JERIN THOMAS PANICKER Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is one among the candidates who intends to apply for MBBS course during the present academic year under the NRI quota. The petitioner's sponsor is his father. The contention is that on account of Covid 19 Pandemic, the petitioner is unable to produce the documents within the specified time. It is pointed out that more than 50% of NRI quota seats are vacant due to the reason that most of the MBBS aspirants could not submit all the documents as directed by the competent authority.

(2.) In fact, several cases had come before us by which the candidates were unable to submit the documents within the specified time. Presently the first allotment has been completed and process for the second allotment is going on. Since NRI seats are remaining vacant, the Government issued orders granting some more time for candidates who were not able to upload all the documents within the specified time, so that most of the NRI seats could be filled up. As per the judgment of the Apex Court, part of the amount received from the candidates under the NRI quota has to be utilised for the purpose of subsidising the fee for weaker sections of the community. Under such circumstances, it is incumbent that the entire NRI quota seats are filled up. The Government shall consider extension of time for candidates who could not presently apply under the NRI quota since there are unfilled seats and the time shall be extended before the third allotment. Of course, if the time is extended, the petitioner and similarly placed persons will also get an opportunity to cure the defects which are pointed out by the competent authority. The Commissioner of Entrance Examinations shall also give wide publicity to such students irrespective of the fact that they have rejected several applications under NRI quota earlier for want of sufficient documents. Such students will also be entitled to avail the opportunity.

(3.) With these observations, this Writ Petition is disposed of.