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2026 Supreme(Online)(Ker) 7027

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
VRINDHA BABU – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 48565 OF 2025



Advocates:
For the Appellants/Petitioners: SMT.L.ANNAPOORNA
For the Respondents: SMT.SHAMEENA SALAHUDHEEN, SRI.T.B.HOOD, SMT.M.ISHA, SMT.SHIYON BIJU, SRI. SREEJITH V.S, SENIOR GOVERNMENT PLEADER, SRI.T.B.HOOD

The High Court cannot direct the creation of additional seats for admission contrary to the statutory framework.

Headnote:This judgment concerns WP

(C) No. 48565 of 2025, where the petitioner sought to quash the cancellation of her BPT course admission. Findings noted that the allotment was canceled due to technical defects and subsequent spot allotments. The court ruled that the petitioner’s cancellation could not be interfered with, as the additional respondent had a rightful claim. The court found no available seats to accommodate the petitioner and emphasized adherence to the law over compassion.

Result: The writ petition is dismissed.

Table of Content
1. petitioner seeks to quash the cancellation of admission. (Para 1 , 2 , 3)
2. counter affidavit details the cancellation reasons and responses. (Para 4 , 5)
3. court considers the unfortunate situation of the petitioner. (Para 6 , 7)
4. court refuses to create additional seats. (Para 8 , 9)
5. petition dismissed; court emphasizes legal remedies available. (Para 10 , 11)

JUDGMENT

Petitioner seeks for a direction to quash Ext.P7, Ext.P8 and Ext.P9 orders to the extent it cancelled her allotment of admission for the course Bachelor of Physiotherapy (BPT) at the Government Medical College, Kottayam. Petitioner also seeks for a declaration that she is entitled for admission to the BPT course at the aforenoted college and to restore her allotment and admission.

2. The circumstances arising in the instant case is rather unfortunate. Petitioner had initially obtained admission in the School of Medical Education, Kottayam (for short SME). After she took admission at SME, she was informed that she had been allotted BPT course at the Government Medical College, Kottayam also, as allotment No.23. Hence she withdrew her secured admission at SME and participated in the allotment for admission to the Government Medical College, Kottayam and was even granted admission. By Ext.P6, she was, after payment of the requisite fee, permitted to join the course at the Govt. Medical College, Kottayam on 17.12.2025. However, by Ext.P7 intimation, issued by the 3rd respondent, it was informed that her allotment effected on 16.12.2025 stood cancelled and another allotment will be held on 18.12.2025. Subsequently, as a reply to petitioner's email, she was informed that her seat was allotted to the additional 5th respondent as he had allegedly higher marks. Immediately on realising the cancellation of her allotment, petitioner approached this Court through this writ petition seeking the following reliefs :

i. call for the records leading to Exhibit-P7, P8 and Exhibit-P9 and quash Exhibit-P7 in toto, Exhibit-P8 to the extent it rejects the claim of the petitioner and Exhibit-P9 to the extent allotment No.23 mentioned against Sl.No.24 therein is shown as freezed, by the issuance of a writ of certiorari or any other writ, order or direction.

ii. declare that the petitioner is entitled to admission to the Bachelor of Physiotherapy course at Government Medical College, Kottayam, pursuant to the spot allotment conducted by the 3rd respondent, Exhibit-P3 allotment memo and Exhibit-

P6 admission chit.

iii. issue a writ of mandamus or any other appropriate writ, order or direction commanding respondents 3 and 4 to restore the allotment and admission granted to the petitioner pursuant to Exhibit-P3 allotment memo and Exhibit-P6 admission chit.

iv. issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to permit the petitioner to continue her admission to the Bachelor of Physiotherapy course at Government Medical College, Kottayam, against the seat presently shown as freezed in Exhibit-P9, notwithstanding the subsequent spot allotment conducted on 18.12.2025.

3. A counter affidavit has been filed on behalf of the 3rd respondent stating that the petitioner was Rank No.9193 in the State Merit List and had participated in the online allotment conducted on 16.12.2025 and was allotted a seat at the Government Medical College, Kottayam for BPT. However, due to certain serious technical defects in running the program, which resulted in omitting some candidates for allotment, the whole of the allotments conducted on 16.12.2025 was cancelled on 17.12.2025 which was published in the website of LBS Centre, apart from intimating all the candidates of the same through email as well as personal telephone calls. The said respondent also pleads that spot allotments were conducted after regular online allotments to fill up the remaining vacancies. A spot allotment was conducted on 18.12.2025 wherein the additional 5th respondent w

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