Karthik B. v. Principal Secretary, Higher Education Department, and Commissioner for Entrance Examinations

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** **&** **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **TUESDAY, THE 3RD DAY OF NOVEMBER 2020/12TH KARTHIKA, 1942** ## **WA.No.1427 OF 2020** **[AGAINST THE JUDGMENT DATED 28.10.2020 IN WP(C)NO. 22991/ 2020 BY THE LEARNED SINGLE JUDGE OF THIS COURT]** ## **APPELLANT/PETITIONER:** **KARTHIK B., AGED 19, S/O. BAIJU THAMPI, KANNAN'S, T.C. 14/1829, CHENNILODE, KANNAMMOOLA, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM - 695011.** **BY ADVS. SRI.R.T.PRADEEP SRI.K.C.HARISH SMT.M.BINDUDAS** ## **RESPONDENTS/RESPONDENTS:** 1 **PRINCIPAL SECRETARY HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695001.** **2 COMMISSIONER FOR ENTRANCE EXAMINATIONS, OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM - 695001.** **By SRI. TEK CHAND SR. GOVERNMENT PLEADER** **THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.A.1427/2020 2 ## **JUDGMENT** Dated this the 3[rd] day of November, 2020 ## S. Manikumar, CJ. Instant appeal is filed against the judgment dated 28.10.2020 in W.P. (C) No.22991 of 2020, by which, a learned single Judge of this Court declined to grant the relief sought for by the petitioner and dismissed the writ petition, by observing thus: “6. The petitioner admits that he committed a mistake by not opting for admission to Medical and allied courses whereas he has already appeared in the examination held for the Engineering courses conducted by the 2[nd] respondent. His only contention is that his score in NEET UG would enable him an opportunity for admission to Medical and allied courses in institutions in the State of Kerala. When the petitioner did not follow the instructions issued by the 2[nd] respondent from 07.11.2019 and till 14.09.2020 when additional opportunity was provided to those who already applied for Engineering subjects, it cannot be said that a further opportunity should be given to him to opt for the courses, when the 2[nd] respondent has taken commendable efforts to guide the students in each step alerting the requirement of registration in KEAM through the portal for admission to medical and allied courses in institutions in the State. It is also relevant to note the declaration of the petitioner, in Ext.P1 confirmation page that he has downloaded the prospectus from the website and read various provisions therein agreeing to abide by them. W.A.1427/2020 3 7. It is also to be noted that the proceeding for allotment and admission on the basis of the rank list of NEET UG is going on in a fixed schedule of time. Online counseling for the allotment process for NEET 2020 in All India Quota starts with registration on 28[th] October and would be over on 02.11.2020 and allotment proceedings are to be completed by 05.11.2020 and to be reported to the central agency on 06.11.2020. In the meanwhile, the 2[nd] respondent has to publish the rank lists and category lists for the Medical and allied courses in the State Quota. Therefore, any attempt for interpolation at this stage, at the instance of the petitioner, who was not vigilant enough to exercise his option for Medical and allied courses availing the innumerable opportunities or in tune with the provisions in the prospectus or the notifications specifically alerting the mandatory requirement to apply through 2[nd] respondent's website for admission to the courses in the institutions in the State, would be against public interest; it would affect the entire proceedings and the time bound and disciplined procedure hitherto followed. Petitioner cannot therefore be granted any relief in this writ petition.” 2. Facts leading to the appeal are that appellant/writ petitioner is a candidate aspiring for admission to Medical and allied courses in the Scheme of Entrance Examination and allotment of seats under the Kerala Engineering/Architecture/Pharmacy/Medical and Allied Courses, 2020 (hereinafter referred to as, 'KEAM-2020', for brevity) conducted by the Commissioner for Entrance Examinations, respondent No.2. W.A.1427/2020 4 3. The 2[nd] respondent has issued notification dated 31.01.2020 on the basis of the prospectus approved by the Government, calling upon the aspiring candidates to submit applications from 01.02.2020 to 25.02.2020 for KEAM 2020 through “KEAM 2020-candidate Portal”. 4. Based on the same, appellant has submitted his application on 20.02.2020, without exercising his option for Medical and allied courses in the KEAM, 2020 candidate's portal and his option was confined only to Engineering courses. 