Medical Entrance; Dr. Alina Arun Kanattu Vs. Admission Supervisory Committee for Professional Colleges [Kerala High Court, 20-06-2016]

Education – Medical – Self Financing Institution – filled up a ‘lapsed’ Medical P.G. Seat without following the prescribed norm – Whether he/she should be permitted to continue the studies in the said institution? Held, the seat was originally coming within the purview of 50% quota earmarked to the Government. Since no candidate could be advised by the Commissioner for Entrance Examinations in respect of the said vacancy, by virtue of the terms of the agreement and Ext.P2 G.O., the same was possible to be filled up by the Management; however subject to the satisfaction of eligibility/qualification by the concerned candidate. Admittedly, the petitioner herein had qualified only in the examination conducted by the Karnataka Religious and Linguistic Minority Professional Colleges Association and had not cleared any examination conducted by the National Level Entrance Examination or the Entrance Examination conducted by the CEE or ‘AIPMEE’. At no point of time, was there any case for the concerned parties before the Committee that the Management/institution had taken necessary steps to ascertain whether any other eligible hand was remaining in the eligible list to be accommodated and as such, the Committee was perfectly justified in drawing an inference declining the relief. This Court does not find any infirmity, illegality or irregularity with regard to the proceedings finalised by the Committee. The Writ Petition fails and the same is dismissed accordingly.


IN THE HIGH COURT OF KERALA AT ERNAKULAM

P.R. RAMACHANDRA MENON & ANIL K.NARENDRAN, JJ.

W.P.(C)No.17629 of 2016

Dated this the 20th day of June, 2016

PETITIONER

DR.ALINA ARUN KANATTU, 1ST YEAR (2015-16 BATCH), DR. SMCSI MEDICAL COLLEGE, KARAKONAM, TRIVANDRUM 695504.

BY ADVS.SRI.KURIAN GEORGE KANNANTHANAM (SR.) SRI.TONY GEORGE KANNANTHANAM SRI.THOMAS GEORGE SRI.ALEX GEORGE (CHAMAPPARAYIL)

RESPONDENTS

1. THE ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL COLLEGES, (REPRESENTED BY ITS MEMBER SECRETARY), PRASANTHI BUILDINGS, M.P. APPAN ROAD, VAZHUTHAKKAD, TRIVANDRUM 695014.

2. THE KERALA UNIVERISTY OF HEALTH SCIENCES, MEDICAL COLLEGE PO, THRISSUR 630596, REPRESENTED BY ITS REGISTRAR.

3. THE PRINCIPAL, DR. SMCSI MEDICAL COLLEGE, KARAKONAM, TRIVANDRUM 695504.

4. THE DIRECTOR OF MEDICAL EDUCATION, TRIVANDRUM 695001.

R2 BY ADV. SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH & BY SR.GOVERNMENT PLEADER SRI.K.C.VINCENT R1 BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE

JUDGMENT

Ramachandra Menon, J.

# Is it open for the Management of a self-financing institution to fill up a ‘lapsed’ Medical P.G. Seat, coming within the 50% quota earmarked for the Government for want of advice from the part of the Government, without following the prescribed norm by accommodating only a candidate who has participated in the National Level Entrance Examination or in the Entrance Examination of CEE or AIPMEE which has been recognised as a source for filling up of the vacancy?

# Whether any such candidate who got admission accordingly, based on the unilateral course and decision taken by the said management/institution, can contend that he/she should be permitted to continue the studies in the said institution?

This forms the subject matter of consideration in the present writ petition filed by the student, who got fortuitous admission as above, challenging the orders passed by the Admission Supervisory Committee as per Exts.P7 and P8.

2. The petitioner was an aspirant to pursue her post graduate studies, particularly MS (OBG) in the 3 rd respondent institution for the period 2015-2016. Admittedly, there was a seat-sharing agreement between the Government and the institution, as borne by Ext.P1; based on which 50% seats were to be earmarked to be filled up by the Government and the remaining 50% by the Management. From the 50% seats set apart for the Management, 35% had to be filled up on the basis of the results of the examination conducted by the Commissioner for Entrance Examinations and the remaining 15% were set apart for ‘NRI quota’, where there is no question of any competitive examination as aforesaid.

3. Pursuant to Ext.P1 agreement, Ext.P2 G.O.(Rt) No.1205/2015/H&FWD dated 18.4.2015 was issued, giving effect to the terms and conditions agreed between the Government and Dr. Somervell Memorial CSI Medical College, Karakonam. The last date for admission to the Post Graduate course for the year 2015-16 was on 10.6.2015; whereas the last date for allotment by the Commissioner of Entrance Examinations was 6.6.2015. The fact remains that a candidate could not be advised in respect of ‘one seat’ for the P.G. course in the concerned discipline coming within the quota earmarked to the Government and the vacancy came to be lapsed. By virtue of the terms of agreement in Ext.P1 and the contents of Ext.P2 Government Order, such a lapsed seat could be filled up by the Management in the manner as specified therein, taking the same as part of the Management quota. It was accordingly that the petitioner herein, who was stated as qualified in the test conducted by the Karnataka Religious and Linguistic Minority Professional Colleges Association was given admission; which came to be the subject matter of dispute before the Admission Supervisory Committee, leading to Ext.P7 order.

