Petitioner challenged his eligibility for OBC reserved category admission to MBBS. Court observed that pending NRI quota application made to respondents 4-9 rendered the writ petition moot. Petition disposed summarily without considering merits pending that application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 23RD DAY OF SEPTEMBER 2016/1ST ASWINA, 1938
WP(C).No. 28248 of 2016 (E)
PETITIONER :
SHAROOQ MOHAMMED,AGED 19 YEARS, CBSE- NEET (ROLL NO.83308545), S/O ADV A. SHANAVAS, KUTTIYIL VEEDU, MANAKKA, SASTHAMCOTTA P.O, PIN -690 521.
BY ADV. SRI.K.G.ANIL BABU
RESPONDENT(S):
1. CENTRAL BOARD OF SECONDARY EDUCATION, GOVERNMENT OF INDIA, REPRESENTED BY ITS CHAIRMAN, SHIKSHA SADAN, 17, ROUSE AVENUE, NEW DELHI -110 002.
*THE NAME OF THE SECOND RESPONDENT CORRECTED AS COMMISSIONER FOR ENTRANCE EXAMINATION, KERALA, 4TH FLOOR, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001
*AS PER ORDER DATED 8/9/2016 IN IA.NO.14520/2016.
*ADDL.R3 TO R9 IMPLEADED
*R3: THE MEDICAL COUNCIL OF INDIA, MCI BUILDING, POCKET 14, SECTOR 8, DWARAKA, PHASE 1, NEW DELHI-110 077
2/-
-2-
WP(C).NO.28248/2016
*R9: K.S.HEGDE MEDICAL ACADAMY, P.O. DERALAKATTE, MANGALURU-575 018
*ADDL.R3 TO R9 ARE IMPLEADED AS PER ORDER DATED 8/9/2016 IN IA.NO.14552/2016.
R1 BY SRI.K.M.ANEESH, SC, C.B.S.E. SRI.ADARSH KUMAR, SC, C.B.S.E. R2 BY SPL.GOVERNMENT PLEADER SRI.P.SANTHOSHKUMAR ADDL.R3 BY ADV. SRI.TITUS MANI VETTOM, SC,
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-09-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).No. 28248 of 2016 (E)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE CHAIRMAN OF THE 1ST RESPONDENT DATED 20-08-2016
EXHIBIT P2 THE TRUE COPY OF THE CASTE AND NON CREAMY LAYER CERTIFICATE DATED 24-01-2015.
EXHIBIT P3 TRUE COPY OF THE ELIGIBILITY AND QUALIFICATION PUBLISHED BY THE 1ST RESPONDENT
EXHIBIT P4 COPY OF THE RESULT SHEET
RESPONDENT(S)' EXHIBITS:
NIL
/TRUE COPY/
P.A.TO JUDGE
sts
SHAJI P. CHALY, J
W.P.(C)NO.28248 OF 2016
Dated this the 23rd day of September, 2016
J U D G M E N T
This writ petition is filed by the petitioner seeking a direction to the respondents to declare that the petitioner is eligible or qualified for admission to MBBS course during the year 2016-2017, pursuant to NEET examination Phase II 2016, under OBC, reserved category of SEBC. However, today when the matter is taken up, learned counsel for the petitioner submitted that, petitioner has already made an application to respondents 4 to 9 under the NRI quota and the said application is pending consideration. In that view of the matter and the subsequent developments took place after the filing of the writ petition, I am of the considered opinion that, for the present nothing to be considered in this writ petition on merits. Therefore, leaving open the liberty of the petitioner to challenge the issues raised in this writ petition, this writ petition is disposed of, directing the
W.P.(C)NO.28248 OF 2016 2
respondents 4 to 9 to take a decision on the
application allegedly submitted by the petitioner in the NRI quota, at the earliest by placing the matter before the Admission Supervisory Committee headed by Retired Justice J.M.James. It is made clear, application would be considered by the committee absolutely on merits.
Writ petition is disposed of accordingly.
sd/-
SHAJI P. CHALY, JUDGE
R.AV
H/o
SHAROOQ MOHAMMED
CENTRAL BOARD OF SECONDARY EDUCATION
THE CONTROLLER OF EXAMINATION
THE MEDICAL COUNCIL OF INDIA
AL-AZHAR MEDICAL COLLEGE
TRAVANCORE MEDICAL COLLEGE
SHAJI P. CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