5. Appellant has further stated that allotment of seats to candidates in Government Engineering and Medical Colleges as well as Self-financing Engineering and Medical Colleges is done by the 2[nd] respondent. The allotment for Engineering courses is based upon the list published in the entrance examination conducted by the 2[nd] respondent and for medical and allied courses, in the list published out of National Eligibility-Cum-Entrance Test (UG), 2020 (NEET 2020) conducted by the National Testing Agency. 6. Appellant has further stated that the online application was submitted without entering his option for medical and allied courses. The print out of confirmation of his application (Exhibit-P1) came out on successful submission of the application form, indicating his application number, only providing Engineering, as the course opted. Appellant did not W.A.1427/2020 5 realise the mistake at any point of time. He was under the impression that the print out is the manifestation of the engineering entrance conducted by the 2[nd] respondent. 7. Appellant has participated in the NEET, 2020 examination and he has secured high rank, making him eligible and qualified for admission to medical and allied courses. 8. Though the 2[nd] respondent, by Exhibit-P5 notification dated 14.09.2020, provided an opportunity to the candidates, who had already submitted applications and participated in the NEET, 2020, for addition of medical and allied courses before, 18.09.2020, 4.00 p.m., the said opportunity was not availed by appellant, due to lack of notice of such notification. He realized his mistake only on 21.10.2020 and when he approached the 2[nd] respondent to provide him an opportunity to exercise the option for medical and allied courses, it was of no avail. 9. On coming to know of the mistake, the appellant immediately rushed to the office of the 2[nd] respondent and verified the same. He came to know that his application was confined to the Engineering course alone. Hence, the appellant made a representation before the 2[nd] respondent, for providing him an opportunity for opting medical and allied courses in his application. W.A.1427/2020 6 10. Appellant has further stated that allotment of seats for medical and allied courses by the Commissioner for Entrance Examination, is not yet started. According to him, counseling for medical seats for all India quota is scheduled to commence from 27.10.2020, in which he can participate. State list has to be prepared by the 2[nd] respondent, based on the ranking position in the NEET, 2020, from among the candidates, who had opted for medical and allied courses. That process is on. 11. Appellant has further stated that the 2[nd] respondent can allow him for exercising his option for medical and allied courses. In the wake of his ranking position in the NEET, 2020, he is qualified and eligible to be included in the State list. His chance for inclusion in the State list is lost on account of his inadvertent mistake in the application. In such circumstances, he has filed W.P.(C) No.22991 of 2020 seeking for the following relief: “To issue a writ of mandamus or any other appropriate writ order or direction to the 2[nd] respondent to allow the petitioner for addition of medical and allied courses in his application bearing No.1205377 and to consider and provide him in the State list prepared based upon his ranking position in NEET, 2020 and to allow him to register for counseling and allotment of seats for medical and allied courses and to allot seat to petitioner for medical and allied courses depending upon his entitlement.” W.A.1427/2020 7 12. After considering the submissions advanced, writ court, by the impugned judgment, dismissed the writ petition by holding that providing the petitioner a further opportunity at this length of time, would upset the time bound completion of the process undertaken by the 2[nd] respondent. Being aggrieved, the instant appeal is filed on the following grounds: - A. The appellant is entitled for inclusion in the State list of qualified and eligible candidates for medical and allied courses based upon his ranking position in NEET, 2020. His chance for inclusion in the State list is lost on account of his inadvertent mistake in nonopting for medical and allied courses in the application. He will not be included in the State list as his option for medical and allied courses being not available in his application. It so happened that he could not have added the medical and allied courses pursuant to Exhibit-P5 notification due to want of notice of it. Hence denial of opportunity to exercise the option which occasioned due to his inadvertent slip or omission despite his right for inclusion