All Kerala Self-Financing Dental ... vs State Of Kerala
2023 Latest Caselaw 760 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
                        WP(C) NO. 165 OF 2023


PETITIONER:

          ALL KERALA SELF-FINANCING DENTAL COLLEGE MANAGEMENT
          CONSORTIUM, REPRESENTED BY ITS PRESIDENT,
          OFFICE OF THE INDIRA GANDHI INSTITUTE OF DENTAL
          SCIENCES, NELLIKKUZHI P.O., KOTHAMANGALAM- 686 691.

          BY ADVS.
          S.VINOD BHAT
          ANAGHA LAKSHMY RAMAN
          GREESHMA CHANDRIKA.R


RESPONDENTS:

    1     STATE OF KERALA, DEPARTMENT OF HEALTH AND FAMILY
          WELFARE SECRETARIAT, THIRUVANANTHAPURAM,
          REPRESENTED BY THE SECRETARY, PIN - 695001

    2     THE COMMISSIONER FOR ENTRANCE EXAMINATIONS
          HOUSING BOARD BUILDINGS, SANTHI NAGAR,
          THIRUVANANTHAPURAM.

    3     UNION OF INDIA, MINISTRY OF HEALTH AND FAMILY
          WELFARE, NIRMAN BHAVAN, NEAR UDYOG BHAVAN METRO
          STATION, MOULANA AZAD ROAD, NEW DELHI-110 011
          REPRESENTED BY SECRETARY TO GOVERNMENT.

          BY ADVS.
          SRI.P.G.PRAMOD - GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 165/23
                                         2

                              JUDGMENT

The petitioner, which is a Consortium of Management of

Dental Colleges, seeks that the 2nd respondent - Commissioner for

Entrance Examinations be directed to issue a notification allowing

candidates who have cleared the NEET to apply for the vacancies

in various Dental Colleges in Kerala, along with those students

who are registered under the KEAM.

2. Sri.Vinod Bhat - learned counsel appearing for the

petitioner, pointed out that the competent Examinations Authority

in Karnataka has already issued Ext.P5 order, allowing candidates

who have qualified the NEET Examination, but not regisered with

KEA (which is applicable in the said State) to register through

their web portal, so that they can then apply to be admitted to

the vacancies. He argued that, there are 513 seats vacant in

various Dental Colleges in Kerala and that no students are

available for it to be filled up, because the KEAM list has already

been exhausted.

3. In response, however, Sri.P.G.Pramod - learned WPC 165/23

Government Pleader appearing on behalf of the respondents,

submitted that, taking note of the directions of this Court in

Ext.P2 judgment, an additional mop-up counselling was done, but

that there were very less students who applied for the seats. He

submitted that, therefore, in such circumstances, the

Commissioner for Entrance Examinations, Kerala, has decided not

to allow further indulgence to any student; and that in any

event, it will not be possible to follow Ext.P5 notification issued

by the Examining Authority in Karnatka, for want of time, since

admissions are to be closed by 14.01.2023.

4. Though this Court is certainly appreciative of the

angst expressed by the petitioner, in several hundreds of seats

being left vacant for this year, it will certainly be not possible

for me to direct the Commissioner for Entrance Examinations to

act in terms of Ext.P5, since it is guided by decisions and

considerations on policy. It has been well settled, that this Court

cannot substitute its wisdom for that of experts; and when the

learned Government Pleader affirmatively says that the

Commissioner for Entrance Examinations has decided not to allow WPC 165/23

any further admissions to the vacancies, I am afraid that this

Court cannot come to the aid of the petitioner.

This Writ Petition is thus closed.

Sd/-

ACR/RR                                    DEVAN RAMACHANDRAN
                                               JUDGE
 WPC 165/23


                APPENDIX OF WP(C) 165/2023

PETITIONER EXHIBITS
ExhibitP1           A TRUE COPY OF THE VACANCY OF SEATS AS
                    PUBLISHED BY THE 2ND RESPONDENT AS ON
                    24-12-2022
ExhibitP2           A TRUE COPY OF THE JUDGMENT DATED 23-
                    12-2022 IN W.P.(C) 41885/2022
ExhibitP3           A TRUE COPY OF THE LETTER DATED 24-12-
                    2022 WRITTEN BY THE PETITIONER TO
                    RESPONDENTS 1 AND 2
ExhibitP4           A TRUE COPY OF THE NOTIFICATION DATED

31-12-2022 ISSUED BY THE 2ND RESPONDENT Exhibit P5 A TRUE COPY OF THE NOTIFICATION DATED 10-01-2023 ISSUED BY THE KARNATAKA EXAMINATIONS AUTHORITY Exhibit P6 A TRUE COPY OF THE PRESS NOTE/ PRESS RELEASE DATED 10-01-2023 ISSUED BY THE KARNATAKA EXAMINATIONS AUTHORITY