Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Education/Educational Institutions: Medical admissions – NEET-UG in unaided private medical colleges in the State of Kerala – |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Education/Educational Institutions: Medical admissions – NEET-UG in unaided private medical colleges in the State of Kerala – Grant of time for fresh registration in the Non-resident Indian quota – Reservation of seats for the NRI quota in private medical colleges in the State of Kerala, if could be transferred to the unreserved category – On facts, out of the 358 NRI seats in the unaided private medical colleges in the State of Kerala, 300 seats were filled up before the second allotment – About 57 seats in the NRI quota vacant – Writ petition filed seeking direction to grant time for fresh registration in the NRI quota seats before the commencement of the mop-up counselling – Direction by the Single Judge of the High Court to the Commissioner for Entrance Examination-CEE to consider the representation filed by the respondent association – On consideration thereof, the CEE held that no further extension of time could be provided since candidates had already been given sufficient time to apply for the NRI quota – Thereafter, few more students exercised their options and 47 NRI quota seats became vacant – Transfer of said 47 vacant NRI seats in private medical institutions by CEE to the general State quota for the mop up round – Subsequently, dismissal of writ petition by the Single Judge – Writ appeal there against also dismissed – Appeal before this Court by the candidates, who qualified NEET exam and had applied under the NRI category, but were not parties before the High Court – Held: Phrase ‘special reservation’ cannot be read to include the NRI quota when the prospectus does not stipulate the NRI quota as a category of reservation under Clause 4 – Even if it is accepted that the NRI quota is a special reservation, the unoccupied seats can only be transferred to the mandatory quotaSEBC and EWS reservation seats – However, the CEE transferred the unoccupied NRI quota seats to State merit – Reasoning of the High Court that the respondent could transfer the unoccupied NRI quota seats to State merit by virtue of clause 5.5.4 is erroneous – However, since the appellants have not challenged the provisions of the Information Bulletin which stipulate that the vacant NRI seats shall be converted to unreserved seats during the mop-up round, the legality of such a conversion of seats cannot be decided – Also, the appellants have not contended that the rejection of the representation seeking extension of time to apply for the NRI quota seats was malafide or arbitrary – In view thereof, the matter is dismissed. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2022 INSC 585 |
Petitioner | Maha P. & Ors. |
Respondent | The State Of Kerala & Ors. |
SCR | [2022] 4 S.C.R. 90 |
Judgement Date | 2022-05-18 |
Case Number | 3654 |
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