Dismissed

Abad Shibily M v. Commissioner for Entrance Examinations

Kerala HC2 Nov 2021WP(C)/23705/2021

Case brief

AI extract

What is this about?

Writ petitioner, a student aspiring for MDS admission under NRI quota via self-financing colleges, approached the High Court aggrieved by non-consideration of his application due to failure to upload eligibility documents within the extended timeframe.

What did the court decide?

The writ petition fails and is accordingly dismissed due to petitioner's inaction in uploading required documents.

Abad Shibily M Vs Commissioner for Entrance… — Education and Admissions | Kerala HC (2021)

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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.K.JAYASANKARAN NAMBIAR

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THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

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TUESDAY, THE 2^ND DAY OF NOVEMBER 2021/11TH KARTHIKA, 1943

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W.P(C).NO.23705 OF 2021

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PETITIONER:

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ABAD SHIBILY.M AGED 27 YEARS S/O.KUNHIMOIDEEN, MAKKOOL, KADIYANGAD P.O., PERAMBRA, KOZHIKODE, KERALA - 673525.

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BY ADVS.SRI.P.M.SANEER

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SRI.R.GOPAN SRI.MELWIN BYJU

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RESPONDENT:

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COMMISSIONER FOR ENTRANCE EXAMINATIONS HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM, PIN - 695 001.

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BY SRI.P.G.PRAMOD, GOVT. PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).No.23705/2021 :: 2 ::

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J U D G M E N T

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A.K. Jayasankaran Nambiar, J.

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The petitioner, who is stated to be a student aspiring for admission to the MDS course, under the NRI quota, for the academic year 2021-22 in the Self-financing Colleges in the State, has approached this Court aggrieved by the non-consideration of his application under the said quota by the Commissioner of Entrance Examinations, the respondent herein.

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When the matter came up for admission, the learned Government Pleader took time to get instructions, and when the matter was taken up again today, it is submitted by the learned Government Pleader that the petitioner had not uploaded the documents required to establish his eligibility under the NRI quota, within the extended period of time granted to him for uploading the same. It is, in particular, stated that while defects were pointed out in the documents uploaded by the petitioner at first instance, and

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W.P.(C).No.23705/2021 :: 3 ::

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time was granted to the petitioner to cure the defects on or before 25.10.2021, the petitioner failed to upload the correct documents within the time granted to him, and it was under those circumstances that the respondent proceeded to finalize the list of persons entitled for admission to the MDS course under the NRI quota.

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Taking note of the said submission of the learned Government Pleader, on instructions, and finding that it was on account of the inaction of the petitioner, in uploading the required documents within the time granted by the respondent, that he was not considered for eligibility under the NRI quota, we find ourselves unable to grant the relief sought for in the writ petition. The writ petition therefore fails, and is accordingly dismissed.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR JUDGE

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Sd/MOHAMMED NIAS C.P. JUDGE

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prp/2/11/21

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W.P.(C).No.23705/2021 :: 4 ::

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APPENDIX OF W.P(C).NO.23705/2021

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 THE PHOTOCOPY OF THE NEET-MDS 2021 SCORE CARD ISSUED BY THE NATIONAL BOARD OF EXAMINATION. EXHIBIT P2 THE PHOTOCOPY OF THE NOTIFICATION NO.CEE/1999/MDS-2021/TA4 DATED 30.09.2021 ISSUED BY THE RESPONDENT. EXHIBIT P3 THE PHOTOCOPY OF THE ACKNOWLEDGE PAGE - APPLICATION NO.4100464 DATED 03.10.2021 OF THE PETITIONER. EXHIBIT P4 THE SCREENSHOT OF THE MEMO TAKEN FROM THE WEB SITE OF THE RESPONDENT. EXHIBIT P5 THE PHOTOCOPY OF THE PRESS RELEASE NO.CEE/1999/MDS-2021/TA4, DATED 22.10.2021 OF THE RESPONDENT. EXHIBIT P6 THE PHOTOCOPY OF THE DECLARATION DATED 30.03.2021 OF THE HARIS AHMED WHO IS THE SPONSOR OF THE PETITIONER. EXHIBIT P7 THE PHOTOCOPY OF THE VISA OF THE SPONSOR OF THE PETITIONER ISSUED BY THE KINGDOM OF BAHRAIN. EXHIBIT P8 THE PHOTOCOPY OF THE RENEWED VISA OF THE SPONSOR OF THE PETITIONER ATTESTED BY THE EMBASSY OF INDIA, BAHARIN. EXHIBIT P9 THE TRANSLATED AND NOTARY ATTESTED COPY OF THE VISA OF THE SPONSOR OF THE PETITIONER

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W.P.(C).No.23705/2021 :: 5 ::

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DATED 23.10.2021.

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EXHIBIT P10 TRUE COPY OF THE ATTESTED COPY OF THE PASSPORT NO.R8318541 OF THE SPONSOR OF THE PETITIONER. EXHIBIT P11 THE PHOTOCOPY OF THE CATEGORY WISE LIST REVISED DATED 26.10.2021 ISSUED BY THE RESPONDENT EXHIBIT P12 THE CHART OF THE ADMISSION SCHEDULE FOR THE ACADEMIC YEAR 2021-22 FOR MDS COURSE ALL INDIAN QUOTA INCLUDING STATE QUOTA.

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RESPONDENTS EXHIBITS: NIL.

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//TRUE COPY//

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P.S. TO JUDGE

Abad Shibily M v. Commissioner for Entrance Examinations

Case brief

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Abad Shibily M v. Commissioner for Entrance Examinations

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