IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI &

THE HONOURABLE MR.JUSTICE BASANT BALAJI MONDAY, THE 17^TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943 WP(C) NO. 1426 OF 2022 PETITIONER/S:

AARATHY NARAYANAN, D/O.NARAYANAN ANANTHARAMAN AGED 25 YEARS, SOPANAM 14/32, KAMALAYALAM COMPOUND, KALPATHY PO, PALAKKAD 678 003 BY ADVS.

R.HARISHANKAR AMAL KASHA RESPONDENT/S:

1 MEDUCAL COUNSELLING COMMITTEE, DIRECTORATE OF HEALTH SERVICES, GOVERNMENT OF INDIA, MINISTRY OF HEALTH AND FAMILY WELFARE, NIRMAN BHAWAN, NEW DELHI 110 108

2 NATIONAL MEDICAL COMMISSION, REP., BY ITS CHAIRPERSON, POCKET – 14, SECTOR – 8, DWARKA PHASE – 1, NEW DELHI 110 077 BY ADVS.

SRI.JAISHANKAR V.NAIR, CGC MANU S., ASG OF INDIA OTHER PRESENT:

CGC KRISHNA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT (Dated this the 17^th day of January 2022)

Basant Balaji J., The petitioner has approached this Court for a direction to the respondents to enable her to upload the documents under the NRI quota and to include her in the list of NRI eligible candidates for admission to Round 1 of NEET – PG counselling 2021.

2. The petitioner cleared NEET – PG examination

2021 and became entitled for admission to MD/MS/Post graduate diploma courses and post MBBS space DNB and NBEMS Diploma course for 2021. As per Ext.P3 notice dated 22.10.2021, the candidates who want to get their nationality converted from Indian to NRI were given time till 11.00 am of 25.10.2021 to send relevant documents in support of their claim for change their nationality from Indian to NRI through email. The petitioner submitted Ext.P2 on 24.10.2021 in Annexure 1 form. As per Ext.P2, the petitioner is to submit the documents claiming that the sponsor is an NRI and a certificate to show the relationship with the NRI to the candidate.

3. According to the petitioner her father is working in UAE and hence, she is entitled to apply for change of nationality from Indian to NRI for which her father had applied before the Embassy for issuance of a certificate showing the relationship with her on 14.10.2021 and that due to Covid 19 restriction, the embassy had given the appointment date only on 25.10.2021 between 12.40 and 13.00 hrs. evidenced by Ext.P6. According to the petitioner, the certificate from the Consulate General of India, Dubai was issued to the petitioner's father only on 27.10.2021 and immediately she forwarded the same through email to the respondents on 28.10,2021, as per Ext.P9 email.

4. Ext.P11 notice dated 12.1.2022 containing a list of NRI eligible candidates for round 1 of PG counselling 2021 was issued by the respondent. The grievance of the petitioner is that though she had uploaded all the documents except the certificate from the Consulate General of India, Dubai within the time prescribed in Ext.P3 due to unforeseen circumstances, she is not included in Ext.P11 list. The counsel for the petitioner submits that it is only because of the delay that occurred at the Consulate General of India, Dubai due to Covid – 19 that she could not upload the same within the time stipulated as per Ext.P3, i.e., on or before 11 am., 25.10.2021.

5. On 14.1.2022, when the case was taken up for admission, the learned Central Government counsel had taken the notice. He prayed for time for getting instructions. But from Ext.P15, it is seen that the Registration/Payment for online PG counselling started on 12.1.2022 and available upto 12 noon on 17.1.2022. In such circumstances, this court by interim order dated 14.1.2022, directed the first appellant to include the name of the petitioner in Ext.P11 list provisionally subject to the outcome of the Writ Petition, so as to enable the petitioner to participate in the 1^st round counselling for admission to MD/MS/Diploma/PG DNB courses in terms of Ext.P15 schedule under NRI quota and the case was posted for today.

6. Today, the counsel for the petitioner submitted that th