Kerala High Court
Amal Fayiz C vs State Of Kerala on 28 September, 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
WEDNESDAY, THE 28TH DAY OF SEPTEMBER 2016/6TH ASWINA, 1938
WP(C).No. 31597 of 2016 (Y)
----------------------------
PETITIONER(S):
-------------
AMAL FAYIZ C., AGED 18 YEARS,
S/O.SAIDALAVI, RESIDING AT RUBA,
CHETTIYARAMMAL HOUSE, VAYAPPARAPADI,
MANJERI, MALAPPURAM DISTRICT.
BY ADVS.SRI.V.T.RAGHUNATH
SMT.C.V.RAJALAKSHMI
RESPONDENT(S):
--------------
1. STATE OF KERALA,
REPRESENTED BY THE DIRECTOR OF MEDICAL
EDUCATION, THIRUVANANTHAPURAM - 695 004.
2. COMMISSIONER FOR ENTRANCE EXAMINATIONS,
5TH FLOOR, HOUSING BOARD BUILDING,
SHANTHI NAGAR, THIRUVANANTHAPURAM-695 001.
3. KERALA UNIVERSITY OF HEALTH SCIENCES,
REP. BY THE REGISTRAR, MEDICAL COLLEGE P.O.,
TRISSUR - 680 596.
4. PUSHPAGIRI INSTITUTE OF MEDICAL SCIENCE,
THIRUVALLA, REP; BY THE PRINCIPAL,
THIRUVALLA P.O., 689 101.
R1 & R2 BY SENIOR GOVERNMENT PLEADER
SRI.T.K.ARAVINDAKUMAR BABU
R3 BY SRI.P.SREEKUMAR, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28-09-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
msv/
WP(C).No. 31597 of 2016 (Y)
----------------------------
APPENDIX
PETITIONERS EXHIBITS:
----------------------
EXT.P1: COPY OF THE PROVISIONAL ADMIT CARD DTD.4.12.2016.
EXT.P2: COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER
DTD.4.5.2010.
EXT.P3: COPY OF THE SECONDARY SCHOOL EXAMINATION CERTIFICATE
DTD.26.5.2013.
EXT.P4: COPY OF THE NATIONAL ELIGIBILITY CUM ENTRANCE TEST
NEET (UG) 2016 RESULTS (NEET SCORE CARD)
DTD.16.8.2016.
EXT.P5: COPY OF THE AFFIDAVIT OF THE PETITIONER ATTESTED BY
NOTARY PUBLIC DTD.19.8.2016.
EXT.P6: COPY OF THE DEMAND DRAFT DTD.26.9.2016.
EXT.P7: COPY OF THE RECEIPT FOR REMITTANCE OF FEE
DTD.27.9.2016.
RESPONDENT(S)' EXHIBITS
-----------------------
NIL
//TRUE COPY//
P.S.TO JUDGE
Msv/
SHAJI P. CHALY, J
-------------------------------
W.P.(C)No.31597 OF 2016
---------------------------------
Dated this the 28thday of September, 2016
J U D G M E N T
------------------
Petitioner applied for NEET and was qualified for admission to MBBS course. On 27.09.2016, petitioner was called for spot admission. Petitioner was alloted with seat for MBBS in Pushpagiri Institute of Medical Sciences, Thiruvalla. A mistake was committed by the petitioner, while entering the date of birth consequent to typing error. According to the petitioner, the actual date of birth of the petitioner is 06.11.1997. However, it was typed as 06.09.1997. In Ext.P2 birth certificate and Ext.P3 Secondary School Leaving Certificate, the date of birth of the petitioner is shown as 06.11.1997. According to the petitioner, in other documents issued by the public authorities the date of birth is correctly shown as 06.11.1997. The mistake came to the notice of the petitioner, while searching for his rank in the result in the website using the roll number and the date of birth. Thereupon, an affidavit W.P.(C)No.31597 OF 2016 2 was sworn to by the petitioner, attested by a Notary Public and was prepared to produce before the authorities at the time of admission. However, it is the contention of the petitioner that, the college authorities are not satisfied with the notarized affidavit and other documents and accordingly the admission of the petitioner stands withheld orally. It is in this background seeking appropriate direction, this writ petition is filed.
2. Heard learned counsel for the petitioner, learned Government Pleader and learned standing counsel appearing for the third respondent University and perused the documents and the pleadings. Learned counsel for the petitioner reiterated the contentions raised in this writ petition. The reliefs sought for by the petitioner in the writ petition is for a direction to the 4th respondent to admit the petitioner to MBBS course in Pushpagiri Institute of Medical Sciences, Thiruvalla as he is qualified in the NEET entrance examination 2016 and also for a direction to W.P.(C)No.31597 OF 2016 3 the respondents to accept the date of birth of the petitioner as 06.11.1997, and treat the date of birth shown as 06.09.1997 as a result of a bonafide mistake and for other related reliefs. From Exts.P2 and P3 which are birth certificate and school leaving certificate issued by the respective statutory authorities the date of birth of the petitioner is shown as 06.11.1997. Obviously, when the application is filed, the date of birth of the petitioner is shown as 06.09.1997, can only be a mistake. Therefore, I have no reason to think that the 4th respondent will not take note of the date of birth of the petitioner provided under Exts.P2 and P3 and do the necessary in order to complete the admission provided to the petitioner as per the NEET exam 2016-2017.
Writ petition is disposed of accordingly.
sd/-
SHAJI P. CHALY, JUDGE R.AV