High Court of KeralaDivision Bench2019-05-27Writ petition dismissed in limine; costs to be ...

Dr. Shareen P. v State of Kerala and Others

Case / Petition Number:WP(C).No. 14431 of 2019

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: K. Vinod Chandran, J.
V. G. Arun, J.
Judgment Date: 2019-05-27
Court Decision / Holding: Writ petition dismissed in limine; the court left the parties to bear their own costs.
Final Disposition: Writ petition dismissed in limine; costs to be borne by petitioner.

Parties to the Case

Appellants / Petitioners

Dr. Shareen P.

Respondents

State of Kerala represented by its Secretary to the Department of Health and Family Welfare
Commissioner for Entrance Examinations
Chairman, Admission Supervisory/Fees Regulatory Committee for Professional Colleges
Principal, Valanchery-Nilambur Road, Palachode Post, Perinthalmanna, Kolathur
Kerala University of Health Sciences

Legal Representation & Advocates

Counsels for Petitioners

• Sri. A.A. Ziyad Rahman

Counsels for Respondents

• Sri. Mary Benjamin, SC
• Sri N. Manu
• Smt. Wahida Babu

Case Synopsis & Summary

The petitioner, Dr. Shareen P., sought admission to the MD Microbiology (Post Graduate) course in the 4th respondent college where a vacancy existed. She contended that although she did not figure first on the initial merit list, the Medical Council of India (MCI), in consultation with the Central Government, reduced the qualifying cut-off for eligibility, enabling her inclusion in the mop-up/admission list. By the time the petitioner could act on this, the mop-up admissions had closed and the Commissioner of Entrance Examinations issued Ext.P5 with an Ext.P6 list on 15.05.2019 directing candidates to appear by 18.05.2019. The petitioner, who was in the late stage of pregnancy (delivery due 06.06.2019) and fell ill in the interim, sought an extension of the deadline and admission to the vacant seat. The 4th respondent argued that there was a vacancy only after the last date of admissions, while the Senior Government Pleader contended that extending the date would violate the Medical Council Regulations and the amended time-schedules (up to May 2018) governing PG medical admissions. Relying on a Supreme Court decision in Association of Private Medical and Dental Colleges of Chhattisgarh v. State of Chhattisgarh (AIR 2017 SC 2879), the Court stressed strict adherence to the schedule and rejected extensions. Even though the petitioner presented medical reasons, the Court held no valid basis to extend beyond the prescribed dates and dismissed the petition in limine with costs.

Provisions of Law Cited

Medical Council of India, Post Graduate Medical Education Regulations, 2000 as amended upto May 2018Gazette of India notification dated 14 January 2016 (last date up to which admissions could be joined)Gazette notifications amended on 20 February 2018 and 05 April 2018 (last date of joining fixed as 18 May)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contended there was a vacancy in the 4th respondent college and she could be admitted if the deadline was extended. She argued that the MCI and Central Government’s lowering of the eligibility cut-off enabled her inclusion in the merit list. Since she was in advanced pregnancy and fell ill, she requested an extension of the admission date beyond 18.05.2019, arguing that equity and the changed regulatory stance warranted flexibility. She relied on Exts. P5–P7 to show the revision in eligibility and the medical condition hindering her appearance.

Contentions of Respondents

The respondents argued that the admissions process had to follow the rules and schedules prescribed by the MCI PG Medical Education Regulations, 2000 (as amended up to May 2018). They asserted that mop-up admissions were completed and that the extended date would violate the regulatory timetable, particularly the 18 May deadline. They also relied on the Supreme Court precedent in Association of Private Medical and Dental Colleges of Chhattisgarh v. State of Chhattisgarh (AIR 2017 SC 2879) to contend that no extension could be granted regardless of reason.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Association of Private Medical and Dental Colleges of Chhattisgarh v. State of Chhattisgarh and Others	AIR 2017 SC 2879	Positive	The court relied on this decision to hold that the schedule for admissions must be strictly followed and that there can be no extension of time for admissions, even for reasons such as pregnancy or illness.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT** **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** **&** ## **THE HONOURABLE MR.JUSTICE V.G.ARUN** **MONDAY, THE 27TH DAY OF MAY 2019 / 6TH JYAISHTA, 1941** ## **WP(C).No. 14431 of 2019** ## **PETITIONER/S:** **DR.SHAREEN.P, AGED 30 YEARS D/O. ADV. ZAFARULLA P.M, PULLENCODE HOUSE, MAS HOUSING COLONY, VYAPARAPPADI, MANJERI, MALAPPURAM DISTRICT, PIN-676 121** **BY ADV. SRI.A.A.ZIYAD RAHMAN** ## **RESPONDENT/S:** - **1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM-695 001** - **2 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS. HOUSING BOARD BUILDING, SANTHINAGAR, THIRUVANANTHAPURAM, PIN-695 001** - **3 THE CHAIRMAN, ADMISSION SUPERVISORY/FEES REGULATORY COMMITTEE FOR PROFESSIONAL COLLEGES, T.C. 15/1553-4, PRASANTHI BUILDINGS, M.P. APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 001** - **4 THE PRINCIPAL, VALANCHERY-NILAMBUR ROAD, PALACHODE POST, MALAPARAMBA, PERINTHALMANNA, KOLATHUR, KERALA-679 321** - **5 KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O, THRISSUR, KERALA INDIA, PIN-680 596, REPRESENTED BY ITS REGISTRAR.** - **BY ADV. SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR PROF. COLLEGES GP SRI N.MANU, SMT WAHIDA BABU** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.05.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No. 14431 of 2019** 2 ## **JUDGMENT** ## **K.Vinod Chandran,J.** The petitioner seeks admission to the Post Graduate course in Microbiology (M.D) in the 4[th] respondent College, where there is admittedly a vacancy. The petitioner submits that the petitioner did not figure first in the list published by the Commissioner of Entrance Examinations for allotment to the various medical colleges to their Post Graduate courses. However, later, the Medical Council of India (MCI) in consultation with the Central Government reduced the cut-off percentage for eligibility, which facilitated her inclusion **WP(C).No. 14431 of 2019** 3 in the list for admissions. However, by that time, even the Mop-Up admissions were over and the Commissioner of Entrance Examinations issued a Notification as per Ext.P5 with a list at Ext.P6 on 15.05.2019. The candidates, who figure in the list were directed to appear before the respective Colleges on or before 18.05.2019. 2. The petitioner submits that the petitioner was unable to appear before the Colleges, since she had been in an advanced stage of pregnancy; her delivery date being due on 06.06.2019 and also taken ill in the intervening days. The petitioner seeks extension of date and also contends that there is a vacancy in the 4[th] respondent College, in which she could be admitted. 3. The learned Counsel appearing for the 4[th] respondent College submits that, in fact, **WP(C).No. 14431 of 2019** 4 there is a vacancy after the last date of admissions on 18.05.2019. 4. The learned Senior Government Pleader, however submits that the extension if granted would go against the prescriptions made by the Medical Council of India, Post Graduate Medical Education Regulations, 2000 as amended up to May, 2018. It is submitted that the entire admission process was initially over by 06.05.2019, on which date the Mop-Up admission was also carried out. Later, as submitted by the petitioner, when the cut-off percentage was lowered, a fresh list was published, which necessitated the admissions before 18.05.2019, which is the last date as stipulated in the Regulations of the MCI. 5. The learned Counsel would also rely on a decision of the Hon'ble Supreme Court **WP(C).No. 14431 of 2019** 5 reported in _**Association of Private Medical and Dental Colleges of Chhattisgarh**_ v. _**State of Chhattisgarh and Others [AIR 2017 SC 2879]**_ , in which it had been categorically directed that what ever be the reason for the vacant seats in Medical Colleges, the schedule has to be strictly followed and there can be no extension of time granted. The Hon'ble Supreme Court has also time and again frowned upon the extension of time granted by any authority or this Court, in violation of the stipulations in the schedule for admission. 6. We took up the matter for final hearing, since it is submitted that after 31.05.2019, there could be no admissions carried on and since one seat is vacant in the 4[th] respondent College, the petitioner could be granted admission to that vacant **WP(C).No. 14431 of 2019** 6 seat. 7. The learned Senior Government Pleader has given us a copy of the Regulations of 2000 as amended upto May 2018. The stipulation of 31[st] May was insofar as a Notification published in the Gazette of India on 14.01.2016, which was the last date, upto which students can be admitted or joined against vacancies arising due to any reason. The same has been amended and the time schedule with regard to Board Specialty has been substituted by a new schedule in terms of Notification published in the Gazette of India on 20.02.2018 and 05.04.2018, which specifies the last date of joining as 18[th] May of a particular year. In such circumstances, there can be no contention taken that the admissions are open till 31.05.2019, in view of the amended schedule. **WP(C).No. 14431 of 2019** 7 8. Further, we notice that even according to the petitioner, the petitioner had appeared before the College on 20.05.2019, after the last date prescribed on 18.05.2019. The petitioner would rely on Ext.P7 to contend that she was suffering from fever and vomiting and was advised bed rest for four days from 16.05.2019. We do not think that the reason cited by the petitioner for not having appeared before the College either by herself or by an authorised representative with necessary certificates, is valid and can be taken note of for the purpose of extending the date. We also are bound by the prescriptions made by the Hon'ble Supreme Court, insofar as scrupulously following the schedule as prescribed by the MCI. **WP(C).No. 14431 of 2019** 8 We hence the dismiss the writ petition _in limine_ , leaving the parties to suffer their respective costs. **Sd/-** **K.VINOD CHANDRAN JUDGE** **Sd/V.G.ARUN JUDGE** SB/27/05/2019 **WP(C).No. 14431 of 2019** 9 ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** - **EXHIBIT P1 TRUE COPY OF THE DEGREE CERTIFICATE DATED 23.12.2015 ISSUED TO THE PETITIONER.** - **EXHIBIT P2 TRUE COPY OF THE CERTIFICATE DATED 10.08.2015.** - **EXHIBIT P3 TRUE COPY OF THE SCORECARD ISSUED BY THE 2ND RESPONDENT IN FAVOUR OF THE PETITIONER.** - **EXHIBIT P4 TRUE COPY OF THE LIST PUBLISHED BY THE 2ND RESPONDENT** - **EXHIBIT P5 TRUE COPY OF THE NOTIFICATION DATED 15.05.2019.** - **EXHIBIT P6 TRUE COPY OF THE RELEVANT PAGE OF THE STATE MERIT LIST PUBLISHED BY THE 2ND RESPONDENT WHICH CONTAIN THE NUMBER OF THE PETITIONER AS SL NO. 3915.** - **EXHIBIT P7 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 16.05.2019.** - **EXHIBIT P8 TRUE COPY OF THE E-MAIL COMMUNICATION DATED 20.5.2019.** - **EXHIBIT P9 TRUE COPY OF THE E-MAIL DATED 21.05.2019. EXHIBIT P10 TRUE COPY OF THE COMMUNICATION DATED 24.05.2019 ISSUED BY THE 3RD RESPONDENT.** - **EXHIBIT P11 TRUE COPY OF THE NOTIFICATION OF ADMISSION SCHEDULE DATED 5.3.19** ## **// TRUE COPY //** **P.A TO JUDGE**