DR.NEHA MARIAM GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has approached this Court challenging the admission granted to the 3rd respondent to the MS (Ophthalmology) course at the 4th respondent College. Inter alia she seeks a writ of certiorari to quash the admission granted to the 3rd respondent and a declaration that the conversion of that seat from NRI (Minority) to NRI (Open) is illegal and unauthorized.

(2.) The followings facts are not in dispute. The petitioner is a candidate belonging to a Christian minority community who qualified in the NEET examination for admission to the Post Graduate Medical Courses in the academic year 2021-22. During the first and the second rounds of counselling, the petitioner had not opted for the MS (Ophthalmology) course in the 4th respondent college. By Ext.P11 letter of the Commissioner for Entrance Examinations, it was pointed to the 4th respondent that the NRI seats remaining unfilled may be converted into State merit seats at the fees specified for State merit seats and that allotment can be made to those seats during the mop-up allotment. In response to Ext.P11, the 4th respondent addressed Ext.P2 letter to the Commissioner for Entrance Examinations stating that if any of the NRI (Minority) seats in the College remain unfilled on account of non-availability of candidates, the same may be converted into NRI seats and not to State merit seats. In view of Ext.P2 order of the Supreme Court dtd. 31/3/2022 in W.P.(C)No.174/2022, Ext.P3 revised schedule and guidelines were published by the Commissioner for Entrance Examinations regarding mop-up counselling for PG Medical Courses for academic year 2021-2022. In terms of Ext.P3, the State mop-up counselling for PG Medical Courses for academic year 2021-2022 was revised as under:-

(3.) The learned Government Pleader appearing for respondents 1 and 2 has filed a statement contending that though the seat in question was reserved for NRI (Minority) vide G.O.(Rt) No.197/2022/H&FWD dtd. 22/1/2022 approving the seat matrix for admissions to PG Medical Courses for academic year 2021-2022, the Commissioner for Entrance Examinations had converted the seat into NRI (Open) quota for mop-up allotment taking into consideration Ext.P12 request from the 4th respondent. It is submitted that the conversion was deemed to necessary on account of the fact that it was felt that there was no candidate available for the NRI (Minority) seat as neither the petitioner nor any other candidate had opted for the said seat in the first and second rounds of allotment. It is submitted that the decision to convert the seat was a bonafide decision of the Commissioner for Entrance Examinations to ensure that a seat in MS (Ophthalmology) would not remain unfilled. It is submitted that the 3rd respondent was granted admission to that seat following the conversion. It is submitted since no candidate had opted for NRI (Minority) seat in MS (Ophthalmology) in the 4th respondent College in the first and second rounds of allotment, the conversion of the seat into NRI (Open) and the admission granted to the 3rd respondent cannot be faulted.