LAWS(KER)-2019-7-200

POOMULLI NEELAKANDAN NAMBOODIRIPAD MEMORIAL AYURVEDA MEDICAL COLLEGE Vs. ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL COLLEGES

Decided On July 16, 2019
Poomulli Neelakandan Namboodiripad Memorial Ayurveda Medical College Appellant
V/S
ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL COLLEGES Respondents

JUDGEMENT

(1.) The 1st petitioner is a Self-financing Ayurveda Medical College. Petitioners 2 and 3 are students admitted to the 2017-18 BAMS Course in the 1st petitioner College to the 15% seats reserved for Non-Resident Indian (NRI) students. The 1st respondent Admission Supervisory Committee for Professional Colleges ('the Committee' for short) had called upon all Self-financing Ayurveda, Unani and Siddha Medical Colleges in the State to submit the list of admitted candidates with supporting documents, to establish their right of claim for admission to the BAMS/BUMS/BSMS course, 2017-18, maintaining merit, transparency and academic excellence. Accordingly, the 1st petitioner submitted the list of students along with relevant documents. As per Ext. P3 communication, the Committee approved the admission of all students, except petitioners 2 and 3. The admission of petitioners 2 and 3 under NRI quota was withheld for the reason that they had not produced the employment details/embassy certificate/visa copy of the sponsor, for establishing their right of claim for admission. Thereupon, petitioners 2 and 3 furnished certain documents which, according to them, would satisfy the requirements mentioned in Ext. P3. By Ext. P13 communication, the Committee directed production of the originals of the employment certificates in respect of Aswathy Dileep, the sponsor of the 3rd petitioner, and Aksar Ali Vaisisar, the sponsor of the 2nd petitioner. The Principal of the 1st petitioner College submitted Ext. P14 reply pointing out that the 3rd petitioner had informed that her sponsor had lost the original employment certificate and the 2nd petitioner had requested for few more days' time to submit the original. Later, the original employment certificate of the 2nd petitioner's sponsor was produced.

(2.) The writ petition was filed on publication of Ext. P16 notification by the 2nd respondent University, announcing the examination time table for the first year BAMS course. The prayers in the writ petition are as follows:-

(3.) This Court, by interim order dated 01.10.2018, directed the 2nd respondent to grant registration to petitioners 2 and 3 provisionally for the BAMS degree course for the year 2017-18 subject to the condition that they shall satisfy the first respondent as to the genuineness of their certificates and obtain approval from the said authority, as expeditiously as possible, and at any rate, within a period of one month from the date of receipt of the copy of the order.