ASWIN RAVINDRAN M Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner had qualified in the Entrance Examination for the NEET (PG) Medical Course conducted by the 2nd respondent and secured a score well above 50%, which is the minimum percentile for general category students. He applied under the NRI quota. The 2nd respondent noted certain defects in the application and the petitioner was asked to cure the defects and upload the necessary documents as is evident from Ext.P2 memo. The petitioner contends that he became aware that he was not included in the category list of NRI quota candidates only on 30/1/2022. Being aggrieved, the petitioner approached this Court and filed W.P.(C) No.8436 of 2022. This Court, after considering the facts and circumstances, dismissed the writ petition by Ext.P3 judgment. Paragraph Nos.4 and 5 of the judgment are of some relevance and are extracted below for convenience.

(2.) The petitioner contends that on 15/3/2022, respondents 1 and 2 have issued Ext.P5 notification inviting applications by lowering the minimum qualifying criteria for Post Graduate Medical Admission. As per Ext.P5, the applications had to be submitted between 3.00 pm on 16/3/2022 and 10.00 am on 19/3/2022. Later, Ext.P7 notification was issued extending the time to cure the defects if any till 23/3/2022. The petitioner asserts that the respondents have granted yet another opportunity to the candidates applying for the NRI quota as per Ext.P5 to submit documents with Embassy/Consulate Attestation by 4/4/2022. In respect of those candidates, seats are allotted provisionally in the mop-up round. Later, Ext.P9 notification was issued calling for registration of option by eligible candidates including provisionally eligible candidates for the mop-up round and the last date for registration of option has been fixed as 31/3/2022. According to the petitioner, students securing less marks than the petitioner are being admitted to NRI seats without proper documentation whereas the petitioner who had secured much higher marks has been sidelined. It is contended that the petitioner should have been granted an opportunity to cure the defects in his application, at least at par with the students who have been made eligible subsequently. It is on these assertions that this writ petition is filed seeking the following reliefs:

(3.) In view of the urgency expressed, I have heard the submissions of Sri. Vinod Bhat, the learned counsel appearing for the petitioner and Smt. Surya Binoy, the learned Government Pleader.