A statutory body exercising quasi-judicial functions cannot appeal against the annulment of its decisions unless it is an aggrieved party, maintaining judicial discipline.

JUDGMENT

Muralee Krishna, J.

The preliminary point we answer by this order is the maintainability of this writ appeal, in view of the challenge raised by the 1^st respondent regarding the entitlement of the appellant Admission Supervisory Committee (the ‘Committee’ for short) to file the appeal, contending that the appellant being a statutory body constituted under the Kerala Medical Education (Regulation and Control of Admission to Private Medical Educational Institutions) Act , 2017 (‘Act 15 of 2017’ for short), cannot be considered as the aggrieved person.

2. The facts which led to the filing of W.P.(C)No.31971 of 2024, from which the present writ appeal has arisen, are as under:

2.1. The 1^st respondent - writ petitioner appeared for the National Eligibility Cum Entrance Test (UG) -2023 and scored 105 marks in the said test. The result of the test was declared on 13.06.2023, and 1^st respondent was granted admission to the BAMS course in the stray vacancy on 29.11.2023, for the academic year 2023-2024, at Santhigiri Ayurveda Medical College.

2.2. The 1st respondent was granted admission under the OBC category as he belonged to Chakkala Nair community, which is a community coming under the OBC category by virtue of Ext.P2 Government Order dated 11.09.2023. Thereafter, the Tahsildar, Kottarakkara, issued Ext.P3 certificate dated 25.11.2023 providing that the community mentioned as Hindu Nair in the SSLC certificate of the 1^st respondent is in fact Hindu Chakkala Nair. It was officially published in the Kerala Gazette by Ext.P3(a) notification No.49 dated 02.12.2023. Thereafter, the 1^st respondent was issued with Ext.P4 non-creamy layer certificate dated 14.05.2024 and Ext.P5 caste certificate dated 15.05.2024.

2.3. On 14.05.2024, the Principal of the College, by Ext.P6 communication dated 14.05.2024, requested the appellant to approve the admission of the 1^st respondent under the OBC category. But, by Ext.P7 order dated 25.06.2024 issued by the appellant, the admission of the 1^st respondent was withheld, pending consideration of Ext.P6, and it was directed not to register the name of the withheld candidate until further orders.

2.4. Aggrieved by Ext.P7 order, the mother of the 1^st respondent submitted Ext.P8 communication dated 01.07.2024 to the Chairman of the appellant, annexing all the necessary documents. In reply to Ext.P7 order, the Principal of the College had submitted Ext.P9 reply dated 02.07.2024 requesting to approve the admission of the 1^st respondent under the OBC category on the strength of Ext.P2 Government Order and Ext.P3 certificate. Thereafter, the appellant issued Ext.P10 order dated 05.09.2024 disapproving and cancelling the admission granted to the 1^st respondent under the OBC category for the BAMS course in the college. Being aggrieved, the 1^st respondent filed the writ petition under Article 226 of the Constitution of India seeking the following reliefs:

“(i) Issue a writ of certiorari calling for records and leading to Ext.P7 to the extent it withheld the admission of the petitioner under OBC category and to quash the same;

(ii) Issue a writ of certiorari calling for records and leading to Ext.P10 and to quash the same;

(iii) Issue a writ declaring that the petitioner is eligible for admission under OBC category for BAMS course at Santhigiri Ayurveda Medical College in view of Exts.P2 and P3.

(iv) Issue a writ declaring that the admission to the petitioner is proper and in accordance with the prescribed procedure”.

3. After hearing both sides and on appreciation of materials on record, the learned Single Judge by the impugned judgment dated 30.01.2025 disposed of the writ petition by setting aside Exts.P7 and P10 orders passed