in the State list and most likely to get admission for MBBS course is arbitrary, perverse, unreasonable and violative of Article 14 of the Constitution of India. - B. Being bestowed with the right for admission for medical and allied courses for having secured a high ranking position in NEET, 2020, the right of the appellant shall not be curtailed due to the pedantic stand of 2[nd] respondent. The maxim in this regard is Ubi jus ibi remedium - when there is a right there is a remedy. The right of appellant to be included in the State list on account of his high ranking position in NEET, 2020 shall not be jeopardized or W.A.1427/2020 8 circumvented by the inadvertent non-observance of procedural requirement. - C. The procedure being handmade of justice, that shall not trample the right of the person and impair justice to the person. It so happened that the petitioner could not conform to the procedure of exercising his option for medical and allied courses. His right for admission to medical and allied courses does not stem from the procedure of option. It arises from his participation in the examination for NEET, 2020 and by virtue of his ranking position in NEET, 2020. Hence the right of petitioner for admission to medical and allied courses on account of his participation in NEET, 2020 and garnering high ranking position shall not be trampled on account of his procedural lapse. - D. The time schedule for MBBS admission as laid down by the MCI Regulations is not adhered for this academic year for the reason of pandemic. There will not be any change for the time schedule of admission process on extending an opportunity to appellant before publication of State list. The finding in the impugned Judgment is per se illegal and improper. 13. On the above grounds, Mr. R.T. Pradeep, learned counsel for the appellant, made submissions. He further added that the prospects and notifications issued did not state, as to what would be the consequences, if a candidate has not exercised his option. Having regard to the economic background, learned counsel for the appellant submitted that the appellant was not able to notice the time schedule, in exercising the option. W.A.1427/2020 9 According to him, the appellant has a right to exercise his option, under the prospectus. He also relied on the decision of the Hon'ble Supreme Court in **M. Siddiq (Ram Janmabhumi Temple Cases) v. Mahant Suresh Das and Others** reported in [(2020) 1 SCC 1] and **State of Rajasthan and Another v. Shamsher Singh** reported in [AIR 1985 SC 1082] to substantiate his contentions. 14. On this day, when this appeal was taken up, based on the instructions received from the respondents, prospectus and other supporting documents, Mr. Tek Chand, learned Senior Government Pleader, submitted that in the notification inviting applications issued on 31.01.2020, in Clause 1, it was specifically provided just below the list of courses for which applications were called for,: “Candidates seeking admission to any of the Medical and Allied Courses should compulsorily appear for and qualify in the National Eligibility-cum-Entrance Test-Undergraduate (NEET UG), 2020 conducted by the National Testing Agency (NTA).” 15. Learned Senior Government Pleader further submitted that in the notification dated 24.02.2020, while extending the last date for submission of applications from 25.02.2020 to 29.02.2020, candidates were again alerted that those who have submitted applications for appearing in NEET UG, being conducted by the NTA, shall submit their online applications through the website www.cee.kerala.gov.in of the 2[nd] respondent, in case W.A.1427/2020 10 they seek for admission to the Medical and allied courses, in any of the institutions in Kerala. 16. The Commissioner had given another opportunity to the candidates, as per Exhibit-P5 notification dated 14.09.2020 inviting fresh applications for admission to Architecture and Medical and Medical Allied courses in the State from candidates, who had not submitted applications to the Commissioner for Entrance Examinations under KEAM 2020 and allowing a further opportunity to the candidates, who have appeared in NEET UG exams, to submit their applications for addition of Medical and allied courses, in case, they have already applied for courses such as Engineering/Architecture/Pharmacy, in view of the Covid-19 pandemic situation, based on request received from several candidates. 17. Learned Senior Government Pleader further submitted that the appellant has admitted in the writ petition that he did not notice such a notification. The appellant has also admitted that he has not exercised his option. If the appellant is allowed to exercise his option, the entire process will be delayed. For the above said reasons, the learned Senior Government Pleader prayed for dismissal of the appeal. 