Kerala High Court
Hakeem Zakiuddin Ahmed vs Union Of India on 8 November, 2024
WA NO. 1791 OF 2024 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
WA NO. 1791 OF 2024
[AGAINST THE JUDGMENT DATED 04.11.2024 IN WP(C) NO.38837/2024
OF HIGH COURT OF KERALA]
APPELLANTS/PETITIONERS:
1 HAKEEM ZAKIUDDIN AHMED,
AGED 20 YEARS, S/O. MOHAMMED ARIFULLAH, NO.30/1,
JAINAGAR COLONY, ANGALLUMAN KOIL STREET PATTALAM,
CHENNAI (NEET SCORE 150), PIN - 600012.
2 THANIJA A.R., AGED 20 YEARS,
D/O. C. RAJENDRAN, THANIMA NIVAS, PERAYAM, MULAVAN
P.O., KUNDARA, KOLLAM (NEET SCORE 286), PIN - 691503.
3 RIDUVARSHINI S.B., AGED 19 YEARS,
D/O. SELVARAJ, 48, MARRIYAMMAN KOVIL STREET,
PARAMASIVAM PALAYAM, PALLAPALAYAM P.O., SAMALAPURAM,
MANGALAM VIA, SOMMANUR, TIRUPUR DISTRICT, TAMIL NADU,
(NEET SCORE 144), PIN - 641663.
4 R. THARSINI, AGED 18 YEARS,
D/O. E. RAMESH, 5/34, AGRAHARAM MELA STREET,
ANAIKUPPAM P.O., NANNILAM (TK), THIRUVARUR DISTRICT,
TAMILNADU STATE (NEET SCORE 163), PIN - 610105
BY ADVS. SRI. N.ANAND
SRI. RAJESH O.N.
SRI. ROY ANTONY
RESPONDENTS/RESPONDENTS:
1 UNION OF INDIA,
MINISTRY OF AYUSH, AYUSH BHAWAN, 'B' BLOCK,
GPO COMPLEX, INA, NEW DELHI,
REPRESENTED BY THE SECRETARY, PIN - 110023.
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2 THE NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE
MINISTRY OF AYUSH, GOVERNMENT OF INDIA,
PLOT NO. T-19, 1ST AND 2ND FLOOR, BLOCK IV,
DHANWANTARI BHAWAN ROAD, NO. 66, PUNJABI BAGH (WEST),
NEW DELHI REPRESENTED BY THE SECRETARY, PIN - 110026
3 AYUSH ADMISSIONS CENTRAL COUNSELLING COMMITTEE
(AACCC), MINISTRY OF AYUSH, AYUSH BHAWAN, 'B' BLOCK,
GPO COMPLEX, INA, NEW DELHI REPRESENTED BY THE
SECRETARY, PIN - 110023
4 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF HEALTH AND FAMILY WELFARE,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
5 THE SECRETARY, DEPARTMENT OF AYUSH,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
6 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS
OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATIONS,
7TH FLOOR, KSRTC BUS TERMINAL COMPLEX, THAMPANOOR,
THIRUVANANTHAPURAM, PIN - 695001.
7 THE KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE P.O., MULANKUNNATHUKAVU, THRISSUR,
REPRESENTED BY THE REGISTRAR, PIN - 680596
8 KERALA STATE INDIAN SYSTEM OF MEDICINE SELF-FINANCING
COLLEGE MANAGEMENT ASSOCIATION (KISMA)
REG. NO. CA 444/11, REGD. OFFICE:
PNNM AYURVEDA MEDICAL COLLEGE, CHERUTHURUTHY,
SHORANUR P.O., PALAKKAD DISTRICT,
REPRESENTED BY THE SECRETARY, PIN - 679531.
BY ADV. SRI. M.S. KIRAN, SC
BY SENIOR GOVT. PEADER SRI. V. TEKCHAND,
BY ADV. SRI. ATHUL ROY.
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
08.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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NITIN JAMDAR, C.J.
&
S.MANU, J.
--------------------------------------------------
W.A.No.1791 of 2024
-------------------------------------------------
Dated this the 08th day of November, 2024
JUDGMENT
S.MANU, J.
Appellants, aspiring for admission to Ayush degree courses, are
the Petitioners in W.P.(C)No.38837 of 2024. Writ Petition was filed
seeking the following reliefs:
i. Issue a writ of certiorari or any other appropriate
writ, order or direction quashing the stipulation of
eligibility in Ext. P4 as it cannot be applied for
BAMS/BSMS/BUMS courses.
ii. Issue a writ, order or direction declaring that the
admissions for BAMS/BSMS/BUMS courses in self
financing institutions can be made without insisting on
the domicile restriction in Ext. P2 that run contrary to
Ext.P3.
iii. Issue a writ of mandamus or any other appropriate
Writ, Order or direction directing the 6th respondent
to invite fresh applications and allot unfilled seats of
BAMS/BSMS/BUMS course following Ext.P3.
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iv Dispense with the need of producing English-
translated copies of documents in vernacular.
v. To grant such other relief's as this Honourable Court
may deem fit in the circumstances of this case"
2. The learned Single Judge dismissed the Writ Petition following
Ext.P5 judgment in W.P.(C)No.33768 of 2024.
3. Appellants submit that they desire to study BAMS/BSMS/BUMS
courses in Kerala and they have qualified in the National Eligibility
Cum Entrance Test (NEET) - UG this year. Their grievance is that the
State of Kerala in its prospectus for admission to professional degree
courses issued in March, 2024 categorized students based on domicile
in three different categories:- Keralite, Non-Keralite Category I (NKI),
and Non-Keralite Category II (NK II). As per the conditions of the
prospectus, Non-Keralite students can apply for admission only for
15% of seats. According to the Appellants, this restriction is
contradictory to the guidelines issued by the National Commission for
Indian System of Medicine on 22 August 2024.
