STATE OF KERALA Vs. DENNIES PAUL L.

JUDGEMENT

(1.) The appellants in W.A. No.1350 of 2025 are respondents 1 to 3, and the appellant in W.A. No.1365 of 2025 is the petitioner in W.P.(C)No. 29792 of 2024. These writ appeals are filed under Sec. 5(i) of the Kerala High Court Act, 1958, by the respective appellants, challenging the judgment dtd. 20/5/2025 passed by the learned Single Judge in that writ petition. Since the issue to be decided in these writ appeals is the same, they are heard together and are being disposed of by this common judgment.

(2.) The writ petitioner, who is working as a Nursing Officer Grade-I at District Hospital, Palakkad, appeared for the National Eligibility cum Entrance Test (NEET), 2024, for admission to the MBBS course and secured rank No.260988 at the National level and rank No.19109 in the State level. The 3rd respondent Commissioner for Entrance Examination, published Ext.P2 prospectus for admission to the professional degree course for the year 2024. Clause 5/2/10 (i) of the prospectus provides for the Allopathy nurse quota for the MBBS course. During previous years also, the writ petitioner participated in the entrance examination. In the rank list published during 2023, he secured rank 17033. In that year the rank list was published holding nursing quota as a class. But in the year 2024, a categorised list of nursing quota candidates has been published by the 3rd respondent. As per Ext.P5 final rank list published by the 3rd respondent, the writ petitioner was placed in the third place, though he secured higher marks than the candidates placed above him. Challenging the categorisation within the nursing quota as a violation of Article 14 of the Constitution of India, the petitioner approached this Court with the writ petition filed under Article 226 of the Constitution of India seeking the following reliefs:

(3.) The learned Single Judge after considering the rival submissions made at the Bar, and the pleadings in the writ petition, by holding that the order of priority will come into play only when candidates have secured the equal ranks, allowed the writ petition directing the appellants in W.A. No.1350 of 2025 to admit the writ petitioner to the MBBS course against a seat that may be vacant in respect of 2024 NEET examination and if no such seat is vacant, create a supernumerary seat to admit the writ petitioner and allow him to take up the study of second semester onwards. The writ petitioner was further directed to pay the entire fees for both semesters. When respondents 1 to 3 in the writ petition filed W.A. No.1350 of 2025 challenging the directions issued by the learned Single Judge, the writ petitioner filed W.A. No.1365 of 2025, contending that since the admission for the year 2024 was closed by 30/9/2024, the direction to admit him in that year is impractical and not implementable. He contended that the relief ought to have been moulded by the learned Single Judge to give admission in the year 2025.