The Kerala High Court on Thursday directed the competent authority to keep the online portal for MBBS Admission for the academic year 2022-23 open for a period of 10 more days for those candidates who intend to opt for the NRI quota.
Justice Devan Ramachandran observed that since the results of the NEET examinations have not yet been published and candidates were still allowed to opt for other or additional subjects, students who desire to opt for the NRI quota should not be withheld from doing so.
"The results of the NEET examinations have not yet been published and candidates are even now allowed to opt for other or additional subjects. When these factors not controverted, I fail to understand how the verification process can be delayed merely because candidates are allowed to opt for the NRI seats also. This is particularly when, as is admitted, they are allowed to add required courses in the already submitted applications."
Senior Advocate Kurian Goerge Kannanthanam appeared for the petitioners and submitted that they were constrained to approach the Court because the Commissioner for Entrance Examinations had refused to grant them another opportunity to modify their option for being included in the NRI Quota for admission to the MBBS Course in the year 2022-23.
The Commissioner for Entrance Examination submitted a statement before the Court stating that the candidates have been allowed to change their subjects or to add on to it in supplementation of their original options, but when it comes to NRI seats, it would cause a delay in the verification process.
The petitioners, however, argued that this excuse given by the Commissioner could only be seen as that and nothing more since the results of the NEET examinations have not been even yet published.
Government Pleader, Advocate P.G. Pramod, conceded that the candidates who have already submitted applications are allowed to add required courses as per their eligibility. He submitted that, however, if the candidates are now allowed to opt for the NRI seats also, it would cause unnecessary delay in the verification process.
The Court sided with the argument raised by the petitioners and observed that since the results of the NEET examinations have not yet been published and candidates are still permitted to opt for other or additional subjects, it was unlikely for the verification process to be delayed merely because candidates are allowed to opt for the NRI seats.
Thereby, the Court granted 10 more days from 5.08.2022 to the candidates to make options to the NRI Quota. The Court has directed to keep the Online Portal open for 10 more days.
The Court further clarified that it has not decided upon the entitlement of petitioners or any other person to be granted the benefits under the NRI quota; and that this will be subject to all requisite and mandatory criteria being satisfied by them, notwithstanding the permission to make an option as granted above.
Case Title: Fathima S & Ors. v. State of Kerala & Anr.
Citation: 2022 LIiveLaw(Ker) 413