4. Since the contention of the Appellants is mainly relying on
Ext.P3 guidelines issued by the National Commission on 22 August
2024, we find it necessary to refer to the relevant clauses of Ext.P3.
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Clauses 3 and 4 of Ext.P3 are extracted hereunder:
"3. In case of 85% of State/UT quota, the seat matrix
for Government Quota, Management Quota, NRI
quota etc., shall be as per respective State and UT
policy; however, all admissions in all quotas (except
foreign nationals) shall be through counseling
conducted by State/UT counseling authority.
4. The Management seats under the State/UT Quota
in Private Institutions shall be treated as domicile-
free."
Clause 11 is also relevant which reads thus:-
"11. In case of 85% of State/UT Quota, the seat matrix
for Government Quota, Management Quota, NRI
Quota etc., shall be as per respective State and UT policy,
however, all admissions in all quotas (except foreign
nationals) shall be through online counseling conducted
by State/UT counseling authority."
From Clause 3, it can be seen that 85% of the seats allocated as
State/UT quota, includes Government quota, Management quota, NRI
quota etc., and the same shall be as per the policy of the respective State
or Union Territory. 15% of the seats in all institutions are reserved for
All India quota as stated in Clause 2. Clause 4 makes it clear that
Management seats under the State/UT quota in private institutions
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shall be treated as domicile-free. All admissions in the seats falling
within the 85% quota shall be through online counseling conducted by
the State/UT Counseling Authority.
5. According to the Appellants, in view of Clause 4 of Ext.P3
directives issued by the 2nd Respondent - Commission, the State
Counseling Authority is bound to grant admissions against all seats
within the 85% quota in a domicile free manner. This is disputed by
the State Authorities. The Commission has left it to be for the decision
of the State/UT Government as to how the seats in 85% of the
State/UT quota shall be filled through counseling. On a reading of the
relevant clauses of Ext.P3, we are of the view that the 2 nd Respondent -
Commission has contemplated domicile-free admissions specifically,
only with respect to the management seats under the State/UT quota in
private institutions.
6. The learned Single Judge considered the same contention in
Ext.P5 Judgment. The said writ petition was filed by an Association of
College Managements and also two colleges. After referring to various
clauses of the guidelines issued by the National Commission, the
learned Single Judge came to the conclusion that the management seats
referred to in Clause 4 of the directives issued by the National
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Commission could not be understood to mean the entire 85% seats set
apart as State quota. Therefore, the learned Single Judge rejected the
contention of the managements that admissions against all seats
coming under the 85% quota shall be domicile-free.
7. We do not find any material produced by the Appellants or
referred to by the learned Senior Government Pleader showing the
percentage of seats set apart as management quota. We find that there
is lack of clarity on this aspect on perusal of records of this case.
However, we note that the learned Single Judge has made reference to
paragraph 7 of the Counter Affidavit filed by the Commissioner for
Entrance Examinations in W.P.(C)No.33768 of 2024, wherein, it was
mentioned that the Government had taken a decision to have a
management quota of 15% of the total seats in Private/Self Financing
institutions. The learned Single Judge has also noted that the
Commissioner further stated that the Government had decided to
conduct allotment to the said 15% of seats by following the directives
of the National Commission for Indian System of Medicine. Therefore,
it appears that the percentage of management quota to which, Clause 4
of Ext.P3 directives may apply has been determined as 15% by the
Government.
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8. We note from Ext.P3 directives of the National Commission that
the Commission has laid down counseling schedule to be followed by
Central/State/UT Authorities. As per the said schedule, allotment
process for the Stray Vacancy Round (SVR-I) is scheduled on 11
November 2024 and the last date for joining is fixed as 18 November
2024. The cut-off date for admission for UG courses is 25 November
2024. We are conscious that interference by Courts in the admission
process in the final stages may lead to undesirable consequences. It
may lead to difficulties for the authorities, students and institutions.
Therefore, the Court shall be loath in interfering with the admission
process, especially when it is at an advanced stage.
9. The learned Senior Government Pleader on instructions
submitted that the concerned Authority has reported that the
applications of Appellants 1, 3 and 4 were found defective as on 4
November 2024. It is also pointed out that the 3 rd Appellant is not
qualified as she has scored only 45 percentile in NEET UG
examinations. It is also submitted by the learned Senior Government
Pleader that the 2nd Appellant is a Keralite and therefore, in her case,
the issue of domicile may not be relevant.
10. Taking note of the facts and circumstances of this case, we are of
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the view that it is unnecessary to pronounce upon the contention raised
in this appeal as majority of the seats have been filled and the
counseling process is coming to an end shortly. We also take note of the
submission of the learned Senior Government Pleader that the
applications of the Appellants 1, 3 and 4 were defective and as far as
the 2nd Appellant is concerned, the issue of domicile may not be
relevant. Therefore, we dispose of this appeal by directing the 6 th
Respondent to consider individual cases of the Appellants and to
permit them to join the allotment process in the impending round, if
they are eligible as per the conditions of the directives issued by the
National Commission for Indian System of Medicine and the
prospectus issued by the Government of Kerala.
11. This appeal is disposed of as above. We make it clear that we have
not entered upon the merits of the case as the admission process is at a
highly belated stage. Contentions on merits are left open.
Sd/-
NITIN JAMDAR
CHIEF JUSTICE
Sd/-
S.MANU
JUDGE
rp //TRUE COPY// P.A. TO JUDGE
