Kerala High Court
Varsha Velayudhan vs The Deputy Secretary (Exam) on 24 October, 2016
Author: Shaji P. Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 9TH DAY OF MARCH 2017/18TH PHALGUNA, 1938
WP(C).No. 32197 of 2016 (Y)
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PETITIONER:
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VARSHA VELAYUDHAN,
AGED 18, D/O.VELAYUDHAN, VARSHA NIVAS,
ASHOKAPURAM, ALUVA - 683 101.
BY ADV. SRI.P.M.POULOSE
RESPONDENT(S):
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1. THE DEPUTY SECRETARY (EXAM),
NATIONAL ELIGIBILITY CUM ENTRANCE TEST UNIT,
CENTRAL BOARD OF SECONDARY EDUCATION,
SHIKSHA KENDRA, 2, COMMUNITY CENTRE,
PREETH VIHAR, DELHI - 110 092.
2. THE COMMISSIONER OF ENTRANCE EXAMINATIONS,
5TH FLOOR, HOUSING BOARD BUILDINGS,
SANTHINAGAR, THIRUVANANTHAPURAM - 695 001.
3. MEDICAL COUNCIL OF INDIA,
POCKET-14 SECTOR-8 DWARAKA,PHASE-1,
NEW DELHI -110077,
INDIA,REPRESENTED BY ITS SECRETARY.
* ADDL R3 IMPLEADED
* ADDL R3 IS IMPLEADED AS PER ORDER DATED 24/10/2016 IN
IA NO 16317/2016.
R1 BY ADV. SRI.K.M.ANEESH
R2 BY GOVERNMENT PLEADER SRI S.KANNAN
R3 BY ADV. TITUS MANI VETTAM SC,
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09-03-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
K.V.
WP(C).No. 32197 of 2016 (Y)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1. TRUE COPY OF THE RANK SHEET OF KEAM.
EXHIBIT P2. TRUE COPY OF THE RANK LIST OF NEET.
EXHIBIT P3. TRUE COPY OF THE NON CREAMY LAYER CERTIFICATE
NO.1000/2016 DATED 10.06.2016 ISSUED BY CHOORNIKKARA
VILLAGE OFFICER.
EXHIBIT P4. TRUE COPY OF THE ALV - 926/16 DATED 25.05.2016 ISSUED
BY THE TAHSILDAR, ALUVA.
EXHIBIT P5. TRUE COPY OF THE RELEVANT PAGES VIZ., 5, 6, 7, 20 & 21
OF THE INFORMATION BULLETIN.
RESPONDENT(S)' EXHIBITS NIL
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/TRUE COPY/
P.A.TO JUDGE
K.V.
SHAJI P. CHALY, J.
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W.P.(C). No.32197 of 2016
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Dated this the 9th day of March, 2017
JUDGMENT
The reliefs sought for by the petitioner in the writ petition are as follows:
(i) To issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to provide admission to the petitioner for MBBS for the academic year 2016-17 in anyone of the seats earmarked for 15% quota in Government Medical Colleges in Kerala.
(ii) Issue a writ of mandamus or any other appropriate writ or direction, directing the respondents to admit the Writ Petitioner during 2016-17 in any of the seats for MBBS in Government Medical Colleges in Kerala by pushing down the last candidate admitted against the 15% All India Quota if admissions are already over.
2. Material facts for the disposal of the writ petition are as follows; petitioner is an aspirant for MBBS admission for the year 2016-17. Petitioner has secured 90.58% marks for Plus Two examination and she appeared for KEAM test for the year W.P.(C). No.32197 of 2016 2 2016 and became eligible for MBBS/BDS. Petitioner is ranked at 18021 in the KEAM test. Petitioner has also appeared for NEET 2016 and passed the same scoring 87-231392 percentile. Petitioner belongs to Viswakarma community - Non-Creamy layer, which comes under Other Backward Community (OBC), evident from Exts.P3 and P4. The Central Board of Secondary Education, which conducts NEET has issued Ext.P5 Information Bulletin through their website. Chapter 6 of the said information bulletin has envisaged guidelines for the preparation of merit list. Chapter 6(1) stipulates 50th percentile for general category and 40th percentile for Other Backward Category. Chapter 6 (1c) has laid down an academic minimum requirement of 50% and 40% respectively for general and OBC candidates for optional subjects put together. Petitioner has secured 92% for optional subjects put together. It is submitted that, as per the prevailing Central Government admission rules, 15% seats for MBBS/BDS in every State has to be filled from the NEET rank list. For the purpose of filling-up of this 15% quota, the W.P.(C). No.32197 of 2016 3 CBSE prepared a list, as per which, rank upto 87295 for general category and 34338 for OBC candidates was fixed. In the process of filling up the quota seats, there were no sufficient number of candidates. In the circumstances, respondents transferred the unfilled seats to the Government of Kerala and the Government of Kerala started filling up of those seats with KEAM candidates. The paramount contention advanced by the petitioner is that, if the Central Government had included some more rank holders below 34338 in the rank list for OBC, petitioner also would have obtained admission in the 15% quota seats earmarked for NEET candidates as her rank is 36174. Unfortunately petitioner could not secure a seat in the 15% All India quota because of the erroneous and arbitrary limiting of rank for OBC candidates, is the contention.
3. Second respondent has filed a detailed counter affidavit wherein among other contentions, it is stated that, all the seats under the All India quota which were surrendered to State quota and the seats un-availed under Nominees quota W.P.(C). No.32197 of 2016 4 under MBBS/BDS course were reported by the Director of Medical Education on 29.9.2016 and were filled-up through a spot admission conducted on 30.9.2016. There were no vacant seats reported in Government Medical Colleges after spot allotment conducted on 30.9.2016. Later, as per the order of the Apex Court in Civil Appeal No.9835/2016 dated 28.9.2016, extended the closing date of admission upto 7.10.2016 and the vacant management seats in Self Financing Medical and Dental Colleges were filled up through spot admission conducted on 07.10.2016. The petitioner's claim is for admission to anyone of the Government Medical Colleges or Government seats in the Government Self Financing Colleges but since they are filled up by 30.9.2016, the reliefs sought for by the petitioner in the writ petition filed on 4.10.2016 has become infructuous.
4. Taking note of the respective submissions made across the Bar, one thing is clear, the cut-off date fixed by the Apex Court for admission to MBBS/BDS course is 30.9.2016. It is the contention of the learned counsel that, all the Government W.P.(C). No.32197 of 2016 5 seats were filled up on 30.9.2016. Even though when the matter came up for admission on 4.10.2016, an interim order was passed to keep one seat vacant, by that time entire seats were filled up and therefore, the order so passed has become inconsequential. Even though time was extended by the Apex Court upto 7.10.2016, in the nature of reliefs sought for by the petitioner in the writ petition, petitioner was not entitled to get admission during the extended period. However, the petitioner has a case that, if the rank list of the OBC candidates instead of being limited to a particular cut-off in the rank provided, there are chances that all the seats remains to be filled up under the OBC category would be able to be achieved. Any how that is a subject matter which can be pursued by the petitioner by filing proper representation before the respective statutory authorities.
5.Evaluating the entire facts and circumstances, I do not think that petitioner is entitled to get any reliefs as sought for in the writ petition. However, the question raised by the petitioner with respect to the limiting of rank prescribed to a W.P.(C). No.32197 of 2016 6 particular rank number in the OBC category is left open to be agitated by the petitioner before the appropriate statutory authorities.
Writ petition is dismissed, however, subject to the above observations.
Sd/-
SHAJI P. CHALY JUDGE smv 10.03.2017