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2026 Supreme(Online)(Ker) 8908

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MURALEE KRISHNA S., JJ
STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – Appellant
Versus
DR ANJU MARIYA VARGHESE – Respondent


Advocates:
For the Appellants/Petitioners: SMT.NISHA BOSE, SENIOR GOVERNMENT PLEADER
For the Respondents: SHRI.AMAL PARTHASARADHY, SRI.ARUN.B.VARGHESE, SRI.P.M.SANEER, SMT.RAKHI RAJ, SRI.GIBI.C.GEORGE, ADV.TONY GEORGE KANNANTHANAM

Table of Content
1. participation in neet pg and fee conditions. (Para 2 , 3)
2. arguments on forfeiture clause and rights. (Para 6 , 7)
3. mop-up counselling process and implications. (Para 8 , 9 , 10)
4. judgment reaffirms binding terms of prospectus. (Para 12)

JUDGMENT

Muralee Krishna, J.

The respondents 1 and 2 in W.P.(C) No.16607 of 2023 filed this writ appeal under Section 5 (i) of the Kerala High Court Act, 1958 , challenging the judgment dated 30.01.2024 passed by the learned Single Judge in that writ petition.

2. Going by the averments in the writ petition, respondents 1 to 4 are Doctors. They participated in the National Eligibility cum Entrance Test (NEET PG) 2021 on 11.09.2021 for securing admission to Post-Graduation courses. Respondents 1 to 4 participated in the first allotment/second allotment (counselling) respectively conducted by the 2nd appellant, and they secured admission/seats in different Colleges. But respondents 1 to 4 exited from the seats allotted to them, invoking the provision of free exit within the time fixed by the 2nd appellant. Thereafter, respondents 1 to 4 applied to participate in the State Mop-Up counselling conducted by the 2nd appellant. At the ti

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