Disposed

Dr.Radhika R., v. Union of India

Kerala HC13 Jul 2020WP(C)/12692/2020

Case brief

AI extract

What is this about?

The High Court of Kerala granted virtual mode admission to a petitioner studying abroad who faced quarantine delays. The court directed fee payment via representative and allowed physical reporting post-quarantine, distinguishing online verification as necessary during the pandemic.

What did the court decide?

Admission granted in virtual mode; fee to be paid on or before 16-07-2020; certificates to be produced by representative for verification.

Dr.Radhika R., Vs Union of India — Education and Admissions | Kerala HC (2020)

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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 A.M.SHAFFIQUE

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THE HONOURABLE MR. JUSTICE GOPINATH P.

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MONDAY, THE 13TH DAY OF JULY 2020 / 22ND ASHADHA, 1942 WP(C).No.12692 OF 2020(J)

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PETITIONER:

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DR.RADHIKA R., CURRENTLY RESIDING AT APARTMENT NO.307, BUILDING NO.87, DISCOVERY GARDENS, JABEL ALI, DUBAI, UAE-122002, REPRESENTED THROUGH HER MOTHER RUGMINI AMMA, AGED 66 YEARS, 75, CHAITHANYA, VADAKKEVILA, KOLLAM, KERALA - 691010.

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BY ADVS.

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SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.P.J.JOE PAUL SRI.MANU SRINATH

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RESPONDENTS:

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1 UNION OF INDIA REPRESENTED BY SECRETARY TO DEPARTMENT OF HEALTH AND FAMILY WELFARE, NIRMAN BHAWAN, MAULANA AZAD ROAD, RAJPATH AREA, CENTRAL SECRETARIAT, NEW DELHI - 110 011.

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2 THE DIRECTOR GENERAL OF HEALTH SERVICES MINISTRY OF HEALTH AND FAMILY WELFARE DEPARTMENT, NIRMAN BHAVAN, NEW DELHI-110 108 REPRESENTED THROUGH THE CHAIRMAN OF MEDICAL COUNSELLING COMMITTEE.

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3 COMMISSIONER FOR ENTRANCE EXAMINATIONS, 5TH FLOOR KSHB BUILDING, SS KOVIL ROAD., SANTHI NAGAR, THIRUVANANTHAPURAM, KERALA - 695 001.

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4 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM -695001.

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5 MEDICAL COUNCIL OF INDIA REPRESENTED BY ITS SECRETARY, POCKET-14, SECTOR - 8, DWARKA PHASE -1, NEW DELHI - 110 077.

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W.P (C) No.12692/2020

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6 NATIONAL BOARD OF EXAMINATIONS MEDICAL ENCLAVE, ANSARI NAGAR, RING ROAD, NEW DELHI- 110 029, REPRESENTED BY ITS PRESIDENT.

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7 ADDL.R7-TRAVANCORE MEDICAL COLLEGE, MYLAPORE, UMAYANALLOOR, THAZHUTHALA, KERALA,-691 020, REPRESENTED BY ITS PRINCIPAL.

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8 ADDL.R8-UNION OF INDIA, THROUGH FOREIGN SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA, 172 SOUTH BLOCK, JANPATH, DELHI-110001. (ADDL 7TH AND 8TH RESPONDENTS ARE IMPLEADING AS PER ORDER DATED 13.07.2020 IN IA NO. 1/2020)

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R1-2 BY ADV. SRI.JAISHANKAR V.NAIR R5 BY SRI.TITUS MANI VETTOM, SC, MEDICAL COUNCIL OF INDIA

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OTHER PRESENT:

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SRI. MANU.V. SR. G.P.,

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SRI. TONY GEORGE KANNANTHANAM FOR ADDL. R7

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.07.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P (C) No.12692/2020

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JUDGMENT

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Dated this the 13^th day of July 2020

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Shaffique, J:

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This writ petition has been filed by the petitioner seeking the following reliefs.

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“(i) Declare that physical report of the petitioner who is given allotment in the counselling process should not be insisted till her repatriation from abroad is possible, owing to the Covid-19 pandemic lockdown and consequential grounding of international passenger flights.

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(ii) declare that petitioner's inability to report physically and join at the medical college allotted to her during the non-operation of international passenger flights cannot lead to cancellation of her PG Medical seat;

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(iii) Issue a writ in the nature of mandamus, or any other appropriate writ, direction or order directing respondents 1 to 4 to not insist upon the physical reporting of the petitioner for taking admission in her allotted PG Medical seat till normal international passenger flight operations resume;

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(iv) Issue a writ in the nature of mandamus, or any other appropriate writ, direction or order directing respondents 1 to 4 to conduct further rounds of counselling in NEET PG Medical 2020 through online process also and to permit virtual admission till normal international passenger flight operations resume.”