18. Heard learned counsel for the respective parties and perused the material available on record. W.A.1427/2020 11 ## 19. The conditions specified in the prospectus for admission fo Kerala Engineering, Architecture and Medical Courses are as under: 1. Candidates applying for admission to any of the following coursesEngineering, Architecture, B.Pharm, MBBS, BDS, Ayurveda, Homoeopathy, Siddha, Unani, Agriculture, Forestry, Veterinary and Fisheries- should apply online on or before the last date. 2. Submission of application and supporting documents is possible in online mode only. Online submission of Application and supporting documents must be made by accessing the CEE website – www.cee.kerala.gov.in. 3. Confirmation page of the online application must be retained for future reference. Do not send the printout of the confirmation page or other documents to the office of the CEE. 4. Applicant should ensure the following before submission of online application and uploading supporting documents: - i. All the required certificates are properly filled in and signed by the competent authority and affixed office seal at specified place before uploading to the online application. - ii. The photograph and Signature image to be uploaded must be clear and conforming to the prescribed specifications. - iii. The applicant should select the course/courses which he/she desires to study while applying online. - iv. The candidate should maintain confidentiality of the password created at the time of registration for submission of online application and keep it in safe custody till the end of allotment process. 5. The defects in the Online Application will be displayed in the Candidate Portal of the website of CEE. The candidate should visit the website of the CEE regularly for notifications and updates. The defects if any which will be available in the Candidate Portal should be cleared by the candidates within the stipulated time notified by CEE. No memo will be sent by post from this office in the case of defective applications. 6. Candidates should submit only one online application for admission to any or all of the courses in KEAM 2020. 7. Candidates except SC/ST/OEC category should upload income certificate also while applying online for availing income based fee concession/ scholarship. W.A.1427/2020 12 8. Online option confirmation is Mandatory for participating in each phase of allotment. ## 20. Rules and regulations governing allotments through submission of option stated in the prospectus read thus: ## **11.4 Rules and regulations governing allotments through submission of options** : **11.4.1 Candidate to register options** : Candidates included in the Rank lists for Engineering, Architecture, B.Pharm, MBBS/BDS/ BHMS/BSMS/BUMS, Agriculture/ Veterinary/ Forestry/ Fisheries and Ayurveda courses 2020, will have to register their options in the stream(s) concerned as prescribed under Clause 11.5, for being considered for allotments to the courses and colleges under the respective stream(s). **11.4.2 Registering Options** : Options can be registered only through the website, "www.cee.kerala.gov.in". Candidates will have to register their options in single stream or multiple streams (based on their eligibility) in the ‘Option Registration Page’ accessible through the ‘Candidate Portal’ within the stipulated period of time. Candidates should access the ‘Option Registration Page’ and follow the instructions given therein and as described in Clause 11.5, to register their options for courses and colleges. Options submitted to the CEE by Fax, Post, Hand delivery etc., will not be processed or considered on any account for allotment of seats. **11.4.3 Facility for Registering Options** : Candidates can register their options within the time schedule specified, using any computer having internet facility. Candidates who do not have access to Internet facility can use the facility provided free of cost, by the Government at various centres across the state. ‘Facilitation Centres’ (FC) will be opened across the state during a specified period for the candidates who need assistance for registering their options. The list of FCs will be notified in due course. The Facilitation Centres will be functioning only during the period specified. **11.4.4 Time schedule for registering options** : The facility for registering of options will be available only during the period specified in the notifications to be issued by the CEE. Wide publicity will be given through electronic and print media regarding the schedule and related matters. The facility will be withdrawn once the time period is over and candidate will not have access to this facility W.A.1427/2020 13 after this time period. A candidate, not registering his/her options as per the time schedule announced, will not be considered for allotments under his/her eligible streams against any of the seats available then, irrespective of his/her rank. Requests for extension of time will not be entertained under any circumstances for registering options under any of the streams. **11.4.5 Registering of options in respect of candidates included in different Rank Lists** : A candidate included in different rank lists, can register options of different streams simultaneously based on his/her order of priority of courses and colleges. All options available to the candidate, based on the streams he/she is eligible for, can be registered in a single registration. For example, a candidate included in the Engineering and Medical rank lists can register his/her options in the two streams together, within the specified period of time. There is no separate time schedule for registering options under each of the streams. All options to all eligible streams will have to be registered as per the time schedule. No extension of time will be granted under any circumstances for registering options under any of the streams. **11.4.6 Eligibility for registering options** : Only those candidates included in the different Rank Lists prepared and published by the CEE for 2020 are eligible to register their options in the stream concerned. Moreover, the candidates registering their options should satisfy all the eligibility conditions with regard to Nativity (Clause 6.1), Academic qualifications (Clause 6.2), Age (Clause 6.3), etc., of the Prospectus for admission to Professional Degree Courses 2020. Academic eligibility should be satisfied on the date of admission for various Courses. Principal/Head of the Institution will be personally responsible for verification of eligibility conditions as prescribed in the Prospectus, when the candidate reports for admission. Only those candidates who are found to be qualified as prescribed shall be admitted to the college/institution irrespective of the fact that he/she has an allotment through the CAP. **11.4.7 Essentials for registering options** : Candidates should have particulars such as Roll Number, Application Number and Password of KEAM-2020 in order to register their options in the website. (i) Roll number: This is the six-digit Number allotted by CEE to the candidate which is given in the Admit Card of KEAM-2020. (ii) Application number: This is the seven-digit number printed on the left top part of the confirmation page of the Online W.A.1427/2020 14 Application submitted by the candidate for KEAM 2020. This is also printed in the Admit Card issued by the CEE to the candidate. (iii) Password: The Password to be used is the same as the one created and used during the online application submission stage. **11.5 Procedure for Registering Options:** Any candidate, who wishes to register his/her options, should have the ‘Application number’ and ‘Password’ readily available with him/her. The candidate must also have access to internet facility. For Assistance, candidates can contact the facilitation centres. The list of facilitation centres will be available in the web site. The candidate should follow the procedure given below for registering options: (i) Log on to the ‘Candidate Portal’ through the website www.cee.kerala.gov.in using Application Number and Password. (ii) Proceed to the Option Registration Page by clicking on the ‘Option Registration’ Link. (iii) Register Options. (iv) Save the Options registered. (v) View and Print the List of Options registered. (vi) Log off from the ‘Candidate Portal’. **11.5.3 Accessing the ‘Option Registration Page’** : In order to access the ‘Option Registration Page’, click the link ‘Option Registration’ given in the Candidate Portal. Failure to provide the correct password will stop the candidate from proceeding to the Option Registration Page. It is the responsibility of the candidate to keep the password safe and secure. In case, assistance is necessary for logging on to and accessing the Option Registration Page, the candidate may contact a Facilitation Centre (FC). If the candidate cannot remember the password, he/she can reset it through the ‘Forgot Password’ link, given in the Candidate Portal.” ## 19. Notification dated 31.01.2020 for admission to Engineering / Architecture / Pharmacy / Medical & Allied Courses, Kerala reads thus: W.A.1427/2020 15 **==> picture [390 x 543] intentionally omitted <==** W.A.1427/2020 16 **==> picture [398 x 562] intentionally omitted <==** W.A.1427/2020 17 **==> picture [398 x 562] intentionally omitted <==** W.A.1427/2020 18 **==> picture [398 x 562] intentionally omitted <==** W.A.1427/2020 19 **==> picture [398 x 562] intentionally omitted <==** W.A.1427/2020 20 **==> picture [398 x 562] intentionally omitted <==** W.A.1427/2020 21 **==> picture [398 x 562] intentionally omitted <==** W.A.1427/2020 22 **==> picture [398 x 562] intentionally omitted <==** W.A.1427/2020 23 22. Exhibit P5 is the notification dated 14.9.2020 for addition of medical and allied courses, for those who had already submitted application and participated in NEET, 2020, which reads thus: “NOTIFICATION KEAM 2020 ## CANDIDATES CAN SUBMIT FRESH APPLICATIONS AND ADD COURSES FOR ADMISSION TO ARCHITECTURE/ MEDICAL & MEDICAL ALLIED COURSES Fresh online applications are invited for admission to Architecture (B.Arch) and Medical a Medical Allied courses (including MBBS a BDS) in the State from candidates, who have not yet submitted applications to the Commissioner for Entrance Examinations under KEAM 2020. In the case of candidates who have already submitted applications under KEAM 2020 for admission to any of the courses such as Engineering/Architecture/Pharmacy/Medical a Allied courses, facility has been made available for addition of courses such as Architecture or Medical & Allied courses, as applicable. Also facility has been made available for addition of Pharmacy (B.Pharm) course to those candidates who have not opted for Pharmacy course in the already submitted application but appeared and acquired a minimum index mark in Paper-I of the Kerala Engineering Entrance Examination 2020. For Medical & allied courses, only those who have appeared in - NEET UG 2020 conducted by NTA and for Architecture courses, those who have qualified in NATA conducted by Council of Architecture will be considered. The facility for online submission of fresh applications and addition of course(s) to the already submitted application will be W.A.1427/2020 24 available in the website www.cee.kerala.gov.in of the Commissioner for Entrance examinations from 14.09.2020 to 18.09.2020, 4 pm. How to apply: ## • To submit -fresh applications: (Only for candidates who have not submitted any applications to the Commissioner for Entrance Examinations under KEAM 2020) The candidates who have not submitted applications to the Commissioner for Entrance Examinations for admission to Professional Degree Courses through KEAM-2020 can submit fresh online applications for admission to Architecture/Medical & Allied courses. Candidates must register through the link `KEAM - ' 2020 New Application provided in the website www.cee.kerala.gov.in. On clicking the link, the candidate will be directed to a web page containing the online application. After completing the different steps for submission of the online application illustrated in clause 7.4 of the Prospectus for KEAM 2020, candidates should take a printout of the confirmation page of the online submitted application. Candidates need not send the printout of the confirmation page or other documents to the office of the Commissioner for Entrance Examinations. • To add new course(s) in the already submitted application: (Only for candidates who have already submitted application to the Commissioner for Entrance Examinations under KEAM 2020 for any of the courses) For this, the candidates should enter the home page through - ' the link `KEAM 2020 Candidate Portal in the website www.cee.kerala.gov.in by giving Application Number and Password. Then by clicking the menu item, 'Add Course', W.A.1427/2020 25 candidates can select and add courses. Candidates can choose Pharmacy (only for those who have appeared in Paper I of Engineering Entrance Examination) or Medical & Medical Allied courses (only for those who have appeared in NEET-UG 2020 conducted by NTA) or Architecture course (only for those who have qualified in NATA conducted by Council of Architecture) as per their choice. Candidates need not submit new applications for this. **Payment of Application Fee** : The required Application Fee for fresh applications can be paid by way of **online payment** or by way of e-chalan generated from the web page at the time of submission of online application. In case of payment through **echalan,** the payment should be made in any of the Head/Sub Post Offices in Kerala. In the case of addition of course(s) to the existing application, the required additional fee is to be paid only through online. ## **Important:** 1. Candidates who have already submitted applications from 01.02.2020 to 25.02.2020 to the Commissioner for Entrance examinations under KEAM 2020 as per the Notification dated 31.01.2020, for any of the courses such as Engineering/Architecture/Pharmacy/Medical & Allied courses should not submit fresh applications for admission to Architecture/Medical and Allied courses. Such candidates can add the required course(s) in the already submitted application - as per their eligibility through the link 'KEAM 2020 Candidate ' Portal . 