Kerala High Court
Dr. Hayfa Tharuvai vs State Of Kerala on 26 October, 2023
Author: T.R.Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
WP(C) NO. 35105 OF 2023
PETITIONER:
DR. HAYFA THARUVAI
AGED 30 YEARS
W/O FAVAS, AREECKAL HOUSE, CHEMBRA ROAD, PERAMBRA.P.O.,
KOZHIKODE,, PIN - 673525
BY ADV D.ANIL KUMAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND
FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM,, PIN -
695001
2 ADMISSION AND FEE REGULATORY COMMITTEE (AFRC)
REPRESENTED BY ITS MANAGER, HEERA BUILDINGS, M.P. APPAN
ROAD, VAZHUTHAKKAD.P.O., THIRUVANANTHAPURAM,, PIN -
695014
3 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS
7TH FLOOR, K.S.R.T.C. BUS TERMINAL COMPLEX, THAMPANOOR,
THIRUVANANTHAPURAM,, PIN - 695001
4 DR. MOOPEN'S MEDICAL COLLEGE (FORMERLY DMWIMS)
NASEERA NAGAR, MEPPADI.P.O., WAYANAD, REPRESENTED
THROUGH ITS DEAN, PIN - 673577
SRI.P.G.PRAMOD, GP
SRI.P.MARTIN JOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 35105 OF 2023 2
T.R. RAVI, J.
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W.P.(C)No.35105 of 2023
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Dated this the 26th day of October, 2023
JUDGMENT
The petitioner has approached this Court, being aggrieved by not getting admission in the stray vacancy round. According to the petitioner, she had appeared before the 4th respondent College on 20.10.2023, as was required by the notification and paid the fee for joining the course, but the College failed to close the admission, which resulted in the vacancy being shown as existing even on 21.10.2023. It is hence submitted that if the admission had been closed on 20th, the petitioner should have been admitted.
2. The Counsel for the 4th respondent submitted that on 20th they received a mail stating that the stray vacancy round has been extended till 25 th by order of the MCC and hence the admission can be closed only by 4 p.m on 25.10.2023. It is submitted that all applications received till 2 p.m on 25.10.2023, will have to be considered and the best WP(C) NO. 35105 OF 2023 3 claimant will have to be given admission going by the scheme of allotment. The Counsel for the petitioner submitted that the extension of the period was as per a notification which has been issued on 21.10.2023 and it can only be an extension from 21.10.2023, which would mean that if vacancies are not available on 21.10.2023 the extension will not affect the petitioner's admission. The Government Pleader on instructions submitted that MCC had issued orders extending the period as early as on 17.10.2023 itself and a consequential notification was issued only on 21.10.2023. In such circumstances, it can be seen that the stray vacancy round was scheduled till 25.10.2023 and any application received till 25.10.2023, will have to be considered. The counsel for the 4th respondent submitted that the better claimant has been given admission.
In the above facts situation, no relief can be granted to the petitioner. The writ petition fails and is dismissed.
Sd/-
T.R.RAVI JUDGE LEK WP(C) NO. 35105 OF 2023 4 APPENDIX OF WP(C) 35105/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DEGREE CERTIFICATE (REG.
NO.120010047) DATED 29.4.2019 ISSUED BY KERALA UNIVERSITY OF HEALTH SCIENCES IN FAVOUR OF THE PETITIONER Exhibit P2 TRUE COPY OF THE CERTIFICATE OF REGISTRATION (REGISTRATION NO.70022) DATED 26.3.2019 GRANTED IN FAVOUR OF THE PETITIONER BY TRAVANCORE COCHIN COUNCIL OF MODERN MEDICINE Exhibit P3 TRUE COPY OF THE SCORECARD SHOWING THE RANK OF THE PETITIONER IN NEET ISSUED BY THE NATIONAL BOARD OF EXAMINATIONS IN MEDICAL SCIENCE (ROLL NO.23661078085) Exhibit P4 TRUE COPY OF THE LIST II OF CANDIDATES FOR SELF FINANCING MEDICAL COLLEGES FOR STRAY VACANCY ALLOTMENT Exhibit P5 TRUE COPY OF THE GUIDELINES DATED 17.10.2023 ISSUED BY THE COMMISSIONER FOR ENTRANCE EXAMINATIONS Exhibit P6 TRUE COPY OF RECEIPT FOR RS.7,00,000/-
DATED 20.10.2023 ISSUED TO THE PETITIONER FROM 4TH RESPONDENT COLLEGE Exhibit P6(a) TRUE COPY OF RECEIPT NO.1554 FOR RS.1,00,000/- DATED 20.10.2023 ISSUED TO THE PETITIONER FROM 4TH RESPONDENT COLLEGE Exhibit P6(b) TRUE COPY OF RECEIPT FOR RS.1,00,000/-
DATED 20.10.2023 ISSUED TO THE PETITIONER FROM 4TH RESPONDENT COLLEGE Exhibit P6(c) TRUE COPY OF RECEIPT FOR RS.36,665/-
DATED 20.10.2023 ISSUED TO THE PETITIONER FROM 4TH RESPONDENT COLLEGE WP(C) NO. 35105 OF 2023 5 Exhibit P6(d) TRUE COPY OF RECEIPT FOR RS.2,00,000/-
DATED 20.10.2023 ISSUED TO THE PETITIONER FROM 4TH RESPONDENT COLLEGE Exhibit P6(e) TRUE COPY OF RECEIPT FOR RS.7,50,000/-
DATED 20.10.2023 ISSUED TO THE PETITIONER FROM 4TH RESPONDENT COLLEGE Exhibit P6(f) TRUE COPY OF RECEIPT FOR RS.95,000/-
DATED 20.10.2023 ISSUED TO THE PETITIONER FROM 4TH RESPONDENT COLLEGE Exhibit P6(g) TRUE COPY OF RECEIPT FOR RS.50,000/-
DATED 20.10.2023 ISSUED TO THE PETITIONER FROM 4TH RESPONDENT COLLEGE Exhibit P7 TRUE COPY OF THE NOTIFICATION DATED 21.10.2023 ISSUED BY THE COMMISSIONER FOR ENTRANCE EXAMINATIONS Exhibit P8 TRUE COPY OF THE VACANCY POSITION AS ON 21.10.2023 TO ADMISSION TO PG MEDICAL COURSES Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 24/10/2023 SENT BY PETITIONER TO THE 2ND RESPONDENT (WITHOUT ENCLOSURES) Exhibit P10 TRUE COPY OF THE VACANCY LIST PUBLISHED AS ON 17/10/2023