High Court of KeralaSingle JudgeWrit petition dismissed.

Dr. Nimeeliya Zabrin v. Commissioner of Entrance Examination, Govt. of Kerala, Director of Medical Sciences, and Dr. Divya C. V.

Case / Petition Number:WP(C).No. 19026 of 2016 (C)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • P.B. Suresh Kumar
Judgment Date
2016-08-03
Court Decision / Holding
The writ petition was dismissed. The court held that there is no merit in entertaining the challenge to the clause at this stage and that estoppel cannot bar the exercise of discretionary jurisdiction where constitutional rights or provisions are involved. The decision of the court was to uphold the prospectus provisions and dismiss the petition.
Final Disposition
Writ petition dismissed.

Parties to the Case

Appellants / Petitioners

  • Dr. Nimeeliya Zabrin

Respondents

  • The Commissioner of Entrance Examination, Govt. of Kerala
  • The Director of Medical Sciences, Govt. of Kerala
  • Dr. Divya C.V.

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri George Poonthottam
  • • Smt. Nisha George

Counsels for Respondents

  • • Sri S. Jamal (Govt. Pleader)
  • • Sri G. Sreekumar (Chelur)

Case Synopsis & Summary

Dr. Nimeeliya Zabrin, a medical postgraduate aspirant, challenged a clause in the Kerala government prospectus governing spot allotments for PG medical courses. After ranking 650, she secured admission in MD Anaesthesia at a self-financing college through the centralised allotment. The prospectus provides for a subsequent spot allotment for remaining vacancies, but Clause 11-1.18 bars candidates who have obtained a Government merit seat in any government or self-financing college from participating in spot allotment for the same subject elsewhere, with a limited exception for government merit seats in a self-financing college enabling admission in a government college. The petitioner contended this stipulation is arbitrary and unreasonable as it defeats the very aim of a transparent, merit-based allotment, and prayed for a declaration that the clause is void and for directions to allot her MD Anaesthesia at Amala Institute of Medical Sciences. The third respondent argued that the petitioner, having accepted admission under the prospectus, cannot challenge its terms; she had previously taken MD Pathology at RCC and could be deprived of that seat if Amala allotment is granted. The court noted estoppel cannot bar constitutional challenges and considered discretionary jurisdiction but concluded there was no merit in interfering with the prospectus provisions, ultimately dismissing the petition.

Provisions of Law Cited

Clause 11-1.18 of the Prospectus for admission to Postgraduate Medical Courses 2016-17.

Legal Doctrines & Maxims

  • Estoppel is not a defence against challenges to fundamental rights or constitutional provisions.
  • Discretionary jurisdiction of the court in matters of admission and policy decisions.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner argued that Clause 11-1.18 of the prospectus is arbitrary and unreasonable as it unnecessarily restricts a candidate who has already obtained admission in a government merit seat in a self-financing college from participating in the spot allotment for the same subject in other self-financing colleges. She sought a declaration that the stipulation is void and prayed for directing the first respondent to allot her a seat in MD Anaesthesia at Amala Institute of Medical Sciences, Thrissur. The argument rests on the premise that the spot allotment mechanism must be purposively used to fill vacancies and should not unjustly bar meritorious candidates from alternative seats available in government or self-financing institutions. The petitioner also contended that enforcement of the clause would cause undue hardship and disrupt her study plans already set in motion.

Contentions of Respondents

The respondents contended that the petitioner participated in the centralised allotment without objecting to any clause of the prospectus and later sought to challenge it after securing admission. They argued that allotment should be determined by the terms of the prospectus and that permitting the petitioner’s challenge would affect the third respondent’s ability to continue at RCC. They relied on the principle that estoppel cannot bar constitutional challenges, but insisted that the petition should be declined since the clause was a policy decision within discretionary jurisdiction, and the petitioner’s conduct and admissions were inconsistent with a challenge at this stage.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Saurabh Jain v. State of Kerala2011 (1) KLT 888Mentioned OnlyCited to illustrate the principle regarding estoppel and discretionary jurisdiction, but not relied upon as the central ratio of the decision.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against Dr. Nimeeliya Zabrin v. Commissioner of Entrance Examination, Govt. of Kerala, Director of Medical Sciences, and Dr. Divya C. V. and instantly map out authorities that support, challenge, or govern your position.

