIT P24 TRUE COPY OF SCORE CARDS OF THE 11TH PETITIONER DATED 13.06.2023 ISSUED BY THE MINISTRY OF EDUCATION MINISTRY OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF INDIA
EXHIBIT P25 TRUE COPY OF SCORE CARDS OF THE 12TH PETITIONER DATED 13.06.2023 ISSUED BY THE MINISTRY OF EDUCATION MINISTRY OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF INDIA
EXHIBIT P26 TRUE COPY OF THE NOTIFICATION ISSUED BY THE 3RD RESPONDENT DATED 15-07-2023
EXHIBIT P27 TRUE COPY OF THE REQUEST SENT BY THE 1ST PETITIONER THROUGH ONLINE TO THE 3RD RESPONDENT DATED 28-07-2023
EXHIBIT P28 TRUE COPY OF THE REQUEST SENT BY THE 2ND PETITIONER THROUGH ONLINE TO THE 3RD RESPONDENT DATED 28-07-2023 W.P (C) No.26344 of 2023
EXHIBIT P29 TRUE COPY OF THE REQUEST SENT BY THE 3RD PETITIONER THROUGH ONLINE TO THE 3RD RESPONDENT DATED 28-07-2023
EXHIBIT P30 TRUE COPY OF THE REQUEST SENT BY THE 4TH PETITIONER THROUGH ONLINE TO THE 3RD RESPONDENT DATE NIL
EXHIBIT P31 TRUE COPY OF THE REQUEST SENT BY THE 5TH PETITIONER THROUGH ONLINE TO THE 3RD RESPONDENT DATE NIL
EXHIBIT P32 TRUE COPY OF THE REQUEST SENT BY THE 6TH PETITIONER THROUGH ONLINE TO THE 3RD RESPONDENT DATED 28-07-2023
EXHIBIT P33 TRUE COPY OF THE REQUEST SENT BY THE 7TH PETITIONER THROUGH ONLINE TO THE 3RD RESPONDENT DATED 28-07-2023
EXHIBIT P34 TRUE COPY OF THE REQUEST SENT BY THE 8TH PETITIONER THROUGH ONLINE TO THE 3RD RESPONDENT DATED 28-07-2023
EXHIBIT P35 TRUE COPY OF THE REQUEST SENT BY THE 9TH PETITIONER THROUGH ONLINE TO THE 3RD RESPONDENT DATED 28-07-2023
EXHIBIT P36 TRUE COPY OF THE REQUEST SENT BY THE 10TH PETITIONER THROUGH ONLINE TO THE 3RD RESPONDENT DATED 28-07-2023
EXHIBIT P37 TRUE COPY OF THE REQUEST SENT BY THE 11TH PETITIONER THROUGH ONLINE TO THE 3RD RESPONDENT DATED 29-07-2023
EXHIBIT P38 TRUE COPY OF THE REQUEST SENT BY THE 12TH PETITIONER THROUGH ONLINE TO THE 3RD RESPONDENT DATED 28-07-2023
EXHIBIT P39 TRUE COPY OF THE JUDGMENT IN WP(C) NO.
25006/2023 DATED 01/08/2023
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