Kerala High Court in Najma P.M vs Commissioner For Entrance on December 15, 2020, directed that though several of the candidates, NEET (UG), ranked juniors to the petitioner, have got admission in the state quota, a further opportunity to participate in another round of allotment is not permissible for the petitioner, in the light of the provisions in the Regulations as well as the judgment of the Apex court.
Brief Facts of the Case
The petitioner had appeared on the 15th day of December 2020 in the NEET(UG) Examination and secured All India rank no.11837 and Kerala State Medical rank no.1695. She belongs to the Muslim community which is in the category of OBC. In the first round of counseling against 15% seats in the All India quota, she was allotted a College in Andaman, and in the 2nd round of counseling, she was allotted a seat in Karwar Institute of Medical Sciences, Karwar, Karnataka and she joined there.
It is stated that meanwhile, based on an allotment in the State quota she was allotted to Amala Medical College Trissur and she had joined there. The petitioner points out that the Commissioner for Entrance Examination has released the 2nd allotment list under the KEAM after receipt of the surrendered seats to the State and in Ext.P8 list 24 candidates ranked below the petitioner, starting from rank no.1701 have been allotted seats in Government Medical Colleges in Kerala.
The petitioner points out that those candidates, NEET (UG), are allotted to colleges to which she had submitted option in Ext.P7 and therefore denial of allotment to the petitioner in any of the seats in preference to the candidates ranked below her is illegal. The petitioner, therefore, seeks a direction to the respondents to allow the next seat falling vacant in any of the Government Medical Colleges in Kerala.
Submission of the Petitioner
According to the petitioner, Karwar Institute of Medical Sciences, Karwar, Karnataka was her 65th choice under the All India quota. According to her the injustice done to her could have been avoided in case the seats reverted to the State from the All India quota were offered to candidates like petitioner based on their higher option and only the remaining seats should have been reverted to the State.
Pointing out Ext.P11 notification for mop-up counseling petitioner seeks a direction to allot her a seat in colleges of her higher option as the denial of an opportunity to the petitioner for admission in any of the Government Medical Colleges in Kerala is illegal.
Submission of the Respondent
According to the submission of the respondent, the counseling for admission under the All India quota is governed by Appendix F of Graduate Medical Regulations 2019. As per Appendix F schedule is fixed for each of the steps starting from the date of examination up to the date of joining. On account of the COVID-19 pandemic, the schedule has been modified for admission in 2020.
The transfer of non-reporting and non-joining vacant seats to the state quota was scheduled to be completed on 8th December 2020. Appendix F itself further provides that All India quota seats which remained vacant after the last date for joining would be deemed to be converted into the state quota. The table has given under Clause 5 of the Appendix, further provides for a matrix that should apply concerning the permissibility to the students to exercise fresh choice during counseling. As per the said matrix, if a candidate has joined under the All India quota in the 2nd round he/she would be ineligible for further counseling.
Observation of the Court
The Court observed that the respondents have conducted the counseling following the Graduate Medical Education Regulations 2019 as well as in tune with the directions and decisions of the apex court. As per the provisions contained in Appendix F, further counseling is not permissible once the petitioner has been admitted in the 2nd round of counseling under the All India quota.
Order of the Court
Though, several of the candidates ranked juniors to the petitioner have got admission in the state quota, a further opportunity to participate in another round of allotment is not permissible for the petitioner, in the light of the provisions in the Regulations as well as the judgment of the apex court.
Click here to read the judgment.
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