Farhana Jasmink v. State of Kerala & Others

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V MONDAY, THE 4[TH] DAY OF SEPTEMBER 2023 / 13TH BHADRA, 1945 WP(C) NO. 25921 OF 2023`** ``` PETITIONER: ``` ``` FARHANAJASMINK,AGED21YEARS D/o.MUSTHAFA,KOOTHUMADANHOUSE, KOTTAKKALKUTTIPURAMP.O,MALAPPURAMDISTRICT, - PIN676503 BYADVS. K.JAGADEESH V.RENJU NIKHELKGOPINATH RESPONDENTS: 1STATEOFKERALA REPRESENTEDBYITSSECRETARYTOGOVERNMENT, HEALTHANDFAMILYWELFAREDEPARTMENT, - SECRETARIAT,THIRUVANANTHAPURAM.,PIN695001 2DIRECTOROFMEDICALEDUCATION OFFICEOFTHEDIRECTOROFMEDICALEDUCATION, - MEDICALCOLLEGEP.O,THIRUVANANTHAPURAM,PIN695011 3THECOMMISSIONERFORENTRANCEEXAMINATION 7THFLOOR,KSRTCTERMINALCOMPLEX,THAMPANOOR, - THIRUVANANTHAPURAM,PIN695001 4DIRECTORATEGENERALOFHEALTHSERVICES, THEMEDICALCOUNSELLINGCOMMITTEETHROUGHOFFICEOF ADGI(ME),NIRMANBHAVAN,CENTRALSECRETARIAT, - NEWDELHI.,PIN110108 5THENATIONALMEDICALCOMMISSION REPRESENTEDBYCHAIRPERSON,DATADEVMANDIRROAD,DWARAKA, - NEWDELHI,PIN110077 BYADVS. ADVOCATEGENERALOFFICEKERALA TITUSMANIVETTOM SRI.P.G.PRAMOD,GOVERNMENTPLEADER(GP-50) GP-SMT.VIDYAKURIAKOSE THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION ON04.09.2023,THECOURTONTHESAMEDAYDELIVEREDTHE FOLLOWING: ``` W.P.(C) No.25921 of 2023 2 ## **JUDGMENT** The petitioner is an applicant for the MBBS Course for 2023. She has taken the National Eligibility cum Entrance Test (NEET) UG 2023 for Medical and associated courses, achieving an All India Rank of 66,899 and a State Rank of 5,831 in Kerala. The petitioner states that, according to the KEAM 2023 prospectus released by the Commissioner of Entrance Examinations, the State quota seats in M.B.B.S/BDS involve four counselling rounds: Round 1, Round 2, Mop-up Round, and Stray Vacancy round. Eligible applicants were allowed to register their preferences in Round I after paying the registration fees to the Commissioner for Entrance Examination. Those candidates who registered in Round I could participate in Round II if they sought further allotments. The prospectus clearly states that new choices were not allowed in Round II. However, the Mop-up round enabled new option registrations for specific candidate categories upon payment of a stipulated fee. The petitioner did not register during Round I due to a mandate to pay approximately Rs.Eight lakhs by 31/7/2023. She intended to register during the Mop-up Round, which allowed fresh choices against a payment. As per the prospectus, candidates who did not register in Round I could register during the Mop-up W.P.(C) No.25921 of 2023 3 Round. To her surprise, Exhibit P4 schedule released by the 3rd Respondent for online counselling for state quota for M.B.B.S and BDS excluded any mention of the option registration for the Mop-up Round. The petitioner contends that this schedule, released on 1/8/2023, is against the terms of the KEAM 2023 prospectus. She asserts that the Rules were modified post the option registration closure, as indicated in the P2 notification. Due to these alterations in the P3 schedule, the petitioner would lose out on a chance to register. Highlighting these aspects, the petitioner states to have submitted Exhibit P5 representation to the 3rd Respondent on 3/8/2023, requesting permission to register in the upcoming round as per the tentative schedule. It is on these assertions that the petitioner is before this Court seeking the following reliefs:- - “i) To issue a writ of mandamus or other appropriate writ direction order directing the 3rd respondent to permit the petitioner for option registration during the next Round II or Round III in compliance of the Ext.P3 Prospectus 2023. - ii) To issue a writ of mandamus or other appropriate writ direction order directing the 3rd respondent to consider and pass orders on Ext.P5 representation submitted by the petitioner expeditiously.” 2. The learned Government Pleader, on instructions, submitted that the decision to bypass the fresh option registration for the Mop-up round was made to adhere to the timeline and guidelines set forth by the National W.P.