S. GOPAL AADERSH Vs. STATE OF KERALA

JUDGEMENT

(1.) We would say, this is a classic case of flogging a dead horse. After a Division Bench of this Court finding the claim of the petitioner to be bad as against the admission originally asserted against Non-Keralite II [NK II] Category and then against Non-Resident Indian [NRI] Category, an Additional Secretary in the Office of Ayush (A) Department has sought to regularise the admission under the NRI quota. Ext.P11 is against the clear finding of a Division Bench of this Court,in Ext.P10.

(2.) The petitioner is said to have been admitted to the 4th respondent College in the academic year 2016-2017 for a Post Graduation in Ayurveda. The petitioner admittedly is a resident of Nagarcoil, which is in the State of Tamilnadu and is also a graduate in BAMS. The petitioner also did not attend the Entrance Examination, KEAM 2016 conducted by the Commissioner of Entrance Examinations, Kerala.

(3.) When the College sought for approval of the admissions for the subject academic year, the admission of six students were withheld as per Ext.P1, one of whom was the petitioner. We are informed that later, the other five submitted proper documents and their admissions were approved. The College was here with a writ petition specifically with reference to the petitioner's claim. Ext.P2 order was passed, wherein the petitioner was permitted to opt a research topic and allowed to participate in the examination subject to the final disposal of the writ petition. Eventually when the writ petition was heard, obviously noticing the mind of the Court, which is evident by the fact that Ext.P3 judgment speaks of detailed hearing on various dates, the petitioner College sought for withdrawal of the writ petition on the ground that they had filed an application before the Admission Supervisory Committee [for brevity, 'the Committee'] for change of category. The Standing Counsel for the Committee had resisted the prayer on the ground that such an application would not be maintainable. The Division Bench left the matter to be pursued by the College before the Committee without observing anything on its maintainability.