MAHA P Vs. STATE OF KERALA

JUDGEMENT

(1.) These appeals arise from a judgment dtd. 8/4/2022 of a Division Bench of the Kerala High Court, by which a writ petition seeking a direction to grant time for fresh registration in the Non-resident Indian ("NRI") quota in NEET-UG in unaided private medical colleges in the State of Kerala was dismissed. At the core of the dispute is whether the seats reserved for the NRI quota in private medical colleges in the State of Kerala can be transferred to the unreserved category.

(2.) The National Testing Agency invited online applications for NEET-UG 2021-22 from 1/6/2021 to 21/6/2021. The last date for submitting applications was extended to 24/6/2021. A notification was issued on 25/6/2021 granting an opportunity to candidates to make corrections to their applications. The candidates were allowed to rectify defects from 11/9/2021 to 17/9/2021. Two extensions for the submission of documents were given. The Government issued orders permitting the NRI candidates to cure defects in attestation by 31/3/2022.

(3.) The private institutions reserve 15% of the total seats for the NRI category. The unaided private medical colleges in the State of Kerala have a total of 358 seats in the NRI quota. The rank list of the eligible NRI quota candidates in NEET-UG 2021-22 was exhausted after two rounds of counselling conducted by the Commissioner for Entrance Examination ("CEE"). However, even after the exhaustion of the NRI rank list, 57 seats were vacant. The Kerala Private Medical College Management Association ("respondent association") made a representation to the CEE on 17/3/2022, requesting the authority to invite fresh applications to fill up the vacant seats in the NRI quota on the ground that many students were unable to submit the required documents before the cut-off date due to the Covid-19 pandemic. A writ petition was instituted on 24/3/2022 seeking a direction to grant time to candidates to register for the NRI quota seats before the commencement of the mop-up counselling. By an order dtd. 29/3/2022, the Single Judge of the Kerala High Court directed the CEE to consider the representation filed by the respondent association. Pursuant to the judgment of the Single Judge, the respondent association made another representation to the CEE on 30/3/2022. The CEE considered the representation and by an order dtd. 31/3/2022 held that no further extension of time could be provided since candidates had been given sufficient time to apply for the NRI quota: