Kerala High Court
Sharooq Mohammed vs Central Board Of Secondary Education
Author: Shaji P. Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY,THE 23RD DAY OF SEPTEMBER 2016/1ST ASWINA, 1938
WP(C).No. 28248 of 2016 (E)
----------------------------
PETITIONER :
-----------------------
SHAROOQ MOHAMMED,AGED 19 YEARS,
CBSE- NEET (ROLL NO.83308545),
S/O ADV A. SHANAVAS, KUTTIYIL VEEDU,
MANAKKA, SASTHAMCOTTA P.O, PIN -690 521.
BY ADV. SRI.K.G.ANIL BABU
RESPONDENT(S):
----------------------------
1. CENTRAL BOARD OF SECONDARY EDUCATION,
GOVERNMENT OF INDIA, REPRESENTED BY ITS CHAIRMAN,
SHIKSHA SADAN, 17, ROUSE AVENUE, NEW DELHI -110 002.
*2. THE CONTROLLER OF EXAMINATION,
PAREEKSHA BHAVAN, POOJAPPURA,
THIRUVANANTHAPURAM. PIN-695 012 (CORRECTED)
*THE NAME OF THE SECOND RESPONDENT CORRECTED AS
COMMISSIONER FOR ENTRANCE EXAMINATION, KERALA,
4TH FLOOR, HOUSING BOARD BUILDING, SANTHI NAGAR,
THIRUVANANTHAPURAM-695 001
*AS PER ORDER DATED 8/9/2016 IN IA.NO.14520/2016.
*ADDL.R3 TO R9 IMPLEADED
*R3: THE MEDICAL COUNCIL OF INDIA,
MCI BUILDING, POCKET 14, SECTOR 8,
DWARAKA, PHASE 1, NEW DELHI-110 077
*R4: AL-AZHAR MEDICAL COLLEGE,
THODUPUZHA- EZHALLOOR ROAD,
KUMARAMANGALAM, KERALA-685 608
*R5: TRAVANCORE MEDICAL COLLEGE,
MEDICITY, NH BY PASS, MYLAPORE,
THATTAMALA.P.O., KOLLAM, PIN-691 020
2/-
-2-
WP(C).NO.28248/2016
*R6: MOUNT ZION MEDICAL COLLEGE,
EZHAMKULAM, ADOOR, PATHANAMTHITTA,
ENADIMANGALAM, KERALA, PIN-691 556
*R7: KANNUR MEDICAL COLLEGE,
ANJARAKANDY INTEGRATED CAMPUS,
ANJARAKANDY, KANNUR, KERALA, PIN-670 612.
*R8: YENEPOYA MEDICAL COLLEGE, DERALAKATTE,
SOMESHWAR, KARNATAKA-675 022.
*R9: K.S.HEGDE MEDICAL ACADAMY,
P.O. DERALAKATTE, MANGALURU-575 018
*ADDL.R3 TO R9 ARE IMPLEADED AS PER ORDER DATED 8/9/2016 IN
IA.NO.14552/2016.
R1 BY SRI.K.M.ANEESH, SC, C.B.S.E.
SRI.ADARSH KUMAR, SC, C.B.S.E.
R2 BY SPL.GOVERNMENT PLEADER SRI.P.SANTHOSHKUMAR
ADDL.R3 BY ADV. SRI.TITUS MANI VETTOM, SC,
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23-09-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
sts
WP(C).No. 28248 of 2016 (E)
----------------------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
---------------------------------------
EXHIBIT P1 THE TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER
BEFORE THE CHAIRMAN OF THE 1ST RESPONDENT DATED 20-08-2016
EXHIBIT P2 THE TRUE COPY OF THE CASTE AND NON CREAMY LAYER
CERTIFICATE DATED 24-01-2015.
EXHIBIT P3 TRUE COPY OF THE ELIGIBILITY AND QUALIFICATION PUBLISHED BY
THE 1ST RESPONDENT
EXHIBIT P4 COPY OF THE RESULT SHEET
RESPONDENT(S)' EXHIBITS: NIL
--------------------------------------------
/TRUE COPY/
P.A.TO JUDGE
sts
SHAJI P. CHALY, J
-------------------------------
W.P.(C)NO.28248 OF 2016
---------------------------------
Dated this the 23rdday of September, 2016
J U D G M E N T
------------------
This writ petition is filed by the petitioner seeking a direction to the respondents to declare that the petitioner is eligible or qualified for admission to MBBS course during the year 2016-2017, pursuant to NEET examination Phase II 2016, under OBC, reserved category of SEBC. However, today when the matter is taken up, learned counsel for the petitioner submitted that, petitioner has already made an application to respondents 4 to 9 under the NRI quota and the said application is pending consideration. In that view of the matter and the subsequent developments took place after the filing of the writ petition, I am of the considered opinion that, for the present nothing to be considered in this writ petition on merits. Therefore, leaving open the liberty of the petitioner to challenge the issues raised in this writ petition, this writ petition is disposed of, directing the W.P.(C)NO.28248 OF 2016 2 respondents 4 to 9 to take a decision on the application allegedly submitted by the petitioner in the NRI quota, at the earliest by placing the matter before the Admission Supervisory Committee headed by Retired Justice J.M.James. It is made clear, application would be considered by the committee absolutely on merits.
Writ petition is disposed of accordingly.
sd/-
SHAJI P. CHALY, JUDGE R.AV H/o