Dismissed

Shabana S v. Commissioner of Entrance Examination

Kerala HC2 Dec 2019WP(C)/32079/2019

Case brief

AI extract

What is this about?

This writ petition challenged the rejection of an application for a vacant MBBS seat created by a deceased student. The High Court dismissed the petition, holding that the admission round was completed before the vacancy arose and the petitioner's rank was too low.

What did the court decide?

The writ petition was dismissed; the direction to allot the seat was not granted.

Shabana S Vs Commissioner of Entrance Examination — Education and Admissions | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM

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THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

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MONDAY, THE 02ND DAY OF DECEMBER 2019 / 11TH AGRAHAYANA, 1941

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WP(C).No.32079 OF 2019(H)

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PETITIONER/S:

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SHABANA S, AGED 20 YEARS, D/O.KUNJUMON A, PADAVALLIYATHU AISHA HOUSE, KARUVATTA, ALAPPUZHA, KARTHIKAPPALLY, KERALA - 690517.

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BY ADVS. SRI.P.GOPINATH (SR.) SRI.M.GOPIKRISHNAN NAMBIAR SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM SMT.K.PARVATHY

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RESPONDENTS :

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1 COMMISSIONER OF ENTRANCE EXAMINATION, HOUSE BOARD BUILDING, SHANTI NAGAR, THIRUVANANTHAPURAM-695001.

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2 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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3 AZEEZIA INSTITUTE OF MEDICAL SCIENCES AND RESEARCH MEEYYANNOOR P.O., KOLLAM-691537.

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OTHER PRESENT:

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SR.GP-SRI.V.MANU

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.32079 OF 2019(H)

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C.K.ABDUL REHIM & T.V.ANILKUMAR, JJ.

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=============================== W.P.(C)No.32079 of 2019

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===============================

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Dated this the 2^nd day of December, 2019

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JUDGMENT

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C.K.Abdul Rehim, J.

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This writ petition is filed challenging Ext.P4 order, through which the I^st respondent had rejected an application submitted by the petitioner requesting for consideration of her name for admission to the MBBS course in the 3^rd respondent-institution, against a vacancy which arose at that institution on account of the death of a student named Ms.Nehala K, who got admission there in the quota reserved for Muslim Minority Community. The student, Nehala K. passed away on 24.09.2019 and the petitioner herein submitted Ext.P3 request to the I^st respondent on 29.10.2019, pointing out that her position in the Rank List prepared for the medical admission of the current year is No.13572. The petitioner requested the I^st respondent to treat that letter as the option exercised by her to join the 3^rd respondent college. In Ext.P4, the I^st respondent replied that, the ranking position

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WP(C).No.32079 OF 2019(H)

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of the lowest student who joined the 3^rd respondent college was 7299 (the learned Government Pleader corrects it as 8099) and since the petitioner's rank is only 13572, she cannot be considered for admission in the vacancy arose because of the death of the student who already joined. In this writ petition, the petitioner seeks direction to quash Ext.P4 and to direct the I^st respondent to allot the petitioner's name for admission to the MBBS seat lying vacant in the 3^rd respondent-college.

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Heard; learned Government Pleader appearing on behalf of respondents 1 and 2.

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It is pointed out that, the schedule of various stages in the admission process in professional colleges are now fixed on the basis of the norms stipulated by the Honourable Supreme Court in the decision in Priya Gupta v. State of Chhattisgarh and others [(2012) 7 Supreme Court Cases 433] , which followed an earlier decision of the Apex Court in Mridul Dhar and another v. Union of India and others [(2005) 2 Supreme Court Cases 65] . Accordingly, the Medical Council of India had fixed the last date for admission to the MBBS course during the academic year 2019-2020, as 18.08.2019. The date was thereafter

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WP(C).No.32079 OF 2019(H)

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extended up to 31.08.2019, because of the dispute existed with respect to the quota earmarked for ESI in the All India Counselling. On the basis of the extended date fixed, the I^st

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respondent had conducted mop-up counselling up to 30.08.2019, in order to fill up any resultant seats which remained vacant. The whole admission process was completed on 31^st August, 2019. Going by dictum contained in the above cited decisions of the Honourable Supreme Court, no authority dealing with the admission process, including the Medical Council of India are entitled to extend the last date for admission beyond the date stipulated. Therefore, it is pointed out that, the request made by the petitioner cannot be considered at this point of time. It is pointed out that the student who already joined in the seat died only on 24.09.2019, much after the cut-off date of 31^st August, 2019. Therefore, the Honourable Supreme Court alone has got power to extend the last date of admission and it is pointed out that, neither the I^st respondent nor the MCI, nor even this court cannot issue any direction for admitting the petitioner.

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Further, learned Government Pleader pointed out that, the last student admitted in 3^rd respondent institution

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WP(C).No.32079 OF 2019(H)

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under Muslim quota was having ranking position of 8099. Whereas, the ranking position of the petitioner is only 13572. There are about 1148 Muslim candidates available in the rank list above the rank of the petitioner. Therefore, even if there is any possibility to make further admissions to the 3^rd respondent institution, there is no chance of the petitioner being selected, is the submission.

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We are of the considered opinion that both the reasons mentioned by the learned Government Pleader will stand in the way of issuing any direction to the I^st respondent to allot the seat which became vacant in the 3^rd respondentcollege to the petitioner. Hence, the relief sought for cannot be acceded to.

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Consequently, the above writ petition fails and the same is hereby dismissed.

Sd/-

C.K.ABDUL REHIM

JUDGE

Sd/-

T.V.ANILKUMAR

JUDGE

rkj

WP(C).No.32079 OF 2019(H)

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APPENDIX

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PETITIONER'S/S EXHIBITS

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EXHIBIT P1 : A TRUE COPY OF THE NON-CREAMY LAYER CERTIFICATE DATED 12.02.2019 ISSUED BY THE 2ND RESPONDENT CERTIFYING THAT THE PETITIONER BELONGS TO A MUSLIM MINORITY COMMUNITY.

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EXHIBIT P2 : A TRUE COPY OF THE CANDIDATE' DATA SHEET ISSUED BY THE 2ND RESPONDENT, WHICH SPECIFIES THE STATE MEDICAL RANK OF THE PETITIONER.

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EXHIBIT P3 : A TRUE COPY OF THE LETTER DATED 29.10.2019 FROM THE PETITIONER TO THE 1ST RESPONDENT. EXHIBIT P4 : A TRUE COPY OF THE LETTER DATED 05.11.2019 FROM THE 1ST RESPONDENT.

Shabana S v. Commissioner of Entrance Examination

Case brief

What is this about?

What did the court decide?

Shabana S v. Commissioner of Entrance Examination

Case brief

What is this about?

What did the court decide?

What the court decided

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