2. Candidates who submits fresh application to the Commissioner for Entrance Examinations, who needs any W.A.1427/2020 26 reservation to community/category/fees or any special reservation such as NRI quota/EWS quota (Economically Weaker Section under General Category) should submit the documents of Communal/ Special reservation, Non Creamy Layer Certificate for State education purpose and income certificate along with the online application on or before 18.09.2020, 4.00 pm. All the candidates are requested to go through the Notification dated, 31.01.2020 and Government approved Prospectus for admission to Engineering, Architecture, Pharmacy, Medical a Allied courses, available in the website www.cee.kerala.gov.in, before submission of fresh application/course addition. Helpline number : 0471- 2525300 Thiruvananthapuram 14.09.2020 Sd/- COMMISSIONER FOR ENTRANCE EXAMINATIONS” ## 23. Notification dated 30.10.2020 issued by Commissioner for Entrance Examinations, respondent No.2, reads thus: “NOTIFICATION KEAM -2020 ADMISSION TO MEDICAL & MEDICAL ALLIED COURSES KERALA - ONLINE FACILITY FOR SUBMISSION OF NEET (UG) 2020 RESULT The admission to the State Quota seats in Government Medical/Dental Colleges, the entire MBBS/BDS seats in Self Financing Medical/Dental colleges including Minority Quota/NRI Quota and the Medical seats earmarked for candidates irrespective of their domicile for the academic year 2020-21 shall be through a Centralized Counseling to be conducted by the Commissioner for Entrance Examinations from the rank list W.A.1427/2020 27 prepared by the Commissioner for Entrance Examinations based on the score of the candidates in NEET-UG 2020. Moreover, the admissions to other Medical courses such as Ayurveda [BAMS], Homoeopathy [BHMS], Siddha [BSMS] & Unani [BUMS] and Allied courses such as Agriculture [BSc (Hons.) Agri.], Forestry [BSc (Hons.) Forestry], Veterinary [BVSc. & AH] and Fisheries [BFSc.] course in the State for the year 2020-21 will also be made from the rank list prepared by the Commissioner for Entrance Examinations based on the score of the candidates in - NEET-UG 2020. Candidates who have appeared in NEET (LJG) 2020 and opting, for admission to Medical courses such as MBBS, DDS, Ayurveda, Homoeopathy, Siddha & Unani and Allied courses such as Agriculture, Forestry, Veterinary and Fisheries - shall have to submit online their NEET (UC) 2020 result details to the Commissioner for Entrance Examinations for preparing the respective State rank lists. The online facility for submission of NEET (UG)-2020 result details will be available in the website www.cee.kerala.gov.in from **30.10.2020 to 04.11.2020, 5 pm** . - Candidates who do not submit their NEET (UG) 2020 results to the Commissioner for Entrance Examinations within the stipulated time shall not be considered for preparation of rank list for Medical & Medical Allied courses. Candidates who have already submitted application for admission to Medical & Medical Allied courses under KEAM 2020 and who have qualified in the NEET (UG)-2020 conducted by the NTA can submit NEET results to the Commissioner for Entrance Examinations online. W.A.1427/2020 28 ## STEPS FOR SUBMITTING MEET RESULT i) Access the website www.cee.kerala.gov.in - ii) Click the link 'KEAM 2020 Candidate Portal' and provide KEAM2020 Application number and Password to enter the Home Page of the candidate. iii) Click the Menu Item 'NEET Result Submission' and provide NEET (UG)-2020 Roll Number, NEET (UG)-2020 Application Number and NEET - 2020 Date of Birth. iv) Verify the score card for NEET (UG)-2020-Candidate's name, Name of father, Name of Mother, NEET 2020 Score, NEET Percentile, NEET All India Rank etc. v) If the details in NEET score card are correct, click the ' **Verified and Submit** ' button. (Note:- The procedure of submission of NEET results will be complete only when the Verified and Submit button is clicked). vi) Take the printout of ` **NEET Result Submission Report** ' and keep it with the candidate for future use. Candidates should not send/upload the NEET Score Card or NEET Result Submission Report to the Commissioner for Entrance Examinations. All