(C) No.25921 of 2023 4 Medical Commission. He points out that as per the updated guidelines, what was previously known as the Mop-up round will now be referred to as "Round 3" for the counseling period of 2023-24. Referring to clause 1.6 of the prospectus, it is urged that the Commissioner of Entrance Examination (CEE) has the discretion to take such actions when circumstances warrant. It is submitted that during the Stray Vacancy Round, scheduled from 23rd to 25th September 2023, fresh option registration will indeed be available, giving the petitioner a chance to submit her option. As for Round 3, only the confirmation of options will be allowed from 7/9/2023 to 11/9/2023. The Government Pleader also referred to the judgment in **Rachit Sinha and Others v. Union of India (UOI) and Others[1]** , and it was argued that as long as the State complies with the directives of the National Medical Commission, the petitioner cannot assert any infringement of legal rights. The learned Government Pleader emphasized that the adjustments in the counseling process were prompted by certain events, and he urged that the reduced opportunity for admission would not contravene any rights of the petitioner. 3. The counsel appearing for the NMC would submit that the respondents are bound to stick to the time schedule and conclude the > 1 [AIR 2018 SC 2153] W.P.(C) No.25921 of 2023 5 admission. 4. In response, the learned counsel appearing for the petitioner would point out that the guidelines issued by the NMC had come even prior to the issuance of the prospectus. However, the respondents failed to incorporate the same in the prospectus. After having induced the candidates to act in terms of the prospectus, if any alteration is made, serious injustice would be caused. It is submitted that the petitioner had waited all through to exercise her option during the mop-up round. It is submitted that if the petitioner is made to wait till she gets an option to exercise her option during the IV round, she may even lose out on her seat. 5. I have considered the submissions advanced. 6. A perusal of the KEAM 2023 prospectus would disclose that candidates were granted the provision to undertake fresh option registration by paying the Mop-Up Registration fee, specifically for those who had not registered any options in Round I (Clause 11.6.10 of the Prospectus). The prospectus also states that no fresh option registrations would be entertained during the Stray Vacancy round. Instead, the choices made by candidates during the Mop-Up round were intended to carry over to the Stray Vacancy round. Yet, a distinct alteration emerges from the information bulletin W.P.(C) No.25921 of 2023 6 disseminated by the Medical Counselling Committee. According to the bulletin, the Apex Court introduced modifications to the counselling scheme, mandating four online rounds of counselling and renaming the Mop-up round as "Round 3" for the 2023-24 counselling session. In adherence to these updated guidelines and timelines, Exhibit P4 was issued, wherein Round III was strictly confined to option confirmation. The possibility of fresh option registration was shifted to the Stray Vacancy Round. Such modifications are permitted by clause 1.6 of the prospectus, which expressly permits modifications/additions/deletions as deemed necessary by the Government. It would be relevant to note that while the original prospectus allowed option registration during the Mop-up round and excluded it from the Stray Vacancy round, the revised guidelines prohibit option registration in Round 3, but permit it in Round 4. 7. In **Rachit Sinha v. Union of India[2]** , the Apex Court had occasion to observe as follows: **10.** There is no infringement of any legal right of the petitioners in the change of the method of counselling made by the notice dated 9-4-2018. Reduction of chances of admission does not entail in violation of any right. If the change in the method of counselling was due to the circumstances mentioned above, we see no reason to interfere. Further, the petitioners have participated in the second round of counselling for upgradation. We are informed that the second round of counselling for > 2 (2018) 16 SCC 655 W.P.(C) No.25921 of 2023 7 All-India quota is completed. No interference is warranted at this stage in respect of the All-India quota. 8. In view of the law laid down in **Rachit Sinha,** I find no reason to interfere. The petitioner is free to exercise her option for Round No.4 and seek admission for the MBBS Course, and as such, no prejudice would be caused. This petition is disposed of. Sd/- **RAJA VIJAYARAGHAVAN V, JUDGE** SMA W.P.(C) No.25921 of 2023 8 ## **`APPENDIX OF WP(C) 25921/2023`** ## **`PETITIONER EXHIBITS :-`** ``` Exhibit.P.1TRUECOPYOFTHEPROFILEUPDATINGTHE ELIGIBILITYOFTHEPETITIONER. Exhibit.P.2TRUECOPYOFTHEKEAM2023NOTIFICATIONISSUED BYTHE3RDRESPONDENTON26-7-2023 Exhibit.P.3TRUECOPYOFTHERELEVANTPAGESOFTHE PROSPECTUSOFKEAM-2023 Exhibit.P.4TRUECOPYOFTHETENTATIVESCHEDULEFORONLINE COUNSELLINGFORSTATEQUOTASEATSINMBBSAND BDSCOURSES-2023PUBLISHEDON1-8-2023BYTHE 3RDRESPONDENT Exhibit.P5TRUECOPYOFTHEREPRESENTATIONSUBMITTEDBY THEPETITIONERTOTHETOTHE3RDRESPONDENTON 3-8-2023 ```