Extracted Judgment Text

Exact text extracted from official judgment records.

IN THE HIGH COURT OF KERALA AT ERNAKULAM ## PRESENT: THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR WEDNESDAY, THE 3RD DAY OF AUGUST 2016/12TH SRAVANA, 1938 WP(C).No. 19026 of 2016 (C) --------------------------------------------- PETITIONER: DR.NIMEELIYA ZABRIN, D/O ASHRAF PADIYATH, PADIYATH PUTHENKATTIL HOUSE, BLOCK JUNCTION, VELLANGALLOOR P.O., IRINJALAKKUDA, THRISSUR DISTRICT. BY ADVS.SRI.GEORGE POONTHOTTAM SMT.NISHA GEORGE RESPONDENTS: 1. THE COMMISSIONER OF ENTRANCE EXAMINATION, GOVT. OF KERALA, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF MEDICAL SCIENCES, GOVT. OF KERALA, THIRUVANANTHAPURAM-695 001. 3. DR.DIVYA C.V., DEPARTMENT OF ANAESTHESIA, AMALA INSTITUTE OF MEDICAL SCIENCES, THRISSUR-680 555. R3 BY ADV. SRI.G.SREEKUMAR (CHELUR) R1 & R2 BY GOVT. PLEADER SRI.S.JAMAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-07-2016, THE COURT ON 03-08-2016 DELIVERED THE FOLLOWING: ## **APPENDIX IN WP(C).No. 19026 of 2016 (C)** PETITIONER'S EXHIBITS: EXT. P1 TRUE COPY OF THE RELEVANT PORTION OF THE PROSPECTUS EXT. P2 TRUE COPY OF THE NOTIFICATION ISSUED BY THE 1ST RESPONDENT. ## RESPONDENT'S EXHIBITS: EXT. R3(a) A TRUE COPY OF THE ALLOTMENT MEMO DATED 21.5.2016 EXT. R3(b) A TRUE COPY OF THE ADMISSION REPORT DATED 25.5.2016 /TRUE COPY/ P.S. TO JUDGE P.B.Suresh Kumar, J. ------------------------------------------ W.P.(C)No.19026 of 2016 C ------------------------------------------- Dated this the 3[rd] day of August, 2016 ## **JUDGMENT** The petitioner was a candidate appeared for the Entrance Examination conducted by the first respondent for admission to the Post-graduate Medical Courses in the Government and Private Self Financing Medical Colleges in the State for the year 2016-17. The rank of the petitioner was 650. In the centralised allotment process, the petitioner could, on the basis of her ranking, secure admission at Azeezia Institute of Medical Sciences & Research, Meyyannoor, Kollam for M.D. Anaesthesia. The petitioner joined the said Medical College after remitting the required fees. The prospectus published for selection of candidates for admission to the Post-graduate Medical Courses for the WPC 19026/16 2 year 2016-17 contained a provision for spot allotment. After the centralised allotment process, the first respondent invited candidates for the spot allotment. The petitioner though attempted to participate in the spot allotment, she was not permitted to participate in the spot allotment in view of the provision in the prospectus that the candidates who have obtained admission in Government merit seats for a course in any of the Self Financing Medical Colleges shall not be eligible to participate in the spot allotment for the same subject in any other Self Financing Medical Colleges. According to the petitioner, since she was not permitted to participate in the spot allotment, the third respondent whose rank is 690 could secure an admission in the said college for M.D. Anaesthesia. According to the petitioner, the provision in the prospectus that candidates who obtained admission in Government merit seats for a course WPC 19026/16 3 in any Self Financing Medical Colleges shall not be eligible to participate in the spot allotment for the same subject in any other Self Financing Medical Colleges is unreasonable and arbitrary. She, therefore, seeks a declaration to that effect and directions to the first respondent to allot the petitioner a seat in M.D. Anaesthesia at Amala Institute of Medical Sciences, Thrissur. 2. The third respondent has filed a counter affidavit in the writ petition. It is contended by the third respondent in the counter affidavit that since the petitioner had participated in the centralised allotment process without raising any objection as to any of the clauses contained in the prospectus, she is not entitled to challenge any clause in the prospectus after securing admission in accordance with the terms of the prospectus. It is also contended by the third respondent that she got admission earlier for M.D. WPC 19026/16 4 Pathology at Regional Cancer Centre, Thiruvananthapuram and since she could secure admission for M.D. Anaesthesia at Amala Institute of Medical Sciences in accordance with the terms of the prospectus, she joined the said college after abandoning the admission she got at Regional Cancer Centre, Thiruvananthapuram. It is stated by the third respondent in the counter affidavit that if the contention of the petitioner is accepted and the petitioner is given admission for M.D. Anaesthesia at Amala Institute of Medical Sciences, she may not be able to go back to Regional Cancer Centre, Thiruvananthapuram to continue her studies in M.D. Pathology. 