Disposed

Kerala Private Medical College Managements Association v. State of Kerala

Kerala HC8 Dec 2020WP(C)/26757/2020

Case brief

AI extract

What is this about?

The Court disposed of this writ petition by clarifying that candidates in the Non-Keralite Category-II applying without domicile certificates are eligible for admission allotment. The judgment directed the Government to consider extending the registration time for fresh applications regarding unfilled NRI quota seats before the mop-up counselling.

What did the court decide?

Candidates applying without domicile certificates under NK-II category are entitled to participate in allotment; Government to consider extending time for fresh registration for unfilled NRI seats.

Kerala Private Medical College Managements… — 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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TUESDAY, THE 08TH DAY OF DECEMBER 2020 / 17TH AGRAHAYANA, 1942

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WP(C).No.26757 OF 2020(T)

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PETITIONERS:

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1 KERALA PRIVATE MEDICAL COLLEGE MANAGEMENTS ASSOCIATION REPRESENTED BY ITS GENERAL SECRETARY, ANIL KUMAR, REGISTERED OFFICE AT MALABAR MEDICAL COLLEGE CAMPUS, MODAKKALLUR, ATHOLI (PO), KOZHIKODE, KERALA-673315.

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2 ANIL KUMAR, MANAGING TRUSTEE, MALABAR MEDICAL COLLEGE AND RESEARCH CENTRE, MODAKKALLUR, ATHOLI (PO), KOZHIKODE, KERALA673315.

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BY ADVS. SRI.S.SREEKUMAR (SR.) SRI.A.RENJIT SRI.V.E.ABDUL GAFOOR SRI.A.MOHAMMED SAVAD SRI.C.Y.VINOD KUMAR SHRI.T.R.VISHNU SRI.T.T.MUHAMOOD

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RESPONDENTS:

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1 STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION (G AND J AND P) DEPARTMENT, 3RD FLOOR, ANNEX-II, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA-685001.

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2 ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA-689001.

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3 COMMISSIONER FOR ENTRANCE EXAMINATIONS, 5TH FLOOR, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695001.

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R1-3 SRI.M.A.ASIF - BY SPL. GOVERNMENT PLEADER

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OTHER PRESENT:

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SRI. M.A. ASIF- SPL. G.P.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C)No.26757/2020

JUDGMENT

Dated this the 8th day of December 2020

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Shaffique, J.

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This writ petition has been filed by the Kerala Private Medical College Management Association and another inter alia seeking for a direction to implement the directions issued by the Apex Court in its order dated 11.9.2020 in S.L.P.No.6288/2019 and connected

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W.P.(C)No.380/2020. The said order reads as under:-

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“Heard learned counsel for the parties. In the order dated 20.03.2020 passed in W.P.(C)No.370 of 2020, the words “domicile upto 20^th May, 2019” be read as “domicile upto 20^th May, 2020.”

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Mr. Shyam Divan, learned senior counsel appearing on behalf of the petitioners prays that this court be pleased to pass an order similar to the order passed by this Court on 12.07.2019 in W.P.(C)No.388 of 2019, for this year i.e., academic session 2020-21. We are informed that the Government has taken a decision not to insist on Bank Guarantee. Therefore, we direct that the students be notified that they may be required to furnish a bank guarantee, if any contrary decision is taken. As far as NRI students are concerned, we direct that in case of NRI quota is about to lapse due to want of students having domicile certificate, admissions be made without requiring domicile certificate.

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Ordered accordingly.

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List the matters for final disposal on 13^th October, 2020.”

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The petitioner Association submits that the NRI quota in Private Medical

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Colleges in Kerala has not been filled up and therefore, by the aforesaid order, the Apex Court had specifically mentioned that since the NRI quota is about to lapse due to want of students having domicile certificate, admissions be made without requiring domicile certificate. The

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W.P.(C)No.26757/2020

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contention urged in the said case was that the Non-Keralite Students, who claimed NRI quota ought to produce domicile certificate for applying under the said quota. The Apex Court, therefore, clarified that even without insisting for a domicile certificate, those students should be permitted to apply.

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A statement has been filed on behalf of the 3^rd respondent inter alia stating that even in the prospectus conditions, NRI Non-Keralite category (NK-2) was permitted to apply. As per the prospectus, 15% of seats for admission of students to MBBS Course in Self Financing Medical Colleges in Kerala are set apart for allotment to candidates irrespective of their domicile as per the rank list prepared by the Commissioner for Entrance Examinations. However, those candidates will not be eligible for any reservation of fee concession applicable to other category of students. It is pointed out by the learned Government Pleader that by Annexure-I notification dated 14.9.2020, the time for submission of applications was extended from 14.9.2020 to 18.9.2020. This enabled the candidates, who had not submitted applications earlier, to submit fresh applications and also to add new course. It is further submitted that by yet another notification dated 28.9.2020, after referring to judgment of the Apex Court in W.P.(C)No.370/2020 dated 23.3.2020, it was indicated that Non-Keralite Category-II candidate (NK-II) can also submit NRI certificate within the time limit. Time was extended upto 14.10.2020.

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As far as the petitioners claim is concerned, the only issue

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W.P.(C)No.26757/2020

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that may arise is whether the candidates should produce domicile certificate or not. Infact, the learned special Government Pleader would submit that no such certificate is insisted by the Entrance Commissioner. We, therefore, make it clear that, if any candidates had applied without domicile certificate under NK-II category, they shall also be entitled to participate in the allotment process. We are also told that several seats especially NRI quota remains unfilled, in which event the Government shall consider whether the time could be extended for fresh registration, in which event, a decision shall be taken before the Mop-up counselling.

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With the above clarification, the writ petition is disposed of.

Sd/-

A.M.SHAFFIQUE

JUDGE

Sd/-

GOPINATH P.

JUDGE

acd

W.P.(C)No.26757/2020

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF ORDER DATED 09.05.2017 IN WP(C)NO.267 OF 2017 PASSED BY HON'BLE SUPREME COURT.

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EXHIBIT P2 TRUE COPY OF RELEVANT PAGES OF THE PROSPECTUS FOR ADMISSION TO PROFESSIONAL DEGREE COURSES FOR THE YEAR 2020.

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EXHIBIT P3 TRUE COPY OF ORDER DATED 11.09.2020 PASSED BY HON'BLE SUPREME COURT IN W.P. (C)NO.380 OF 2019 AND CONNECTED MATTERS. EXHIBIT P4 TRUE COPY OF CHART CONTAINING DETAILS AND NUMBER OF NRI SEATS THAT WERE CONVERTED TO OTHER QUOTAS DURING PREVIOUS YEARS IN VARIOUS PRIVATE MEDICAL COLLEGES.

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EXHIBIT P5 TRUE COPY OF SAID LETTER DATED 25.11.2020 SENT BY PETITIONER TO CEE.

Kerala Private Medical College Managements Association v. State of Kerala

Case brief

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Kerala Private Medical College Managements Association v. State of Kerala

Case brief

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