Dr. Emy Maria Eloor vs The Union Of India
2023 Latest Caselaw 9421 Ker

WP(C) No.29077/2023                      1/3

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
             Friday, the 1st day of September 2023 / 10th Bhadra, 1945
                             WP(C) NO. 29077 OF 2023(H)
   PETITIONER:

          DR. EMY MARIA ELOOR, AGED 27 YEARS, D/O. MOTTY ELLORE, ELOOR HOUSE,
          KOLENCHERY P.O, PIN - 682311.

   RESPONDENTS:

      1. THE UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF HEALTH AND
         FAMILY WELFARE, NEW DELHI - 110011.
      2. THE DIRECTORATE GENERAL OF HEALTH SERVICES, MINISTRY OF HEALTH AND
         FAMILY WELFARE, NEW DELHI - 110011.
      3. MEDICAL COUNSELING COMMITTEE (MCC), MINISTRY OF HEALTH AND FAMILY
         WELFARE, NEW DELHI - 110011.
      4. NATIONAL INFORMATICS CENTRE A BLOCK, CGO COMPLEX, LODHI ROAD, NEW
         DELHI - 110003.


        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 direct the 3rd respondent to permit the petitioner to
   participate in the 2nd round of counseling by opening the choice filling
   option in the NEET PG Admission 2023, 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
   M/S. C.K.SHERIN & T.U.ZIYAD, Advocates for the petitioner and of DEPUTY
   SOLICITOR GENERAL OF INDIA for the respondents, the court passed the
   following:


                                                         p.t.o
 WP(C) No.29077/2023                            2/3




                                     VIJU ABRAHAM , J.
                          ===========================
                                 WP(C) No. 29077 of 2023
                         ============================
                         Dated this the 1st day of September, 2023

                                               ORDER

Admit.

2. The learned DSG takes notice for all the respondents.

3. Petitioner has approached this Court seeking a direction to

the 3rd respondent to permit the petitioner to participate in the second

round of counseling in the NEET PG Examination 2023. Petitioner

submits that in similar circumstance, the High Court of Andhra Pradesh

has issued similar directions as is evident from Exts P7 and P8.

A perusal of Ext P8 would reveal that such technical reasons

complained of by the petitioner was experienced by several other

candidates also. Therefore, in the circumstances above, I direct the 3 rd

respondent to ensure that the official portal, on which the options can

be exercised by the petitioner, be kept open on 02.09.2023 for which

requisite instructions be issued to the National Informatics Centre, after

intimating the petitioner so as to enable the petitioner to exercise her

option in the second counseling.

Sd/-

VIJU ABRAHAM JUDGE

sbk/-

        HANDOVER
01-09-2023                       /True Copy/                       Assistant Registrar
 WP(C) No.29077/2023                    3/3

                       APPENDIX OF WP(C) 29077/2023

Exhibit P7            A TRUE COPY OF THE INTERIM ORDER DATED 28.08.2023 IN WP
                      NO.22245/2023
Exhibit P8            A TRUE COPY OF THE JUDGMENT DATED 29.08.2023 IN WP NO.

22245/2023 OF HON'BLE ANDHRA PRADESH HIGH COURT

01-09-2023 /True Copy/ Assistant Registrar