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2025 Supreme(Online)(Ker) 58962
IN THE HIGH COURT OF KERALA AT ERNAKULAM
V.G.ARUN, J
KRISHNAENDU K – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 44879 OF 2025
Important Points
Subject
Administrative Law - Education Law
Headnote
(C) No. 44879 of 2025 where the petitioner challenged the non-entertainment of her request for admission to a medical college after surviving health challenges, citing earlier judgments. The court noted limitations due to prior admissions and statutory conditions, dismissing the writ petition.
For the Appellants/Petitioners: SR. ADV. N. RAGHURAJ, SMT.SAYUJYA RADHAKRISHNAN
For the Respondents: SHRI.P.SREEKUMAR (SR.), SRI.P.G.PRAMOD, SRI.S.GANESH, SRI. K.S. PRENJITH KUMAR
| Table of Content |
|---|
| 1. petitioner faced health issues impacting her college admission. (Para 1 , 2) |
| 2. court hears arguments from petitioner and respondents. (Para 3) |
| 3. court notes the binding nature of prior decisions on current petition. (Para 4 , 5 , 6) |
JUDGMENT
The petitioner secured admission in the Medical College, Wayanad District in the National Eligibility Cum Entrance Test (UG), 2025 and joined that college on 06.11.2025. After joining the course, the petitioner was not able to cope with the weather conditions in Wayanad due to her fragile health. While so, the petitioner came across Ext.P7 notification which revealed that there are three stray vacancies in the 3rd respondent institution. The petitioner, therefore, requested for allotment to that institution and on the request being rejected, preferred W.P.(C.) No.42913 of 2025 before this Court. That writ petition was closed finding that the petitioner’s claim cannot be entertained on merits as she had failed to exercise the exit option within time. While closing the writ petition, this Court also observed that the petitioner can make a request for admission to the 3rd respondent institution and it is for the 2nd respondent to take a decision in accordance with the prescribed procedure.
2. The instant writ petition is filed on the premise that the request made by the petitioner in terms of this Court’s observation is not being entertained.
3. Heard, Senior Advocate N.Raghuraj, assisted by Adv.Sayujya Radhakrishnan for the petitioner, learned Government Pleader and the learned Standing Counsel for the National Medical Commission.
4. Although detailed arguments were advanced by the learned Senior Counsel appearing for the petitioner, this Court cannot consider those contentions in view of the earlier judgment.
5. Learned Government Pleader made available a copy of the notification dated 18.12.2025 issued by the Commissioner for Entrance Examinations, by which, a special stray vacancy allotment to MBBS is scheduled to be conducted based on the options received till 23.12.2025. In the notice issued it is specifically stated that the special stray vacancy round will be available only for candidates who are not holding any seat in earlier rounds of All India Quota and State Quota. Insofar as the petitioner was admitted in the State Quota earlier and had not exited when the option was available, this Court cannot issue a writ of mandamus requiring the Commissioner for Entrance Examinations to consider the petitioner’s claim.
6. Although, learned counsel for the petitioner submits that the request for inter-college transfer can be considered separately, such a prayer cannot be entertained as it is beyond the scope of the prayers made in this writ petition.
The writ petition is dismissed accordingly.
Sd/-
