NDLI: Anitta Job & Ors. Vs. The State of Kerala & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Education/Educational Institutions
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Education/Educational Institutions: Admission – MBBS course – As per High Court’s order, application for admission to be made online – Appellants-candidates’s case was that although they obtained the demand drafts pertaining to fee for admission prior to the last date for application, but their online application could not be submitted due to some snag in the website of the Malabar Medical College – Name of appellants did not appear in the list of eligible candidates – Complaints by Appellants-candidates – Admission Supervisory Committee (ASC) took cognizance of complaints on 22.9.2016 and noted the stand of the college that their names shall be included in the list of eligible candidates – Notice issued by college accepting the same with condition that candidates shall submit proof of unsuccessful attempts for registration and with demand draft taken before the scheduled cut off date – The college had earlier made attempts for admission in the management/NRI quota but seats could not be filled up –Admissions of all appellants in the college – Eight seats belonging to Management/NRI quota were surrendered to the Government – On 4.3.2017, ASC withheld the admissions of seventy eight candidates under Management quota and eight candidates under NRI quota made by college – ASC rejected the case of four of the candidates who were admitted in the college in Management quota on the ground that their names were outside the list published by the Medical college and with regard to six appellants who were admitted under NRI quota, their admission were disapproved as they were not included in any of the online application lists submitted by the Medical college – Writ petition – Interim order passed permitting appellants to appear in first year MBBS examination – Writ petition dismissed – On appeal, this court ordered interim order to operate and finally held: The present case is not a case where the appellants did not appear in the NEET examination or they were granted admission disregarding the merits of other candidates in NEET – No details of any candidate who secured higher rank or merit to the appellants and was not given admission in the College was brought on record – It may be true that the order of the ASC dated 22.09.2016 did not expressly permit the College to invite all the candidates who had earlier made their unsuccessful attempts for on-line registration to come up for being included in the list of eligible candidates of the College but the College having given such opportunity to others in addition to seven candidates who had complained to the ASC, such action of the College cannot be termed the mala fide or with oblique motive especially when similarly situated candidates were included in the list of eligible candidates – High Court had not given due consideration to the important condition which was put by the College in the notice dated 23.09.2016 that candidates who come, claiming that they made unsuccessful attempts for on-line registration and come up with proof to show that they had prepared demand draft of fee which was of prior date to the last date of admission – This safeguard was enough to ward of applicants who never thought of admission in the College prior to last date of admission – It is not disputed that the appellants had proof of demand drafts in the name of College which were prior to the last date of admission – In the facts of the case where admission was also notified by the University and the ASC for the first time disapproved their admissions only on 3.6.2016 and further the appellants were also permitted to appear in the examination of MBBS First Year by the High Court, at this distance of time, the appellants cannot be thrown out of the College on account of the shortcomings as pointed by the ASC and the High Court – The order of the High Court and the ASC is set aside.
Judge	Hon'ble Mr. Justice Ashok Bhushan
Neutral Citation	2018 INSC 386
Petitioner	Anitta Job & Ors.
Respondent	The State Of Kerala & Ors.
SCR	[2018] 5 S.C.R. 326
Judgement Date	2018-04-20
Case Number	3874

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