IMPORTANT POINT
Being unable to file applications online due to technical snag cannot debar a candidate from taking admission provided he qualified ij NEET and purchased the bank demand draft before stipulated date.

JUDGMENT :

Ashok Bhushan, J.

The appellants, ten in numbers, have filed this appeal against the Division Bench Judgment of the High Court of Kerala dated 04.01.2018 by which their writ petition challenging the order of Admission Supervisory Committee dated 03.06.2017 has been dismissed.

2. The brief facts of the case which need to be noted for deciding this appeal are:

The Malabar Medical College and Research Centre has sanctioned intake capacity of 150 students in MBBS Course. With effect from 2016-2017 admission in MBBS Course was to be conducted on the basis of NEET examination. This Court vide its order dated 06.05.2016 in Sankalp Charitable Trust and another vs. Union of India and others, (2016) 7 SCC 487, has directed that no examination shall be permitted to be held for admission to MBBS or BDS studies by any private college or association or any private/deemed university. All admissions in the MBBS Course were to be done on the basis of National Eligibility-cum-Entrance Test (NEET). All the appellants appeared in the NEET examination and declared qualified with their respective ranks. The State of Kerala has issued various Government orders pertaining to admission procedure in Government/Management/NRI seats in the private/self-financing Colleges. As per the orders issued by the Government of Kerala, the Commissioner of Entrance Examination shall make allotment for MBBS in the Government Management/NRI seats in all private/self-financing Colleges.

3. The Writ petitions were filed by different Medical Colleges challenging the Government Orders. The Kerala High Court in a bunch of writ petitions, leading writ petition being No.28041 of 2016 on 26.08.2016 stayed the orders issued by the State of Kerala with certain directions pertaining to admission in MBBS/BDS Courses. The Malabar Medical College (hereinafter referred to as the 'College') submitted a prospectus to the Admission Supervisory Committee (hereafter referred to as the 'ASC') and got it approved on 06.09.2016. As per the order passed by the Kerala High Court dated 26.08.2016 and as per procedure laid down by the ASC, the applications for admissions were to be made online. Last date for submitting application online for admission was 09.09.2016. The respective Colleges were also directed to publish the list of applications received online so as to enable the ASC to supervise and guide the entire admission process.

4. The appellants' case is that although they obtained the demand drafts from banks pertaining to the fee for admission prior to 09.09.2016, but their online applications could not be submitted due to some snag in the website of the College. On 13.09.2016 College published a list of 1335 candidates in which the names of the appellants were not there. Certain other candidates whose names were not included in the list filed complaints before the ASC. The ASC taking cognizance of the complaints issued an order on 22.09.2016 noticing the stand of the College that their names shall be included in the list of eligible candidates. After receiving the aforesaid order dated 22.09.2016 a notice was also issued by the College on their website on 23.09.2016.

5. The notice dated 23.09.2016 represented to the students that applications from all those with proof of (i) their unsuccessful attempts for registration and (ii) with demand draft taken before the scheduled cut off date, shall be accepted by the College. The appellants in pursuance of the notice 23.09.2016 by the College submitted their applications along with proof that the demand drafts were taken before the scheduled cut off date. Supplementary list of 33 eligible students was published by the College on 27.09.2016 in which names of all the appellants were included. The College had earlier made two attempts for admission in the Management quota/NRI quota but seats could not be filled up.

6. On 28.09.2016, the appellants were admitted by the College and on 30.09.2016, the list of 142 students including the names o