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2025 Supreme(Ker) 1313
IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J.
Karthik E. Binod - Appellant
Versus
Medical Counselling Committee (MCC) - Respondent
W.P. (C) No. 43449 of 2024
Decided On : 19-05-2025
Advocate Appeared:
For the Appellants : Aji V. Dev, Alan Priyadarshi Dev, S. Sajeevan
For the Respondents: Ammu Charles, S. Abhilash, K. Manoj Chandran, S.A. Mansoor, K. Siju, Anjana Kannath, Krishna T.C.
Interim orders in medical admissions must be respected, and subsequent allotments that contravene these orders are legally unsustainable.
Headnote:
(A) Medical Admission Process - NEET UG-2024 - Interim orders - The petitioners sought admission to MBBS courses, asserting that vacant seats should not remain unfilled, violating principles of equity and natural justice. The court noted that one seat remained vacant despite multiple rounds of allotment. (Paras 2, 6, 10)
(B) Legal Standing of Interim Orders - The court emphasized that the Medical Counselling Committee's subsequent allotment was unsustainable as it disregarded the interim order directing the admission of the first petitioner. (Paras 10, 12)
Facts of the case:
Two students filed writ petitions for MBBS admissions, with one asserting non-allocation despite available seats and the other seeking to withdraw after being provisionally admitted.
Findings of Court:
The court allowed the first writ petition, affirming the interim admission, and dismissed the second as not pressed.
Issues: The main issues included the validity of the interim order and the legality of subsequent allotments by the Medical Counselling Committee.
Ratio Decidendi: The court ruled that interim orders must be respected, and subsequent actions that contravene them are legally unsustainable.
Result: W.P.
(C) No.43449/2024 is allowed; W.P.
(C) No.44690/2024 is dismissed.
JUDGMENT :
W.P. (C) Nos. 43449 & 44690 of 2024
1. These writ petitions have been filed by two students who are desirous of prosecuting their MBBS studies in Amrutha School of Medicine. The parties are referred to in this judgment as they are described in W.P. (C) No. 43449/2024, for convenience.
2. The petitioner in W.P. (C) No. 43449/2024 is a student, who appeared in the NEET UG-2024 and qualified for online Medical Counselling. The petitioner stated that in spite of participating in the online medical counselling, the petitioner was not allotted a seat, despite availability of vacant seat. The petitioner asserted that leaving a medical seat unfilled violates the principles of equity fairness and natural justice, especially when medical seats are scarce natural resources.
3. When this writ petition came up for admission on 09.12.2024, it was submitted on behalf of the 3rd respondent-Medical School that in the special stray round for filling up last of the vacancy, a student was allotted seat, but he did not turn up and informed that he is not interested to join. In the circumstances, this Court passed an interim order directing the respondents to admit the petitioner to the course forthwith, if the petitioner satisfied all other parameters.
4. The 4th respondent who filed W.P. (C) No. 44690/2024 is also an aspirant to MBBS Course, who has appeared in the NEET UG-2024. She secured All India Rank of 334961 and 101254 rank in the category section. The 4th respondent was allotted to the 3rd respondent-School of Medicine, after counselling. Though the 4th respondent paid fees and security deposit, the 3rd respondent-School of Medicine did not admit the petitioner. Hence, the petitioner is before this Court.
5. Heard.
6. It is discernible from the arguments and pleadings that one seat of MBBS remained vacant in the 3rd respondent-School of Medicine even after stray round allotment. This Court in W.P. (C) No. 43449/2024 passed an interim order on 09.12.2024 directing to admit the petitioner therein to the vacant seat.
7. On 20.12.2024, the Hon’ble Apex Court in Era Lucknow Medical College and Hospital v. The State of Uttar Pradesh and others, W.P. (C) No. 833/2024 extended the period of NEET UG admissions till 30.12.2024. Thereafter, the 4th respondent was allotted the seat in the 3rd respondent-School of Medicine, which seat was already filled up provisionally pursuant to the interim order of this Court. This allotment was made, obviously, without noting the interim order of this Court.
8. The counsel for the 4th respondent has filed a Withdrawal Memo dated 09.01.2025 stating that the petitioner is not pressing W.P. (C) No. 44690/2024 and wants to withdraw the writ petition.
9. Even after four rounds of allotment, one medical seat in the 3rd respondent-School of Medicine remained vacant. The 3rd respondent issued a notice dated 19.11.2024 to conduct a Special Stray Vacancy Round for vacant seats. However, one MBBS seat in the 3rd respondent-Medical School remained vacant. In the circumstances, the petitioner in W.P. (C) No. 43449/2024 approached this Court on 05.12.2024. Considering the afore facts, this Court passed an interim order on 09.12.2024 directing the respondents to admit the petitioner to the course forthwith. The Medical Counselling Committee was the 1st respondent in the writ petition and was represented by the Deputy Solicitor General of India.
10. Subsequently, finding that seats are vacant in many other Medical Colleges, the Hon’ble Apex Court passed order dated 20.12.2024 in W.P. (C) No. 833/2024 holding that precious medical seats shall not go in waste. The Apex Court directed the Admission Authorities to hold a fresh stray /special counselling for the seats remaining vacant. Pursuant to the said order, it appears that the 1st respondent-Medical Counselling Committee allotted the 4th respondent to the 1st respondent-School of Medicine and the 1st respondent Medical School has admitted the petitioner subject to the final out