the candidates are requested to go through the Government approved Prospectus for admission to Professional Degree courses-2020, available in the website www.cee.kera.la.gov.in Helpline Number : 0471-2525300 Thiruvananthapuram 30.10.2020 Sd/- COMMISSIONER FOR ENTRANCE EXAMINATIONS” 24. It could be seen from the pleadings that the appellant has submitted his application on 20.02.2020. However, according to him, due to an inadvertent mistake, his option was confined to Engineering course only. In Notification No. CEE/4600/2019/KEAM-2020/TA4 dated 30.01.2020 W.A.1427/2020 29 ## inviting applications for admission to Engineering / Architecture / Pharmacy ## / Medical & Allied Courses – Kerala, under clause 10 it is stated thus: “The Profile details of Applicants and the defects, if any in the Online Application will be available in the KEAM 2020 Candidate Portal' in the website of the Commissioner for Entrance Examinations. Candidates should visit the website and rectify the defects available in the Candidates Portal within the stipulated time. The availability of Portal will be announced by Notification. Candidates should also frequently visit the website of the Commissioner for Entrance Examination www.cee.kerala.gov.in for authentic information with regard to Entrance Examination/ allotments/admissions and related matters.” 25. Appellant has candidly admitted that he has committed a mistake, by not opting for admission to medical and allied courses, at the time of submission of his application. His only contention is that the time schedule for MBBS admission as laid down by the MCI regulations is not adhered to, for this academic year, because of COVID-19 pandemic situation. Hence, there will not be any change for the time schedule for the admission process, by extending an opportunity to the appellant before the publication of the State list. 26. Material on record discloses that as early as on 07.11.2019, instructions have been issued to the candidates, for exercising option. There is no dispute that even in the prospectus, there is a clear condition, as to the exercise of option. In Exhibit-P5 notification dated 14.09.2020, it is also specifically stated in clause (1) that the candidates, who have W.A.1427/2020 30 already submitted application from 01.02.2020 to 25.02.2020 to the 2[nd] respondent, under KEAM 2020, as per the notification dated 31.01.2020, for any of the courses such as Engineering/Architecture/ Pharmacy/Medical & Allied courses should not submit fresh applications for admission to Architecture/Medical & Allied Courses. For the reasons best known to the appellant, he had conveniently omitted to take notice of the said notification. 27. Allotment proceedings for Medical and Allied Courses on the basis of NEET (UG) – 2020 would be over by 06.11.2020, which means that the process due for enlisting, for admission to Medical and allied courses, has already commenced, and scheduled to be completed by 05.11.2020. As rightly observed by the writ court, interpolation at this stage, by giving an opportunity to a candidate, who has failed to exercise the option, would amount to altering the conditions in the prospects, which this Court under Article 226 of the Constitution of India, cannot do. 28. It is trite to say that, prospectus and notifications issued by the Government, binds all the parties, including the appellant. If option is not exercised in time, then, there is no right to demand, consideration of the application, or to exercise option, at any time, at the will of a candidate. Time schedule, in terms of the prospectus and notifications, issued from W.A.1427/2020 31 time-to-time, have to be strictly adhered to by all. Consequences for not exercising the option, need not be specifically stated. 29. Though the learned counsel for the appellant relied on the decisions of the Hon'ble Supreme Court in **Shamsher Singh** (cited supra) and **M. Siddiq (Ram Janmabhoomi Temple Cases)** (cited supra), we are of the view that the said decisions are not applicable to the case on hand. 30. On more than one occasion, time has been extended by the 2[nd] respondent, for exercise of option by the appellant. As rightly contended by the learned Senior Government Pleader, the 2[nd] respondent has to abide by the time schedule already fixed and complete the entire process, within the stipulated date, in accordance with the directions of the Hon'ble Supreme Court. In the light of the above discussion, we find no error in the impugned judgment, warranting interference in appeal. Writ appeal is dismissed. No costs. Sd/- S. Manikumar, Chief Justice Sd/- Shaji P. Chaly, Judge krj //TRUE COPY// P.A. TO C.J.