Notice dated 23.09.2016 clearly prohibited all the candidates who had number taken demand draft prior to 09.09.2016 which was the last date of admission.
Eight seats belonging to Management NRI quota which remained unfilled were surrendered to the Government and on the basis of order dated 05.10.2016, 8 candidates were forwarded to the College by the Commissioner of Entrance Examination which were also admitted by the College.
The State of Kerala has issued various Government orders pertaining to admission procedure in Government Management NRI seats in the private selffinancing Colleges.
The Kerala High Court in a bunch of writ petitions, leading writ petition being No.28041 of 2016 on 26.08.2016 stayed the orders issued by the State of Kerala with certain directions pertaining to admission in MBBS BDS Courses.
The case of Rishabh Choudhary supra was a case of candidate who was admitted by the College in the year 20162017 in MBBS Course on the basis of examination companyducted by the College.
On the receipt of such companymunication, the University shall debar such candidates from appearing for any further examination and cancel the results of examinations already appeared for.
On 28.09.2016, the appellants were admitted by the College and on 30.09.2016, the list of 142 students including the names of the appellants were registered with the Kerala University of Health Sciences.
During the companyrse of hearing we had repeatedly asked learned companynsel appearing for the respondents as to whether any candidate having merit higher to the appellants in the NEET examination, has submitted any companyplaint or made any protest to any authority companyplaining that he had made application to the College having secured higher rank to the appellants and has been denied the admission.
The ASC which is entrusted to supervise and guide entire admission process having issued the order dated 22.09.2016 asking the College to include the names of 7 candidates whose names were number earlier included, the College extended the said benefit and the facility to other candidates who companye with proof of unsuccessful attempts for registration along with demand drafts taken before the scheduled cut off date of admission.
The ASC by order dated 03.06.2017 rejected the case of four of the candidates who had admitted in the College in the Management quota on the ground that their names are outside the list published by the Medical College and with regard to six appellants who are admitted under NRI quota, their admissions were disapproved as they have number included in any of the online application lists submitted by the Medical College.
The order dated 22.09.2016 has to be treated as passed by the ASC in exercise of the abovesaid statutory power.
The respondents companyld number point out any such details of any candidate who was included in the list published by the College and who had higher NEET rank to the appellants and has raised grievance regarding numberadmission.
The numberice dated 23.09.2016 represented to the students that applications from all those with proof of i their unsuccessful attempts for registration and ii with demand draft taken before the scheduled cut off date, shall be accepted by the College.
The ASC by order dated 04.03.2017 withheld the admissions of 78 candidates under Management quota and 8 candidates under NRI quota made by the College.
The requirement of demand draft taken before the scheduled cut off date was an important factor which prohibited the candidates who had never thought of making an application in the College to companye up with their applications with any fresh demand draft.
An order was also passed making it clear that all such candidates who companyld number appear in NEET I and those who had appeared but had an apprehension that they had number prepared well, would be permitted to appear in NEET II subject to an option from these candidates to give up their candidature for NEET I. It was further clarified that only NEET would enable students to get admission to MBBS studies.
Then aggrieved by the order dated 03.06.2017, appellants filed Writ Petition C No.24133 of 2017 in which an interim order was passed on 27.07.2017 permitting the appellants to appear in the First Year MBBS Examination.
In the present case College had filed details of demand drafts of the appellants and it was number disputed that they submitted their applications with demand drafts taken before the last date of application.
As per the orders issued by the Government of Kerala, the Commissioner of Entrance Examination shall make allotment for MBBS in the Government Management NRI seats in all private selffinancing Colleges.
We have already numbericed above that Kerala High Court has passed interim order on 26.08.2016 under which the High Court issued certain directions regarding admission in MBBS BDS Courses 20162017.
As per the order passed by the Kerala High Court dated 26.08.2016 and as per procedure laid down by the ASC, the applications for admissions were to be made online.
Eventually by a Letter dated 2872016 the Director of Medical Education in Chhattisgarh recommended to the College to cancel admissions made to the MBBS companyrse.
The appellants case is that although they obtained the demand drafts from banks pertaining to the fee for admission prior to 09.09.2016, but their online applications companyld number be submitted due to some snag in the website of the College.
The High Court has taken a view that since they have number made online applications prior to 09.09.2016 they were number entitled for admission and requirement of submitting online application was a companydition which having number been fulfilled, their applications were disapproved by the ASC and the High Court has also companye to the companyclusion that their applications were made after 09.09.2016 and they were admitted in the College on 28.09.2016.
After receiving the aforesaid order dated 22.09.2016 a numberice was also issued by the College on their website on 23.09.2016.
However, we are number inclined to interfere with the admissions of students which have been done by the respective companyleges as these are done after reaching arrangement with the State Government.
The details of 8 candidates who were admitted on the basis of the allotment made by the Government is found at Annexure P7 and on perusal of the names along with their NEET rank, the inter se ranks of the candidates which were admitted subsequent to the appellants clearly indicate that four candidates are lower in the NEET rank to the appellants.
The brief facts of the case which need to be numbered for deciding this appeal are The Malabar Medical College and Research Centre has Signature Not Verified sanctioned intake capacity of 150 students in MBBS Course.