3. Heard the learned counsel for the petitioner, the learned Government Pleader as also the learned counsel for the third respondent. WPC 19026/16 5 4. Clause 11-1.18 of the prospectus published by the first respondent in connection with the admission to Postgraduate Medical Courses for the current years reads thus: “Spot Allotment: This does not form the part of CAP. On the Spot allotment/admission for filling up the remaining vacant seats alone, if any, may be conducted after the completion of the online allotment process. A candidate who figures in the Rank list/Category lists prepared as per clause 10 of the Prospectus for admission to Medical PG Degree/Diploma Courses2016-17 but not joined under All India Quota seats alone is entitled to attend the Spot allotment/admission process. Candidates who have obtained admission in Government merit seats for a course in any of the Government Medical Colleges shall not be eligible to participate in the Spot Allotment for the same subject in other Government Medical Colleges. Similarly, candidates who have obtained admission in Government merit seats for a course in any of the Self Financing Medical Colleges shall not be eligible to participate in the Spot Allotment for the same subject in other Self Financing Medical Colleges. However, a candidate who got admission in Government merit seat of a Self Financing Medical College shall be permitted to take admission in the same/other subject in a Government Medical College through spot allotment. Candidates already holding a PG seat can participate in the spot allotment only after surrender of the seat held by them on or before the date prescribed by a notification to be issued by the DME/Government of Kerala. Course once alloted in the spot admission shall be final. Mere surrender/Exchange of seat in the spot admission will not be allowed.” WPC 19026/16 6 The challenge of the petitioner is against the underlined stipulation in the said clause. The case of the petitioner is that the said stipulation in the prospectus is arbitrary and unreasonable as it does not serve any purpose. The specific case of the third respondent is that the petitioner having secured admission as per the terms of the prospectus in one of the Self Financing Medical Colleges in a Government seat, she is not entitled to challenge a provision in the prospectus after the allotment process is over. It is settled that estoppel is not a defence available to the State or to anybody else when an action is challenged on the ground of violation of any fundamental right or the provisions of the Constitution. But, there is a distinction between non-suiting a petitioner approaching the legal forum on the ground of either waiver of a legal right or estoppel by conduct and declining to interfere in the matter where the jurisdiction is WPC 19026/16 7 discretionary on some well recognised principle governing such exercise of discretionary jurisdiction [See **Saurabh Jain v. State of Kerala** (2011 (1) KLT 888)]. 5. As far as the present case is concerned, the fact that the third respondent had earlier secured admission for M.D. Pathology at Regional Cancer Centre, Thiruvananthapuram is not disputed. Likewise, the fact that if the seat available for M.D.Anaesthesia at Amala Institute of Medical Sciences, Thrissur is alloted to the petitioner, the third respondent may not be able to secure admission at Regional Cancer Centre, Thiruvananthapuram is also not in dispute. Had the petitioner challenged the impugned clause before the spot allotment, the third respondent would not have been affected, by the petitioner securing admission for M.D. Anaesthesia at Amala Institute of Medical Sciences, Thrissur. In the said view of the matter, I do not think that it WPC 19026/16 8 is a fit case where the challenge against the impugned stipulation can be permitted at this stage, in exercise of the discretionary jurisdiction of this Court. In the circumstances, there is no merit in the writ petition and the same is, accordingly, dismissed. P.B.Suresh Kumar, Judge tkv