AISWAYA S DUTT Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is a candidate applied for admission to the Kerala Engineering, Architecture and Medical Courses - 2019 governed by Ext.P7 prospectus, seeking to declare that petitioner is entitled to exercise her option in the 2nd phase of allotment to MBBS course in the NRI quota for admission to professional degree courses, 2019 and that the allotment of a college to the petitioner for Engineering course in the first phase of allotment is not a bar for exercising option to pursue MBBS course, as the said option was already exercised by the petitioner within the time stipulated in the prospectus, evident from Ext.P3 and for other related reliefs. Brief material facts for the disposal of the writ petition are as follows;

(2.) Petitioner has exercised her 1st and 2nd option for Engineering course and medical course respectively. Both the options were exercised on the same day as per clause 11.4.5 of the prospectus. Clause 11.4.5 of Ext.P7 permits a candidate to register for options to different streams and the only restriction is that, all options to the eligible streams will have to be registered as per the schedule. Petitioner has also opted for Engineering course as well as MBBS course within the time limit prescribed as per the prospectus, evident from Ext.P3 option list.

(3.) According to the petitioner, she has chosen to opt Engineering as the first option since she was under the impression that, her rank in the NEET examination will not enable her to secure an admission for MBBS. The sum and substance of the contention advanced by the petitioner is that, Engineering course and the MBBS course are two different streams and as such there is no inhibition in permitting the petitioner to exercise her option for MBBS course in the 2nd phase. The 2nd phase of allotment commences from 12/7/2019 and now the same is extended to 25.7.2019. But when petitioner attempted to exercise her option for MBBS course, the web portal of the 2nd respondent would not permit her to apply for option in 2 nd phase of allotment. The reasoning given by the 2nd respondent is that, petitioner cannot be permitted to exercise her option in the 2nd phase as she was already allotted a college for the Engineering course in the first allotment. The prime contention of the petitioner is that, the said reasoning is illegal in view of the provisions contained under the Prospectus for KEAM - 2019. Even though petitioner has submitted Ext.P8 representation seeking permission to opt in the second phase, the same is not considered. These are the background facts projected by the petitioner in the writ petition.