Two writ petitions seeking direction to open NEET 2020 application portal for NRI quota late. Court held it unjustified to direct reopening of portal after specified timelines for application and document submission were over and dismissed both petitions.
Petitioner's prayer to allow fresh application under NRI quota after the deadline was not granted.
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 A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 28TH DAY OF OCTOBER 2020 / 6TH KARTHIKA, 1942
WP(C).No.23023 OF 2020(C)
PETITIONER:
AVANTIKA RAJEEV AGED 18 YEARS D/O.RAJEEV C.K., VA 117, SREEVASTA GARDENS, METTUPALAYAM ROAD, THUDIYALUR, COIMBATORE, TAMIL NADU-641 034
BY ADVS. SRI.T.B.HOOD SHRI.JAYKAR.K.S. SMT.M.ISHA
RESPONDENTS:
1 STATE OF KERALA REP.BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE (S) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001
2 COMMISSIONER FOR ENTRANCE EXAMINATIONS HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001
G.P. - SMT . RAJI. T. BHASKAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.10.2020, ALONG WITH WP(C).23067/2020(G), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
WP(C).No.23023 & 23067 OF 2020(C)
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 28TH DAY OF OCTOBER 2020 / 6TH KARTHIKA, 1942
WP(C).No.23067 OF 2020(G)
PETITIONER:
ASIYA BAIJU MUHAMMED AGED 19 YEARS D/O. MUHAMMED HANIFA BAIJU, BAIJU MANZIL, KANNANKODE, KARUKONE, ANCHAL P.O, KOLLAM DISTRICT-691 306
BY ADVS. SRI.S.ABHILASH SRI.K.SIJU SMT.S.REKHA KUMARI SMT.S.SEETHA SMT.ANJANA KANNATH
RESPONDENTS:
2 THE COMMISSIONER OF ENTRANCE EXAMINATION, OFFICE OF THE COMMISSIONERATE OF ENTRANCE EXAMINATIONS, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001
SMT. RAJI. T. BHASKAR- G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.10.2020, ALONG WITH WP(C).23023/2020(C), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3 WP(C).No.23023 & 23067 OF 2020(C)
JUDGMENT
[ WP(C).23023/2020, WP(C).23067/2020 ] Dated this the 28th day of October 2020
A.M.SHAFFIQUE,J.
These writ petitions have been filed by
persons, who did not apply under the NRI quota.
Their contention is that, once the NEET results are published, they should be permitted to apply
under the NRI quota. It is not in dispute that
the time for submission of application and
production of the relevant documents under the NRI quota is over on 14.10.2020.
petitioners would submit that persons from
outside Kerala were permitted to apply under NRI
quota as per directions issued by the Apex Court. Apparently, petitioners do not fall under the said category. If the petitioners want any
4 WP(C).No.23023 & 23067 OF 2020(C)
relaxation to apply under the NRI quota, it is
for the Government to decide such issues.
circumstances, we do not think that we will be
justified in directing opening up the portal to
enable some of the students who have not applied
within the specified time to submit fresh
application under the NRI quota.
These writ petitions are therefore,
dismissed.
Sd/-
A.M.SHAFFIQUE
JUDGE
Sd/-
GOPINATH P.
