The Supreme Court on Wednesday dismissed the Special Leave Petition filed by NRI students seeking time for fresh registration in the NRI quota in Kerala before commencement of the Mop-Up counseling.
The bench led by Justice DY Chandrachud while pronouncing the judgement in the plea which had assailed Kerala High Court's order dated April 8, 2022 - which dismissed the writ appeal preferred by Kerala Private Medical College Management Association ("KPMCMA")- said, "We have dismissed the appeals for the reasons which we have indicated."
The full copy of the judgment is awaited.
On May 5, 2022, the bench had reserved orders in the plea.
In the impugned judgment, the High Court bench headed by Chief Justice S Manikumar had said,
"Since it has been pointed out that the last date for admission for MBBS course is today 08.04.2022, as per the directions issued by the National Medical Commission, the appellants cannot be given liberty to grant time for fresh registration in NRI quota. We find that sufficient time was granted to the NRI quota candidates to exercise their option. Ext. P2 list was published as early as on 24.12.2021. Therefore, the same can only mean that no eligible NRI candidate is available to exercise option. We are not inclined to grant any relief to the appellants."
This Is Computerized Process & If You Fill Up Your Option It'll Automatically Show Up: Senior Advocate Jaideep Gupta
Senior Advocate Jaideep Gupta for the State of Kerala with by referring to the the three categories in which the students were divided had said that pursuant to the categorisation, at the stage of Mop Up round, the 4 candidates who had applied for the same were required to indicate the category for which they were applying. He further submitted that the NRI students were prepared to pay NRI fees for a good standard college.
State Could Not Convert The Seats At Stage Of Mop Up Since They Still Had To Conduct The Round Of Stray Counseling; Question Of Seats Being Unavailed Under 5.5.4 Can Only Be Done After The Mop Up Rounds; 614 Registered As NRI For 385 Seats : Senior Advocate Huzefa Ahmadi
Senior Advocate Huzefa Ahmadi appearing for the NRI students submitted that the exercise carried by the State was like creating a category within the category. Emphasizing on the State flipping seats belonging to NRI category to general category at the stage of Mop Up round, Ahmadi said that the State could not convert the seats at the stage of Mop Up since they still had to conduct the round of stray counseling.
Senior Advocate Huzefa Ahmadi further submitted that at least the students who had registered the option as NRI should have been permitted to apply in different colleges.
Urging for the bench to cancel the 45 admissions that were granted by converting the seats belonging to NRI category to general category, he also submitted that there was an element of ambiguity in the entire process and was a fiddle and was done to eschew NRI candidates as they wanted to include 45 general category candidates.
This Is A Common Misunderstanding On Part Of The State & State Prospectus Does Not Provide For Conversion Of Seats. NRI Seats Are Created By Law Under Article 142 And The State Is Bound By That By Virtue : Senior Advocate Dushyant Dave
Appearing for the Kerala Private Medical College Management Association, Senior Advocate Dushyant Dave while referring to the ratio laid down in T.M.A.Pai Foundation & Ors vs State Of Karnataka & Ors, P.A. Inamdar & Ors vs State Of Maharashtra & Ors and Modern Dental College & Res.Cen. vs State Of Madhya Pradesh & Ors submitted that the State was not telling what the law was.
Terming the prospectus issued by the State consisting "adhocism", Dave said, "Even if admissions are made contrary to requirement, students need to go. State has no power or jurisdiction & state admits it in the prospectus. There are adhodicms in Kerala prospectus."
Case Details : Maha P and others versus State of Kerala and others | SLP(C) 7293/2022