Kerala High Court
Dennies Paul.L vs State Of Kerala on 20 May, 2025
Author: D. K. Singh
Bench: D. K. Singh
2025:KER:34504
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
TUESDAY, THE 20TH DAY OF MAY 2025 / 30TH VAISAKHA, 1947
WP(C) NO. 29792 OF 2024
PETITIONER:
DENNIES PAUL.L,
AGED 40 YEARS
S/O. LOURDA SWAMY, SORAPARA, KOZHIPARA, PALALKKAD,
PIN - 678557
BY ADV BALAGANGADARAN UNIKKAT
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, HEALTH AND FAMILY
WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 THE DIRECTOR OF MEDICAL EDUCATION,
DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE
(PO), THIRUVANANTHAPURAM, PIN - 695011
3 THE COMMISSIONER FOR ENTRANCE EXAMINATION
KERALA, OFFICE OF THE COMMISSIONER FOR ENTRANCE
EXAMINATIONS, 5TH FLOOR, HOUSING BOARD BUILDING,
SHANTHI NAGAR, THIRUVANANTHAPURAM, PIN - 695001
4 FAIZAL.P.P,
NURSING OFFICER, NMCH, MEDICAL COLLEGE. P.O,
KOZHIKODE, PIN - 673008
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
M.G.SREEJITH
SRI.P.G.PRAMOD, GOVERNMENT PLEADER(GP-50)
ABDUL JALEEL ONATH(K/739/1999)
VIDYAJITH M.(K/000174/2019)
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2
WP(C) NO. 29792 OF 2024
BINCY JOSE(K/001070/2021)
ROJIN DEVASSY(K/1581/2022)
JYOTHISH P.(K/515/2024)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.05.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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3
WP(C) NO. 29792 OF 2024
D.K.SINGH, J
----------------------------------------
W.P.(C) No.29792 of 2024
--------------------------------------------
Dated this the 20th day of May, 2025
JUDGMENT
The petitioner, working as Nursing Officer Gr.I at District
Hospital, Palakkad, had applied for and appeared in the National
Eligibility cum Entrance Test (NEET), 2024, for admission to the MBBS
course, which includes one seat reserved for Nursing Staff of the State
Government in regular service. The petitioner secured a rank of 19109
in the State Level exam, whereas the 4 th respondent secured a rank of
20126. Thus, from the rank list, it is evident that the petitioner is higher
in rank than the 4th respondent. Despite this, the 4 th respondent was
admitted to the MBBS course at a government college against the seat
reserved for Government Regular Nursing Staff and the petitioner was
denied admission.
2. The learned Government Pleader submits that, as per
the prospectus for admission to Professional Degree Courses, 2024, the
priority for one seat under the Nurse-Allopathy (NQ) is to be made in
order of priority; a) Nursing Officer with B.Sc Nursing qualification, b)
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WP(C) NO. 29792 OF 2024
Nursing Officer with General Nursing and Midwifery qualification, and c)
Junior Public Health Nurse candidates. The submission is that the 4 th
respondent, being a Nursing Officer with B.Sc. Nursing qualification, was
given preference over the petitioner, ignoring the petitioner's merit.
3. This Court finds this submission strange. The order of
priority has been implemented over the merit of the candidates. The
order of priority will come into play only when candidates have secured
the equal ranks. Where a candidate has secured a higher rank in this
category, the order of priority will not apply. The respondents have
applied the order of priority before the merit which is totally unjustified
and arbitrary. Merit cannot be ignored when the seat is reserved for
nursing staff, and if two or more nursing staffs have secured the same
rank, the order of priority is to be implemented and not otherwise. Order
of priority should be implemented when two candidates have secured
same ranks and not different ranks.
Thus, I am of the view that the denial of admission to the MBBS
Course to the petitioner, pursuant to the NEET examination, 2024,
against the seat reserved for Government Regular Nursing Staff, is
totally unjustified, illegal and arbitrary. Therefore, the respondents are
directed to admit the writ petitioner to the MBBS course against a seat
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WP(C) NO. 29792 OF 2024
that may be vacant in respect of 2024 NEET examination and if no such
seat is vacant, create a supernumerary seat to admit the petitioner and
allow him to take up the study of the second semester onwards.
However, the petitioner is liable to pay the entire fees for both semesters.
With the aforesaid direction, the present writ petition stands allowed.
Sd/-
D.K.SINGH
JUDGE
STB
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WP(C) NO. 29792 OF 2024
APPENDIX OF WP(C) 29792/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SERVICE CERTIFICATE DATED
06.04.2024 OF THE PETITIONER
Exhibit P2 TRUE COPY OF THE RELEVANT PORTION OF THE
PROSPECTUS
Exhibit P3 TRUE COPY OF THE RANK LIST FOR NURSING
QUOTA FOR THE YEAR 2023
Exhibit P4 TRUE COPY OF THE CATEGORIZED LIST FOR
NURSING QUOTA FOR THE YEAR 2024
Exhibit P5 TRUE COPY OF THE FINAL RANK LIST
Exhibit P6 A TRUE COPY OF THE REPLY LETTER NO.
CEE/604/2024-A1 ISSUED BY THE PUBLIC
INFORMATION OFFICER TO THE PETITIONER
DATED 26.9.2024
Exhibit P7 A TRUE COPY OF THE ORDER ISSUED BY P.I.O.
IN THE OFFICE OF THE THIRD RESPONDENT
DATED 25.9.2024
Exhibit P8 A TRUE COPY OF THE ORDER NO.
E.S3/6621/2022/H&FWD ISSUED BY THE
ADDITIONAL DIRECTOR UNDER DHS ALONG WITH
SENIORITY LIST
Exhibit P9 A TRUE COPY OF THE G.O. (RT) NO.
652/2025/H&FWD DATED 05.03.2025 ISSUED BY
THE HEALTH & FAMILY WELFARE (S) DEPARTMENT
