IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TH MONDAY, THE 4 DAY OF APRIL 2022 / 14TH CHAITHRA, 1944 WP(C) NO. 10536 OF 2022 PETITIONER/S:

KERALA PRIVATE MEDICAL COLLEGE MANAGEMENT ASSOCIATION, HAVING ITS REGISTERED OFFICE AT MALABAR MEDICAL COLLEGE CAMPUS, MODAKKALLUR, ATHOLI (PO), KOZHIKODE REPRESENTED BY ITS GENERAL SECRETARY, ANIL KUMAR V., PIN - 673315 BY ADVS.

P.MARTIN JOSE THOMAS P.KURUVILLA P.PRIJITH R.GITHESH AJAY BEN JOSE MANJUNATH MENON SACHIN JACOB AMBAT ANNA LINDA V.J HARIKRISHNAN S.

S.SREEKUMAR (SR.)

RESPONDENT/S:

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION (G, J AND P) DEPARTMENT, 3RD FLOOR, ANNEX-II, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

2 ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

3 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, 5TH FLOOR, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM , PIN - 695001

4 ADMISSION SUPERVISORY / FEE REGULATORY COMMITTEE FOR PROFESSIONAL COLLEGES, KERALA, T.C. 15/1553-4, PRASANTHI BUILDINGS, M P APPAN ROAD, VAZHUTHACAUD THIRUVANANTHAPURAM REPRESENTED BY ITS CHAIRMAN., PIN - 695014 BY ADVS.

ADVOCATE GENERAL OFFICE KERALA SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR PROF. COLLEGES SRI.P.G.PRAMOD, GOVERNMENT PLEADER(GP-50)

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The Kerala Private Medical College Management Association, the petitioner herein, claims that they are an association formed to champion the cause of private Medical Colleges in the State. They have approached this Court seeking directions to the respondents 3 and 4 to grant time for fresh registration in the NRI quota to eligible students before the commencement of Mop-up counseling.

2. Brief facts are as under:

The petitioner contends that, in the Medical Colleges owned by the association members, MBBS courses as well as various Post Graduate Courses are conducted by the National Testing Agency. Pursuant to the publication of the result of National Eligibility cum Entrance Test (NEET), the 3rd respondent published the results/rank list for the State Quota based on the NEET i.e., KEAM 2021 for the Academic year 2021-2022. Immediately thereafter, Exhibit P2 rank list for eligible candidates in the NRI quota was published. The said rank list, consisting of about 618 rank holders, got exhausted after two rounds of counseling. Despite the exhaustion of the Rank List, about 57 seats in the NRI quota are lying vacant in the member colleges.

3. The fees for the various Medical Colleges conducted by the members of the petitioner association is fixed by the 4th respondent after taking into account the fee receivable from the NRI Quota as well. If the NRI seats remain vacant after counseling, the said seats would revert to the State Merit Quota seats resulting in huge financial loss to the members of the association.

4. The petitioner contends that numerous eligible candidates were unable to exercise their option due to the restrictions imposed due to the pandemic. In the said circumstances, the petitioner submitted Ext.P3 representation requesting to invite fresh applications to fill up vacant seats in the NRI Quota before the Mop up allotment. However their request was not heeded to.

5. According to the petitioner, this Court as well as the Apex Court held that the fee prescribed and collected from NRIs, in excess of the fee prescribed for non-NRI candidates, are to be utilized for benefiting the students from economically weaker sections of the society. In view of the above salutary reason, it is only just and proper that the entire NRI Quota seats are filled up or else, it would be financially disastrous for all the member colleges. The petitioners rely on judgments rendered by this Court on early occasions in Exhibits P5 and P6 to subs