PRINCIPAL Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition has been filed challenging Exts.P7 and P9 orders passed by the Admission and Fee Regulatory Committee for Medical Education in Kerala (for short AFRC). The petitioner is the Principal of an Ayurveda College in the self-financing sector. The college was given permission to admit 50 students by the Department of AYUSH, Government of India. The petitioner submits that by Ext.P1 order dated 26.07.2018, the Committee had approved the draft prospectus and directed that 15% seats shall be filled up under NRI quota and one of the conditions specified was that online application has to be called for from such candidates.

(2.) The petitioner sought permission from AFRC to convert the left over NRI seats as Management Seats. AFRC by order dated 08.10.2018 observed that permission for such conversion will be made only after scrutinizing the admission procedure. By yet another order dated 22.10.2018, the Committee permitted the college to fill up the vacancies and to convert NRI seats to Managements seats on certain conditions and one of the conditions was that while publicity has to be given regarding the availability of the Management seats, the application shall be invited only from NEET qualified candidates through online application and a separate list shall be prepared by the respective Colleges. The aforesaid order came to be passed based on a representation from the Kerala State Indian System of Medicine Self Financing College Management Association.

(3.) By an order dated 02.04.2019 (Ext.P5), the AFRC approved the admission given to 41 students for BAMS course and withheld the admission in respect of six students, 4 under the Management Quota and two under the NRI Quota. The Kerala University for Health Science was directed to register the names of the approved candidates and in respect of other candidates, their registration was withheld. The college authorities submitted an affidavit before the AFRC inter alia stating that they were unable to receive online applications due to server problems and the said fact could not be intimated to the Committee by oversight and during the relevant time. Therefore, the Management sought for regularising their admission.