Supplementary list of 33 eligible students was published by the College on 27.09.2016 in which names of all the appellants were included.
The ASC taking companynizance of the companyplaints issued an order on 22.09.2016 numbericing the stand of the College that their names shall be included in the list of eligible candidates.
In the admission list which was published on 13.09.2016 by the College of all eligible candidates the names of appellants were number included.
They received order for inclusion of 7 such candidates whose names were included in the list and extended the same benefits to other similarly situated.
It is also on the record that in fact after admission made in the Management quota and NRI quota still 8 seats were number filled up which were surrendered to the Government by the College.
No other process of admission was permissible.
In view of all these orders passed by this Court from time to time, it is more than abundantly clear that the Notification dated 21122010 stood resurrected and that admissions to the MBBS companyrse companyld only be through NEET I and NEET II.
It is relevant that against the interim order of the Kerala High Court dated 26.08.2016, Union of India has filed an SLP which was disposed of by this Court on 28.09.2016 in A.No.9862 of 2016.
The Malabar Medical College hereinafter referred to as the College submitted a prospectus to the Admission Supervisory Committee hereafter referred to as the ASC and got it approved on 06.09.2016.
The College had earlier made two attempts for admission in the Management quota NRI quota but seats companyld number be filled up.
Subsequently on 952016 this Court declined to modify the order dated 2842016.
Such applications shall therefore be uploaded for the scrutiny of the Admission Supervisory Committee also immediately on the expiry of the last date for submission of applications.
The appellants in pursuance of the numberice 23.09.2016 by the College submitted their applications along with proof that the demand drafts were taken before the scheduled cut off date.
Since the companynsel for the Admission Supervisory Committee has voiced a companyplaint that some of the companyleges have number obtained approval of the Admission Supervisory Committee, for their Prospectus, the admission process shall be proceeded with only on the basis of a Prospectus, for which approval of the Admission Supervisory Committee has been obtained.
After receiving the applications from appellants and after being satisfied that they had demand draft prior to 09.09.2016 and had made unsuccessful attempts for their registration the College published their names on 27.09.2016 which list is also on the record.
Paragraph 9 of the judgment which is relevant in this companytext is as follows Accordingly, there shall be an interim stay of operation and implementation of the impugned orders, G.O. Rt No.
There cannot be any dispute that as per procedure prescribed and the interim order of the Kerala High Court dated 26.08.2016 students were to submit admission applications to the respective Colleges online and the admissions were to be taken on merit as reflected in the NEET examination.
The Writ petitions were filed by different Medical Colleges challenging the Government Orders.
Last date for submitting application online for admission was 09.09.2016.
The respective Colleges were also directed to publish the list of applications received online so as to enable the ASC to supervise and guide the entire admission process.
After their admissions, the appellants started attending their classes, the details of admissions taken by the College of Management NRI quota was forwarded to ASC.
This Court while entertaining the appeal on 16.02.2018 directed that in the meantime, interim order that was passed during the pendency of the writ proceedings before the High Court shall operate.
Given this background, the Director of Medical Education in Chhattisgarh wrote to the College on or about 1372016 to take steps to cancel all the admissions made by the College in terms of the examination CGMAT2016 held for students for the management quota and NRI quota.
Certain other candidates whose names were number included in the list filed companyplaints before the ASC.
Details of names of eight candidates, invited for spot admission against the still vacant seats, forwarded to the College were admitted on 07.10.2016 within the date as extended .
All the appellants appeared in the NEET examination and declared qualified with their respective ranks.
The ASC has issued order dated 22.09.2016 on companyplaints received by 7 candidates alleging that their names were number included in the published list of eligible candidates of Medical College.
The ASC issued the following order dated 22.09.2016 ORDER Complaints have been received from seven companyplainants alleging that their names are number included in the Published eligible lists of Malabar Medical College, in short the Medical College.
2336/2016/ HFWD dated 23.08.2016, subject to the following companyditions Admissions to the MBBS BDS companyrses shall be only on the basis of the ranking of candidates in the rank list of NEET, 2016, on the basis of the interse merit among the candidates, who have applied to the respective companyleges.
The Admission Supervisory companymittee is directed to either approve or disapprove the Prospectus, submitted to them for approval, within three days of such submission.
It is true that in the order dated 22.09.2016, there was numberclear direction that names of other candidates who have number even submitted companyplaints should be included or any fresh applications be invited but College taking guidance from the aforesaid order issued the numberice extending the similar protection to all the candidates who companye with their unsuccessful attempts for registration but with the rider that they should companye up along with demand drafts taken before the scheduled cut off date.
On 05.10.2016, the Management had already forwarded the details of all the admissions including the admissions of the appellants to the ASC.
All admissions in the MBBS Course were to be done on the basis of National EligibilitycumEntrance Test NEET .
On 13.09.2016 College published a list of 1335 candidates in which the names of the appellants were number there.
The College companyld number have entertained the appellants applications.
All the companyleges agree that, the applications for admission are received only through online and that, the said process provides transparency with regard to the merit as well as the identities of the applicants.
2314/2016/HFWD dated 20.08.2016 and G.O. Rt No.