JUDGE
hmh
5
WP(C).No.23023 & 23067 OF 2020(C)
APPENDIX OF WP(C) 23023/2020
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 TRUE COPY OF THE NATIONAL ELIGIBILITY CUM ENTRANCE TEST (UG) 2020 SCORE CARD OF THE PETITIONER |
|---|
| EXHIBIT P2 TRUE COPY OF THE CONFIRMATION PAGE DOWNLOADED FROM THE WEBSITE OF THE 2ND RESPONDENT IN RESPECT OF THE ONLINE APPLICATION SUBMITTED BY THE PETITIONER |
| EXHIBIT P3 TRUE COPY OF THE NATIVITY CERTIFICATE DATED 12.12.2019 ISSUED TO THE PETITIONER BY THE VILLAGE OFFICER, NELLIKODE, KOZHIKODE DISTRICT |
| EXHIBIT P4 TRUE COPY OF THE NOTIFICATION DATED 14.9.2020 ISSUED BY THE 2ND RESPONDENT |
| EXHIBIT P5 TRUE COPY OF THE NOTIFICATION DATED 28.9.2020 ISSUED BY THE 2ND RESPONDENT |
| EXHIBIT P6 TRUE COPY OF THE RELATIONSHIP CERTIFICATE DATED 23.10.2020 ISSUED BY THE VILLAGE OFFICER, NELLIKODE |
| EXHIBIT P7 TRUE COPY OF THE CERTIFICATE DATED 23.10.2020 ISSUED BY THE INDIAN HIGH COMMISSIONER, WELLINGTON, NEW ZEALAND |
| EXHIBIT P8 TRUE COPY OF THE RELEVANT PAGE OF THE PASSPORT OF SRI.ADHARSH GANDADHARAN |
| EXHIBIT P9 TRUE COPY OF THE WORK VISA OF SRI.ADHARSH GANDADHARAN. |
| EXHIBIT P10 TRUE COPY OF THE ORDER PASSED BY THE HON'BLE SUPREME COURT ON 12.7.2019 IN I.A.NO.95861/2019 IN WRIT PETITION(C) NO.380/2019 |
| EXHIBIT P11 TRUE COPY OF THE ORDER PASSED BY THE HON'BLE SUPREME COURT ON 11.9.2020 IN I.A.NO.95861/2019 IN WRIT PETITION(C) NO.380/2019 AND CONNECTED CASES RESPONDENT'S/S EXHIBITS: NIL |
6 WP(C).No.23023 & 23067 OF 2020(C)
APPENDIX OF WP(C) 23067/2020
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | A TRUE COPY OF THE SCORE CARD DOWNLOADED FROM THE WEBSITE OF THE NATIONAL TESTING AGENCY. |
|---|---|
| EXHIBIT P2 | A TRUE COPY OF THE APPLICATION SUBMITTED TO THE 3RD RESPONDENT CEE, KERALA. |
| EXHIBIT P3 | A TRUE COPY OF THE PRESS RELEASE DATED 24.9.2020 ISSUED BY THE 2ND RESPONDENT. |
| EXHIBIT P4 | A TRUE COPY OF THE SWORN AFFIDAVIT ALONG WITH PASSPORT AND VISA ATTESTED BY THE ASST. CONSULAR OFFICER, EMBASSY OF INDIA, ABUDABI, UAE, DATED 20.10.2020 |
| EXHIBIT P5 | A TRUE COPY OF THE CERTIFICATE STATING THAT THE PETITIONER'S FATHER IS A NON RESIDENT INDIAN ISSUED BY THE ASST. CONSULAR OFFICER EMBASSY OF INDIA, ABUDABI, UAE DATED 21.10.2020. |
| EXHIBIT P6 | A TRUE COPY OF THE NOTIFICATION ISSUED BY THE 2ND RESPONDENT EXTENDING THE TIME LIMIT FOR UPLOADING NRI CERTIFICATES DATED 28.9.2020. |
| EXHIBIT P7 | A TRUE COPY OF THE PRESCRIPTION REGARDING THE PETITIONER'S AILMENT DATED 9.10.2020. |
| EXHIBIT P8 | A TRUE COPY OF THE REPRESENTATION DATED 20.10.2020 SUBMITTED TO THE 2ND RESPONDENT. |
| EXHIBIT P9 | A TRUE COPY OF THE NOTICE DATED 20.10.2020 ISSUED BY THE MEDICAL COUNSELING COMMITTEE, GOVT. OF INDIA, DIRECTORATE GENERAL OF HEALTH SERVICES, NIRMAN BHAVAN, NEW DELHI. |
RESPONDENT'S/S EXHIBITS: NIL
3 issues framed by the court
whether the High Court can direct opening up of the NEET 2020 NRI quota portal after the specified deadline for application submission
whether petitioners who did not apply under NRI quota can be permitted to do so after the cut-off date
whether relaxation to apply under NRI quota is for the Government to decide
AVANTIKA RAJEEV AGED 18 YEARS
ASIYA BAIJU MUHAMMED AGED 19 YEARS
STATE OF KERALA REP. BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT
COMMISSIONER FOR ENTRANCE EXAMINATIONS
NATIONAL TESTING AGENCY
A.M. SHAFFIQUE
GOPINATH P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
