BY AD v. K.M.JAMALUDHEEN

challenged the judgment dated 26.10.2023 in W.P.(C)No.35105 of 2023, by which the learned single Judge refused to entertain the writ petition seeking a writ of mandamus directing the 2nd respondent to delete from the website the vacancy position of MD Anesthesia course in the 4th respondent College i.e., Dr. Moopen’s Medical College (Formerly DMWIMS), Wayanad on the ground that in spite of the appellant having reported with the necessary documents and paying the fees for admission to the 4th respondent College within the time prescribed by the authority, the College admitted another student in PG course, namely Ms Farwa Al Bathool (who has been joined as party respondent No.5 in the present appeal).

2. Short facts that arise from the records are as under: W.A.No.1894 of 2023 4 The appellant, after completing her MBBS course in the year 2017 from the Kerala University of Health Sciences, wanted to pursue her Post Graduation, and therefore, she appeared for the National Eligibility-cum-Entrance Test (NEET) for the PG course for the year 2003 and was ranked 66502. The appellant applied for admission to PG courses at various medical colleges but was not able to secure admission in the first, second or third round of allotments. With regard to the stray vacancy admission process for the year 2023, the Government of Kerala had issued Exhibit P5 guidelines. The three different types of priority lists, i.e., Level 1, 2 and 3, were supposed to be furnished after getting the details from all the aspiring applicants. The appellant was part of the Level 2 list and as per the prospectus, the appellant was supposed to report between 19.10.2023 to 20.10.2023 (2 pm). The fact that the appellant had appeared before the 4th respondent College authorities at 1.30 p.m. on 20.10.2023 is not disputed.

3. However, by a notification dated 21.10.2023, the Government of Kerala extended the time limit for filling up the W.A.No.1894 of 2023 5 vacancies till 25.10.2023. Within that period, the 5th respondent applied for the vacancy and the 4th respondent College admitted the 5th respondent, having found her to be more meritorious than the appellant. Aggrieved, the writ petition was filed.

4. The respondents, including the College, filed their counter affidavits. It was the case of the respondents that the Medical Counselling Committee (MCC), by a notice dated

17.10.2023, extended the reporting schedule for the stray vacancy round of PG Counselling from 17.10.2023 to 25.10.2023. Therefore, all medical colleges are supposed to follow the directions issued by the MCC. Therefore, more applications were submitted and the 5th respondent, being more meritorious, came to be admitted. The learned single Judge, after considering these facts, dismissed the writ petition. Hence this appeal.

5. Learned counsel appearing for the appellant would submit that, as per the guidelines issued by the Government of Kerala, stray vacancies were supposed to be filled up before

20.10.2023. Accordingly, the appellant submitted her application W.A.No.1894 of 2023 6 in time and ultimately got admission to the PG course and therefore her admission could not have been cancelled. He would submit that the 5th respondent had supplied the details only on

23.10.2023, i.e., beyond the period initially granted by the Government of Kerala. As the appellant had been admitted and had paid the required fees, the vacancy was no longer available and the 5th respondent could not have been admitted. The learned counsel, therefore, would submit that the writ appeal be allowed and the prayers in the writ petition be granted.

6. On the other hand, learned counsel appearing for the 4th respondent Medical College would submit that while the College was in the process of finalising the admission, it received an e-mail from the Commissioner for Entrance Examinations (produced as Anneuxre R4(b)), by which the College was informed that as per the notice of MCC, the PG Counselling stray vacancy filling (PG Medical and Dental) is extended up to 25.10.2023, 4 pm. Having received this communication along with notice dated 17.10.2023 issued from the office of the MCC (produced as Annexure R4(c)), W.A.No.1894 of 2023 7 the 4th respondent had to abide by the direction and permit other candidates to submit their application. Accordingly, the 5th respondent submitted her application, and it was accepted. The 5th respondent, being more meritorious and having secured higher rank in NEET, came to be admitted. He, therefore, would submit that the appeal be dismissed.

7. We heard learned counsel appearing for the respective parties.

8. It is true that initially, the aspiring applicants were supposed to report before 20.10.2023, and accordingly, the appellant appeared and was permitted to pay her fees for admission to the stray vacancy at the 4th respondent College. However, at 4 pm on the same day, the College received an e-mail along with a notice from MCC (Exhibits R4(b) and R4(c)) by which the College was informed that the time for filling stray vacancy was extended up to 25.10.2023. Accordingly, a notice was also issued by the Government of Kerala on 21.10.2023 (Exhibit P7), extending the time up to 25.10.2023. Therefore, it is clear that W.A.No.1894 of 2023 8 the College had proceeded with the admission process up to

25.10.2023 as directed by the MCC. Learned counsel for the appellant is unable to produce any provision indicating that the MCC has no authority to extend the period for filling up the vacancies in any course, including the PG medical course. As the time stood extended up to 25.10.2023 and the 5th respondent being more meritorious than the appellant, who had appeared on 23.10.2023, i.e., during the extended period, we are of the considered opinion that the respondent authority has committed no error in admitting the 5th respondent. Hence the appeal is dismissed. Pending interlocutory applications, if any, shall stand closed. Sd/- A.J. Desai Chief Justice Sd/- V.G. Arun Judge W.A.No.1894 of 2023 9 APPENDIX OF WA 1894/2023 PETITIONER ANNEXURES Annexure A TRUE COPY OF THE PROSPECTUS ISSUED BY THE 1ST RESPONDENT VIDE NO-G.O(MS) NO- 112/2023/ H & FWD DATED THIRUVANANTHAPURAM 10-5-2023 Annexure B TRUE COPY OF THE FIRST PAGE OF THE OFFICIAL WEBSITE OF THE 3RD RESPONDENT RESPONDENT EXHIBITS EXHIBIT R 4(a) True copy of Guidelines dated 17-10-2023 issued by 3rd respondent EXHIBIT R 4(b) True copy of print out of email received from 3rd respondent on 20-10-2023 EXHIBIT R 4(c) True copy of Notice dated 17-10-2023 issued by MCC, Directorate General of Health Services, Government of India EXHIBIT R 4(d) True copy of Bio-data of Appellant submitted on 25-10-2023 along with check list of documents EXHIBIT R 4(e) True copy of rank list uploaded by 4th respondent