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2022 Supreme(Online)(KER) 8388

HIGH COURT OF KERALA
ASWIN RAVINDRAN M – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
['S VINOD BHAT', '', 'ANAGHA LAKSHMY RAMAN', 'GREESHMA CHANDRIKA R']

JUDGMENT

The petitioner had qualified in the Entrance Examination for the NEET (PG) Medical Course conducted by the 2nd respondent and secured a score well above 50%, which is the minimum percentile for general category students. He applied under the NRI quota. The 2nd respondent noted certain defects in the application and the petitioner was asked to cure the defects and upload the necessary documents as is evident from Ext.P2 memo. The petitioner contends that he became aware that he was not included in the category list of NRI quota candidates only on 30.1.2022. Being aggrieved, the petitioner approached this Court and filed W.P.(C) No.8436 of 2022. This Court, after considering the facts and circumstances, dismissed the writ petition by Ext.P3 judgment. Paragraph Nos.4 and 5 of the judgment are of some relevance and are extracted below for convenience.

4. On a consideration of the rival submissions, we find that, while the defect in the relationship certificate uploaded by the petitioner cannot be seen as so critical as to deprive the petitioner of the benefit of the NRI quota, the absence of a declaration and an undertaking in the affidavit for NRI sponsorship is a fatal defect

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