4. As borne by the proceedings of the Committee, both the sides were heard and a detailed order was passed vide Ext.P7. The committee observed that no records were produced to show that no other applicant was available who was qualified in the P.G. Entrance Test conducted by the Commissioner of Entrance Examinations or anybody who had cleared the AIPMEE Test. It was without making any attempt to ascertain whether any such suitable candidate was available, that the seat was sought to be filled up by the Management admitting the petitioner, who had cleared the examination conducted by the Karnataka Religious and Linguistic Minority Professional Colleges Association. In the said circumstance, patent violation on the part of the Management in filling up of the vacancy was noted and the same was accordingly intercepted by the Committee as borne by Ext.P7 order which in turn is under challenge in this Writ Petition.

5. Heard Sri.Kurian George Kannanthanam, the learned Senior counsel appearing for the petitioner, Smt.Mary Benjamin, learned Standing Counsel for the Admission Supervisory Committee and Sri.K.C.Vincent, learned Senior Government Pleader appearing for the 4 th respondent.

6. The learned Senior Counsel for the petitioner submitted that the ‘lapsed seat’ which comes to the realm of allotment of the Management is not guided by the stipulation contained in the relevant norms and that the same could be filled up by accommodating any candidate who has cleared the Test conducted by any other State as well. Reliance is sought to be placed on paragraphs 2 and 6 of Ext.P2 which are virtually reproducing the contents of Ext.P1 in the relevant paragraphs (paragraphs 2 and 6) as aforesaid. For convenience of reference the aforesaid portions of paragraphs 2 and 6 are re-produced below:-

“2. The Commissioner of Entrance Examinations shall furnish the list of the students to be admitted in the college by the Management and the College concerned shall admit the students specified in the list. The students in the list will be given specific instructions as to the date and time of presentation before the college for admission, the amount of fees to be paid, and the records to be submitted at the time of admission. The College shall admit the students who have complied with the instructions as certified by the Commissioner of Entrance Examinations. The Commissioner of Entrance Examinations shall furnish such list on or before 5 PM 6 th June, 2015 or such other date as mutually agreed upon by the parties. The Management shall accept and admit the students accordingly following the above procedures but in any case not later than 5PM on 6 th June, 2015. The Management shall be entitled to fill those seats remaining unfilled by Government after the cut off date for admission to Government merit quota seats for 2015-16 subject to the condition that the forfeited seats will not be compensated during next academic year.

xxx xxx xxx

6. 50% of the total seats shall be Management quota seats (except NRI quota) to be filled by the College enjoying minority status on the basis of inter se merit from the list of students who have qualified themselves in Kerala State Post Graduate Medical Entrance Examination 2015. In the event of sufficient number of qualified candidates under Kerala State Post Graduate Medical Entrance Examination 2015, who have applied for Management quota seats in the institution concerned are not available, the Managements can admit students on the basis of any P.G.Medical Entrance Examination 2015 conducted at the National level as per MCI norms. Out of the 50%, the Managements are entitled to fill up 15% of seats by the eligible students who are children/dependants of Non Resident Indians, as per the conditions stipulated in GO(MS)No.34/2013/H&FWD dated 05.02.2013 and further orders in this regard if any, issued by Government from time to time. ……..”

7. The submission made by the learned Senior counsel across the Bar is that the adverse situation, to the extent as contained in paragraph 6, is not applicable in the case of a seat which comes to be ‘lapsed’ and is not at all necessary for the institution to ascertain whether any other candidate is available in the list prepared by the Commissioner for Entrance Examinations or a person who has cleared ‘AIPMEE Test’, to be accommodated in the concerned vacancy. This is vehemently opposed by the learned standing counsel appearing for the Committee, pointing out that the terms of the agreement as well as the Government Order clearly reveal that the ‘lapsed seat’ for non-advising of any candidate in respect of the seat earmarked for the Government comes to be added on the ‘Management quota’ and that the Management is given liberty to fill up the said vacancy as well, which has necessarily to be from the list which is actually applicable for filling up of candidates in the Management quota. The learned counsel also points out that the necessity to clear the examination conducted by the National Level Entrance Examination or in the Entrance Examination of CEE or AIPMEE has already been considered by another bench of this Court and as per the verdict passed on 31.3.2016 in W.P.(C)No.3734/2016, it has been categorically held that the admission given without pursuing the procedure as mentioned herein is not liable to be sustained. The learned counsel also points out that almost similar finding was rendered by the Committee in respect of admission which was the subject matter of challenge before this Court in W.P.(C)No.37182/2015, wherein judgment was passed on 24.2.2016 upholding the stand taken by the Committee. The aggrieved party in W.P.(C)No.3734/2016 took up the matter before the Supreme Court, but the SLP preferred therefrom came to be dismissed, declining interference. The learned counsel submits that the issue has become final and that the proceedings of the Committee are not liable to be intercepted under any circumstance.

8. After hearing both the sides, this Court finds that the interpretation sought to be made as desired by the petitioner is not correct or sustainable. The seat was originally coming within the purview of 50% quota earmarked to the Government. Since no candidate could be advised by the Commissioner for Entrance Examinations in respect of the said vacancy, by virtue of the terms of the agreement and Ext.P2 G.O., the same was possible to be filled up by the Management; however subject to the satisfaction of eligibility/qualification by the concerned candidate. Admittedly, the petitioner herein had qualified only in the examination conducted by the Karnataka Religious and Linguistic Minority Professional Colleges Association and had not cleared any examination conducted by the National Level Entrance Examination or the Entrance Examination conducted by the CEE or ‘AIPMEE’. At no point of time, was there any case for the concerned parties before the Committee that the Management/institution had taken necessary steps to ascertain whether any other eligible hand was remaining in the eligible list to be accommodated and as such, the Committee was perfectly justified in drawing an inference declining the relief. This Court does not find any infirmity, illegality or irregularity with regard to the proceedings finalised by the Committee.

The Writ Petition fails and the same is dismissed accordingly.

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