NAJMA P.M. Vs. COMMISSIONER FOR ENTRANCE EXAMINATIONS

JUDGEMENT

(1.) The petitioner had appeared in the NEET(UG) Examination and secured All India rank no.11837 and Kerala State Medical rank no.1695. She belongs to Muslim community which is in the category of OBC. It is stated that in the first round of counseling against 15% seats in the All India quota, she was allotted to a College in Andaman and in the 2 nd round of counseling she was allotted a seat in Karwar Institute of Medical Sciences, Karwar, Karnataka and she joined there. It is stated that in the meanwhile, on the basis of allotment in the State quota she was allotted to Amala Medical College Trissur and she had joined there. The petitioner points out that the Commissioner for Entrance Examination has released the 2nd allotment list under the KEAM after receipt of the surrendered seats to the State and in Ext.P8 list 24 candidates ranked below the petitioner, starting from rank no.1701 have been allotted seats in Government Medical Colleges in Kerala. The petitioner points out that those candidates are allotted to colleges to which she had submitted option in Ext.P7 and therefore denial of allotment to the petitioner in any of the seats in preference to the candidates ranked below her is illegal. The petitioner therefore seeks a direction to the respondents to allot the next seat falling vacant in any of the Government Medical Colleges in Kerala. According to the petitioner, Karwar Institute of Medical Sciences, Karwar, Karnataka was her 65th choice under the All India quota. According to her the injustice done to her could have been avoided in case the seats reverted to the State from the All India quota were offered to candidates like petitioner based on their higher option and only the remaining seats should have been reverted to the State. Pointing out Ext.P11 notification for mop-up counseling petitioner seeks a direction to allot her a seat in colleges of her higher option as denial of an opportunity to the petitioner for admission in any of the Government Medical Colleges in Kerala is illegal.

(2.) Sri.V.Jaisankar, the learned CGC as well as Sri.V.Manu, the learned Senior Government Pleader pointed out that the counseling for admission under the All India quota is governed by Appendix F of Graduate Medical Regulations 2019. As per Appendix F time schedule is fixed for each of the steps starting from date of examination upto date of joining. On account of COVID-19 pandemic the time schedule has been modified for the admission in 2020. As per the revised schedule, registration for 2nd round of Counseling was from 20th November 2020 to 23rd November 2020. The payment and choice filling/locking was for the period from 20th November 2020 to 24th November 2020 and processing of seat allotment was on 25th and 26th November 2020 and result was on 27th November 2020 and the candidates were to report between 28th November 2020 and 08th December 2020. The transfer of non reporting and non joining vacant seats to state quota were scheduled to be completed on 8 th December 2020. Appendix F itself further provides that All India quota seats which remained vacant after the last date for joining would be deemed to be converted into the state quota. In the table given under Clause 5 of the Appendix it further provides for a matrix which should be applicable with regard to the permissibility to the students to exercise fresh choice during counseling. As per the said matrix, if a candidate has joined under the All India quota in the 2nd round he/she would be ineligible for further counseling.

(3.) Though the learned counsel for the petitioner pointed out that there are several seats reverted from the All India quota, available in Government Medical Colleges in Kerala, where candidates ranked below the petitioner are given allotment, the learned Senior Government Pleader submits that all those seats reverted from All India quota are filled up. The learned Senior Government Pleader also made available a copy of the judgment dated 03/05/2019 in WP(C) NO.357/2018 and connected cases, where the apex court while considering a similar case relating to admission to Post Graduate Medical course observed as follows in paragraphs 7 and 8: