ASHITHA S.SANTHOSH Vs. DIRECTOR GENERAL

JUDGEMENT

(1.) The 1st petitioner, qualified in NEET (UG) examination with rank no.115571. 2nd petitioner is her mother, who claims to be an insured person of ESI, on the strength of Ext.P2 Pehchan Card along with Ext.P3 contribution history. Petitioners are aggrieved by the cut off date viz.30.09.2019, fixed in Ext.P5 admission notice for determining the eligibility for admission to the UG Courses (MBBS/BDS) in the ESIC Medical Education institutions, in the Insured Person's (IP) quota. (Though the prayer no.1 in the writ petition is to declare clause 7.10.1 restricting the cut off date to 31.10.2018 is ultra-vires, the cut off date fixed in the relevant provision in Ext.P5 which relates to 2020-21, is 30.09.2019).

(2.) The Employees' State Insurance Corporation (ESIC) has got medical educational institutions across the country. After allocation of seats to All India Quota and State Government quota, admission is given to the wards of Insured persons in the Insured Persons' quota. As per Clause 3 of the Ext.P5 admission notice for the year 2020-21, the wards of insured persons under ESI scheme, who meet the laid down eligibility criteria and have qualified in NEET UG 2020 can apply for admission to UG course (MBBS/BDS) in ESIC Medical/Dental Colleges Educational Institutions and some Government Colleges in the Insured Persons' Quota for the year 2020-21 as per admission policy and procedure approved by Government of India/ESI Corporation. Clause 5.2.1 of Ext.P5 provides for the guiding principles. As per Clause 5.2.2 applicant must have a valid "ward of Insured Person" certificate. Clause 7.10 provides for "critical cut off date to determining eligibility of insured person in Clause 7.10.1 and the age of dependent in clause 7.10.2. Clause 7.10.1, which is relevant for the purpose of this case, reads as follows:

(3.) Petitioner alleges that the cut off date fixed is illegal because the cut off date was 31.10.2018, in the previous year, which was only 7 months before the issue date of admission notice, whereas this year it is 1 year and 3 months from the issue date. Relying on the judgment of this Court in Vaishna Vinod v. Employees State Insurance Corporation and Others [2018 (4) KHC 336], the learned Counsel for the petitioner argued that the cut off date is to be declared ultra-vires and contrary to the judgment of the Division Bench.