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 as far as the application for consideration under the NRI quota is concerned. It is not in dispute that in the affidavit that was uploaded by the petitioner in this regard, there was no declaration or undertaking by the sponsor to bear the tuition fee and other expenses of the petitioner during the duration of the course that he was seeking admission to. This declaration/undertaking being the very essence of the sponsorship that would entitle the petitioner for applying under the NRI quota, its absence cannot be viewed lightly. We are therefore constrained to hold that in as much as the petitioner did not cure the defect with regard to the NRI sponsorship certificate and upload the proper document within the time granted to him by the respondents, the application of the petitioner under the NRI quota must be seen as defective and not valid.

Before parting with this case and taking note of the submission of the learned counsel for the petitioner that there have been occasions where the State Government has extended the period for curing the defects, we make it clear that in the event of the State Government extending the period for curing the defects, then it will be open to the petitioner to cure the defects in the application, notwithstanding the dismissal of this writ petition. As of now, however, we find ourselves unable to grant the relief sought for in the writ petition. The writ petition therefore fails and accordingly dismissed

2. The petitioner contends that on 15.3.2022, respondents 1 and 2 have issued Ext.P5 notification inviting applications by lowering the minimum qualifying criteria for Post Graduate Medical Admission. As per Ext.P5, the applications had to be submitted between 3.00 pm on 16.3.2022 and 10.00 am on 19.3.2022. Later, Ext.P7 notification was issued extending the time to cure the defects if any till 23.3.2022. The petitioner asserts that the respondents have granted yet another opportunity to the candidates applying for the NRI quota as per Ext.P5 to submit documents with Embassy/Consulate Attestation by 4.4.2022. In respect of those candidates, seats are allotted provisionally in the mop-up round. Later, Ext.P9 notification was issued calling for registration of option by eligible candidates including provisionally eligible candidates for the mop-up round and the last date for registration of option has been fixed as 31.3.2022. According to the petitioner, students securing less marks than the petitioner are being admitted to NRI seats without proper documentation whereas the petitioner who had secured much higher marks has been sidelined. It is contended that the petitioner should have been granted an opportunity to cure the defects in his application, at least at par with the students who have been made eligible subsequen