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Learned counsel for the petitioner submits that the petitioner was abroad and would reach India today. However she has to remain under quarantine for fourteen days or such extended period as may be prescribed by the Health Authorities. She got admission to a Post Graduate course in Medicine and she is called upon to appear

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W.P (C) No.12692/2020

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in person at the college on or before 16-07-2020. Being under quarantine she will not be in a position to appear before the college authorities on or before 16-07-2020 for availing the admission. Learned Government Pleader after getting instructions submitted that the Director General of Health Services, Government of India has by notice dated 24-06-2020 permitted online reporting of candidates on a case to case basis, the genuineness of which, to be decided by the college authorities. Learned Government Pleader further submits that after the admission all the candidates will have to appear before the college authorities on or before 31-07-2020.

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We heard the learned counsel appearing on either side including learned counsel for the Medical Council of India.

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This is a peculiar situation which has been arisen in the matter relating to admission to various courses.

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There is no dispute about the fact that the petitioner got admission in the college managed by the additional 7^th respondent and she was called upon to appear on or before 16-07-2020. As per the directions issued by the Director General of Health Services, Government of India the admission could be completed even by virtual mode. However, the genuineness of such a claim has to be decided by the college authorities on a case to case basis. Learned counsel appearing for the college would submit that the petitioner can be admitted to the college on virtual mode. However she will have

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W.P (C) No.12692/2020

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to remit necessary fee and the certificates have to be produced for verification through a representative directly to the college. Having regard to the aforesaid submission, we are of the view that the writ petition can be disposed of by issuing the following directions;

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(i) The admission of the petitioner shall be made as undertaken by the additional 7^th respondent on virtual mode.

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(ii) The petitioner shall pay the fee on or before 16-07-2020 and shall also produce the certificates for verification before the college authorities on or before 16-07-2020 through a representative. On such verification once the admission is complete she shall not be entitled for counselling for any other colleges/course. If the period of quarantine is over it shall be open for the petitioner to appear physically before the college authorities on 31-07-2020. However if the quarantine is extended beyond 31-07-2020 she shall be permitted to join the college after the period of quarantine.

Sd/-

A.M.SHAFFIQUE

JUDGE

Sd/-

GOPINATH P.

JUDGE

AMG

W.P (C) No.12692/2020

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	A TRUE COPY THE VISA ISSUED BY UAE TO THE PETITIONER ISSUED TO HER BY HER EMPLOYER.
EXHIBIT P2	A TRUE COPY OF ONLINE SCORE CARD OF NEET PG 2020 RESULT ISSUED BY THE NATIONAL BOARD OF EXAMINATIONS TO THE PETITIONER.
EXHIBIT P3	A TRUE COPY OF THE NRI/OCI SPONSORSHIP CERTIFICATE ISSUED BY THE PETITIONER'S SISTER, ATTESTED BY NOTARY PUBLIC IN CANADA ALONG WITH THE OCI CERTIFICATE ISSUED TO THE PETITIONER'S SISTER BY THE CONSULATE GENERAL OF INDIA, TORONTO.
EXHIBIT P4	A TRUE COPY OF THE ONLINE VIRTUAL ADMISSION SLIP SHOWING ADMISSION AS WELL AS PAYMENT OF FEE OF RS.2 LAKHS BY THE PETITIONER.
EXHIBIT P5	A TRUE COPY OF NOTIFICATION NO. CEE/4900/PGM-2020/TA3 DATED 23/04/2020 ISSUED BY RESPONDENT NO.3.
EXHIBIT P6	A TRUE COPY OF THE NOTICE DATED 12/06/2020 ISSUED BY THE RESPONDENT NO.2.
EXHIBIT P7	A TRUE COPY OF NOTICE DATED 12/06/2020 ISSUED BY THE RESPONDENT NO.2 TO MEDICAL COLLEGES.
EXHIBIT P8	A TRUE COPY OF NOTICE DATED 13/06/2020 ISSUED BY THE RESPONDENT NO.2.
EXHIBIT P9	A TRUE COPY OF THE LETTER DATED 09/06/2020 ISSUED BY THE RESPONDENT NO.1 TO CHIEF SECRETARIES OF ALL STATES AND UTS.
EXHIBIT P10	A TRUE COPY OF THE SCREEN GRAB SHOWING THE CONFIRMATION OF REGISTRATION FOR REPATRIATION ISSUED BY MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA.
EXHIBIT P11	A TRUE COPY OF THE 2ND PHASE ALLOTMENT NOTIFICATION NO CEE/490/PGM-2020/TA3 DATED 8.7.2020 PUBLISHED BY THE RESPONDENT NO 3
EXHIBIT P12	A TRUE COPY OF THE 2ND PHASE ALLOTMENT MEMO SHOWING THE ALLOTMENT ALLOCATED TO THE PETITIONER
EXHIBIT P13	A TRUE COPY OF THE ORDER DATED 29.6.2020 UNDER SECTION 6 OF THE DISASTER MANAGEMENT ACT, 2005 ISSUED BY THE MINISTRY OF HOME AFFAIRS ALONG WITH THE RELEVANT PAGE OF THE GUIDELINES ISSUED THEREUNDER
EXHIBIT P14	A TRUE COPY OF THE LIST OF VANDE BHARAT MISSION-PHASE IV FLIGHTS FROM UAE TO KERALA IN THE MONTH OF JULY

Dr.Radhika R., v. Union of India

Case brief

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Dr.Radhika R., v. Union of India

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