Kerala High Court
Niranjana vs The Commissioner For Entrance ... on 23 September, 2023
WP(C) No.31270/2023 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Saturday, the 23rd day of September 2023 / 1st Aswina, 1945
WP(C) NO. 31270 OF 2023(G)
PETITIONER:
NIRANJANA, AGED 19 YEARS, D/O. DILEEP, RAJEEV VIHAR, GRE 254,
GOWREESHAPATTOM, PATTOM, THIRUVANANTHAPURAM - 695004.
RESPONDENT:
THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, 5TH FLOOR, K.S.H.B.
BUILDINGS, THIRUVANANTHAPURAM - 695001.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to i) direct the respondent to include the petitioner in the stray
allotment process for M.B.B.S admission under sports quota, pending
disposal of the writ petition. ii) direct the respondent not to fill up
the one vacant seat under sports quota for M.B.B.S course in the stray
allotment under the general category, pending disposal of the writ
petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.GEORGE POONTHOTTAM (SENIOR ADVOCATE) along with M/S. NISHA GEORGE, &
KAVYA VARMA M. M., Advocates for the petitioner, the court passed the
following:
p.t.o
WP(C) No.31270/2023 2/5
RAJA VIJAYARAGHAVAN V, J.
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W.P.(C) No.31270 of 2023
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Dated this the 23rd day of September, 2023
ORDER
I have heard Sri. George Poonthottam, the learned senior counsel
appearing for the petitioner and Smt. Surya Binoy, the learned Government
Pleader.
2. I have carefully through the judgment rendered by the learned
Single Judge in W.P.(C) No.25005/2023, which was later overturned by the
Division Bench.
3. I find that by Ext.P1 interim order, this Court had ordered the
inclusion of a certain Brijit Joseph, the petitioner in the W.P.(C) No. 15579 of
2023, provisionally in the Sports Quota category. It appears that on the
strength of the interim order, the aforesaid Brijit Joseph was initially allotted
a seat in the Government Medical College, Thrissur. On appeal, the Division
Bench has held that Sri. Brijit Joseph was not entitled to secure a seat under
Priority No. 44 of Annexure XVIII(ii) of the Prospectus.
WP(C) No.31270/2023 3/5
4. The contention of the petitioner is that in view of the judgment
rendered by the Division Bench, the petitioner has become eligible for
allotment under the Sports Quota seat which was vacated by Sri. Brijit
Joseph.
5. The learned Government Pleader submitted that the
Prospectus of Admission issued by the authorities states that any student
who has been allotted a seat cannot raise a fresh claim for allotment later.
In the case on hand, the petitioner is stated to have been allotted a BDS
seat, thus disentitling her from seeking allotment. The seat vacated by the
petitioner in the earlier writ petition will thus be included in the stray
category seats.
6. I have considered the submissions advanced. It is on the
strength of the judgment rendered by the Division Bench that the petitioner
acquired a right for allotment of a seat under the Sports Quota category. If
that be the case, the mere fact that the petitioner, at an earlier stage,
exercised her option for the allotment of a BDS seat will not stand in the
way of the petitioner being granted the benefits of the judgment rendered
by the Division Bench.
WP(C) No.31270/2023 4/5
7. In that view of the matter, as an interim measure, there will be
a direction to the respondent to refrain from filling up one seat for the MBBS
course in the Government Medical College, Thrissur, which became vacant
pursuant to the directions issued by the Division Bench in W.A.No.
1532/2023.
Post on 25.9.2023.
sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
PS/23/9/23
23-09-2023 /True Copy/ Assistant Registrar
WP(C) No.31270/2023 5/5
APPENDIX OF WP(C) 31270/2023
Exhibit -P1 TRUE COPY OF THE INTERIM ORDER DATED 24.07.2023 IN
W.P.(C) NO. 15579 OF 2023 PASSED BY THIS HON'BLE COURT
23-09-2023 /True Copy/ Assistant Registrar
