FATHIMA.S. Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to declare that the seats which are reverted to the State quota as seen in Ext.P5 are liable to be included in the 2 nd round of allotment process of State quota of admission to Speciality Post-Graduate Courses in Dental Surgery (MDS - Master of Dental Surgery) for the year 2018-19 and the said options are to be reflected in the website of 2 nd respondent prior to the completion of 2nd round of allotment process of State quota i.e. 16.05.2018, and for other consequential reliefs. Material facts for the disposal of the writ petition are as follows:

(2.) Petitioner is a BDS graduate from the Kerala University and a candidate applied for admission to the aforesaid course for the year 2018-19. She appeared for the National Eligibility-cum-Entrance Test (NEET) 2018-2019, and successfully cleared the said examination. The All India 50% quota rank of the petitioner is 101 and All India 50% Quota category rank of the petitioner is 40, as per Ext.P1. Petitioner is also included in the merit list prepared for filling up of MDS seats in Kerala State Quota, as per Ext.P2 data sheet of the petitioner for the year 2018-19. In the said list, the rank of the petitioner is 21.

(3.) Even though petitioner had secured high rank, she did not get seat in the first allotment. Hence, the petitioner decided to add or change or update the options submitted by her. But the petitioner was unable to find seats in any of the Government colleges despite the vacancy existed in the said colleges. It is also submitted that, for the seats in the Government colleges in Kerala, there are two categories. One is All India quota and the other is State quota. The seats of the former category were not included in the allotment process conducted by the Commissioner of Entrance Examinations, Kerala and only the seats in the State quota were included in the said allotment process as per Ext.P4 Prospectus. The seats of the All India quota were not included in the State list as per the rules and regulations provided in Clause 6.1.1 of Ext.P4 Prospectus. Therefore, according to the petitioner, petitioner opted only for the seats in State quota and not for the seats in All India quota.