KUM SANJANA SUNNY Vs. ADMISSION SUPERVISORY COMMITEE; KERALA UNVERSITY OF HEALTH SCIENCES MEDICAL COLLEGE; PRINCIPAL MALABAR MEDICAL COLLEGE & RESEARCH CENTRE

JUDGEMENT

(1.) The order under challenge in all these three writ petitions is one and the same, it being a common one, dealing with the rejection of approval of Admission in the I year MBBS Course of the petitioners in the respondent Medical College, for not having found a place in the list prepared by the Commissioner for Entrance Examinations pursuant to the Common Entrance Test, under the 'category' to which they belonged. The question involved is whether the petitioners can claim the benefit as members of OBC / SEBC requiring only 40% marks in the Common Entrance Examination to get declared as eligible though they do not claim the benefit of 'reservation' and had participated in the Common Entrance Test as a 'General candidate', in turn producing no supporting documents in this regard.

(2.) As mentioned above, the petitioners participated in the Common Entrance Examination conducted by the Commissioner for Entrance Examinations, projecting their credentials as a 'General candidate', though they contend as belonging to OBC/SEBC category. Admittedly, no benefit of reservation was ever claimed. If at all any such claim was to be mooted, necessary certificates issued by the competent authority in the prescribed form, endorsed at the appropriate place in the application form, had to be made available; which has not been done.

(3.) The eligibility fixed for admission to the MBBS Course is 50% in the case of 'General category' candidates; whereas it is only 40% in the case of SC/ST & OBC/SEBC. Though the petitioners claimed that they had performed well in the examinations and had obtained the requisite extent of marks in their 'Plus Two' level and more than 50% in the core subjects (Physics, Chemistry and Biology), in the Common Entrance Test conducted by the Commissioner for Entrance Examinations, they could score only less than 50%, though above 40%. Since the petitioners did not get the requisite extent of 50% marks to get admission as a 'General candidate' in any Medical colleges even under the Management quota available to the Self Financing Colleges, they thought of obtaining admission as a member of OBC/SEBC(who only require 40% marks in the Common Entrance Test) and it was accordingly, that necessary certificates were procured and produced before the College authorities obtaining admission in the Management Quota, prior to the cut off date in respect of the academic year 2015-16 and were pursuing their studies.