Kerala High Court
Devika B.S., D/O.Sheeja R vs State Of Kerala on 14 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
WP(C) NO. 26729 OF 2023
PETITIONER:
DEVIKA B.S., D/O.SHEEJA R
AGED 26 YEARS
KRISHNAGIRI, KOTTAKKUPURAM, CLAPPANA P.O, KOLLAM, PIN -
690525
BY ADVS.
B.MOHANLAL
ASWIN V. NAIR
JAYAPRABHA ARJUN
AJAY S. KOSHY
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE COMMISSIONER
OFFICE OF THE COMMISSIONER OF ENTRANCE EXAMINATION,
GOVT. OF KERALA, 5TH FLOOR KSHB BUILDING, SS KOVIL
ROAD, SANTHI NAGAR, THIRUVANANTHAPURAM, PIN - 695001
OTHER PRESENT:
P.G PRAMOD GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.26729 of 2023
2
P.V.KUNHIKRISHNAN
---------------------
W.P (C) No.26729 of 2023
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Dated this the 14th day of August, 2023
JUDGMENT
This writ petition is filed with the following prayers:-
"(i) To call for the records leading to Ext-P6 from the
2nd respondent and issue a writ of certiorari or other
appropriate writ, order or direction quashing the
proceedings of the 2nd Respondent declining to
allocate the seat of the 4th position to the Petitioner
in the State Quota to the Degree/Diploma Holders in
Homeopathy reserved for admission to Professional
MBBS Course 2023 and thereby arbitrarily allocated
to the reserved seat to the Candidate in the 15 th
position overlooking the claim of the Petitioner in
Ext-P6.
(ii) To issue a writ of mandamus or other
appropriate writ, order or direction commanding the
Respondents to forthwith allocate the seat of the 4th
position to the Petitioner in the State Quota to the
Degree/Diploma Holders in Homeopathy reserved
for admission to Professional MBBS Course 2023
within a stipulated time as directed by this Hon'ble
Court.
(iii) To declare that the Petitioner is entitled to get
allocate the seat of the 4th position in the State
Quota to the Degree/Diploma Holders in
Homeopathy reserved for admission to Professional
MBBS Course 2023 as per Ext.P6 by the
Respondents.
(iv) To declare that the allocation of the seat of the
4th position in the State Quota to the
Degree/Diploma Holders in Homeopathy reserved
for admission to Professional MBBS Course 2023 to
the candidate in the 15th position over and above
the 4th position of the Petitioner in Ext.P6
W.P (C) No.26729 of 2023
overlooking the claim of the Petitioner by the
Respondents is illegal and arbitrary.
(v) To dispense with the filing of the translation of
vernacular documents produced along with the
above Writ Petition (Civil).
(vi) To issue such other reliefs as this Hon'ble Court
may deem fit and proper in the circumstances of
the case." (SIC)
2. The Petitioner after BHMS applied for NEET (UG)
2023 under the State Quota to the Degree/Diploma Holders
in Homeopathy reserved for admission to Professional MBBS
Course 2023. The 2nd respondent allocated application
No:3152628 as per Ext.P2 and the petitioner scored 360
marks in 85.4 percentile and secured All India Rank 296010
and State Medical Rank 20140 as per Exts.P4 and P5.
According to the petitioner, she is entitled the quota
earmarked for BHMS candidates for MBBS course. It is the
case of the petitioner that 4 seats are earmarked for the
above quota and the petitioner will be No.4 in the category
list. But, it is the case of the petitioner that the candidates
who is having the 15th position is given allotment. The
petitioner issued notice to the respondents about the same
and there is no response. Hence, the petitioner submitted
Ext.P7 before the 2nd respondent and the same is also not
W.P (C) No.26729 of 2023
considered. Hence, this writ petition.
3. Heard the learned counsel for the petitioner and
the learned Government Pleader.
4. The grievance of the petitioner is that she is
entitled the allotment in the category earmarked for BHMS
candidates and she is in the 4th position in that category
and the candidates with 15th position is given allotment.
Since, the petitioner already submitted Ext.P7 before the 2 nd
respondent, I think this writ petition need not be retained
here. There can be a direction to the 2 nd respondent to
consider Ext.P7 with notice to the petitioner and the
affected parties within a time frame.
Therefore, this writ petition is disposed of with the
following directions.
1) The 2nd respondent is directed to consider
and pass appropriate orders in Ext.P7, after
giving an opportunity of hearing to the
petitioner and the other affected party, as
expeditiously as possible, at any rate, within a
period of four days from the date of receipt of a
certified copy of this judgment.
W.P (C) No.26729 of 2023
2) The petitioner will produce a certified copy
of this judgment along with a copy of the writ
petition before the 2nd respondent for
compliance.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
W.P (C) No.26729 of 2023
APPENDIX OF WP(C) 26729/2023
PETITIONER EXHIBITS
Exhibit-P1 THE TRUE COPY OF THE DEGREE CERTIFICATE
DATED 02/11/2022 ISSUED BY THE
REGISTRAR, RAJIV GANDHI UNIVERSITY OF
HEALTH SCIENCES, KARNATAKA
Exhibit -P2 THE TRUE COPY OF THE APPLICATION NO:
230410713363 ISSUED TO THE PETITIONER
DATED NIL
Exhibit -P3 THE TRUE COPY OF THE APPLICATION
NO:3152628 DATED 24.03.2023 ISSUED BY
THE 2ND RESPONDENT TO THE PETITIONER
Exhibit-P4 THE TRUE COPY OF THE CANDIDATE'S DATA
SHEET ISSUED BY THE 2ND RESPONDENT TO
THE PETITIONER
Exhibit- P5 THE TRUE COPY OF THE RESULT SUBMISSION
REPORT OF NEET (UG) 2023 UPLOADED IN
THE PORTAL OF THE 2ND RESPONDENT
Exhibit-P6 THE TRUE COPY OF THE RELEVANT PAGES OF
THE STATE QUOTA WISE RANK LIST DATED
27.07.2023 UPDATED BY THE 2ND
RESPONDENT IN THE PORTAL
Exhibit -P7 THE TRUE COPY OF THE APPLICATION DATED
05.08.2023 SUBMITTED BY THE PETITIONER
TO THE 2ND RESPONDENT
Exhibit-P7(a) THE TRUE COPY OF THE POSTAL RECEIPT
DATED 07.08.2023 SUBMITTED BY THE
PETITIONER TO THE 2ND RESPONDENT
