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Judgment
Devan Ramachandran, J
I am disposing of both these writ petitions together, because the constitutive issues impelled therein are analogous and the reliefs sought for are similar, if not identical.
Sri.Kurian George Kannanthanam – learned Senior Counsel, instructed by Sri.P.M.Saneer – learned counsel appearing for the petitioners, explained that the petitioners in these cases have been constrained to approach this Court because the 2nd respondent – Commissioner for Entrance Examinations is refusing to grant them another opportunity of modifying their option, for being included in the NRI Quota for admission to the MBBS Course in the year 2022-23.
The learned Senior Counsel submitted that, as is evident from the statement produced on record on behalf of the 2nd respondent, the candidates have been allowed to change their subjects or to add on to it, in supplementation of their original options; but when it comes to an opportunity to opt for the NRI seats, they say that this will cause delay in the verification process. The learned Senior Counsel argued that this excuse given by the 2nd respondent can only be seen to that and nothing more, since the results of the NEET examinations have not been even yet published.
On hearing the learned Senior Counsel on the afore lines on 01.08.2022, when these matters were listed, I passed the following interim order:
“The only objection raised by the learned Government Pleader is that by granting an additional option at this time the verification Process will be denied. Prima facie, I cannot accept this because the NEET result has not yet been published and I see no reason why the exercise of option at this time should delay the process particularly when, through impugned order, candidates are given option to change their subjects.
The learned Government pleader will, therefore, file counsel statement or counter pleadings as he is advised by the next posting date.
List on 04.08.2022.”
Today, the learned Government Pleader – Sri.P.G.Pramod, conceded that the statement filed by his client avers that candidates who have already submitted applications are allowed to add required courses as per their eligibility. He submitted that, however, if the candidates are now allowed to opt for the NRI seats also, it would cause unnecessary delay in the verification process.
I must say that I cannot find favour with the afore submissions of Sri.P.G.Pramod because, as rightly argued by the learned Senior Counsel – Sri.Kurian George Kannanthanam, even the results of the NEET examinations have not yet been published and candidates are even now allowed to opt for other or additional subjects. When these factors not controverted, I fail to understand how the verification process can be delayed merely because candidates are allowed to opt for the NRI seats also. This is particularly when, as is admitted, they are allowed to add required courses in the already submitted applications.
In the afore circumstances, I am certain that the petitioners in these writ petitions are entitled to relief.
Presumably, being aware of the mind of this Court as afore, Sri.P.G.Pramod – learned Government Pleader, submitted that, if this Court is so inclined, then the Online Portal for the candidates can be kept open for a specified period, so that the process will not be delayed ad infinitum. He suggested that this Court allow the respondents to keep the Portal open for a period of 10 days from tomorrow (05.08.2022).
I am certain that it will be prudent in accepting the afore suggestion of the learned Government Pleader, because it will be unjustifiable to keep the Portal open without any specified time frame.
Resultantly, I order these writ petitions, directing the competent Authorities to keep the Online Portal open for the petitioners and all other candidates, to make options to the NRI Quota, for a period of 10 days from 05.08.2022.
Needless to say, I have not spoken about the entitlement of the petitioners or any other person to be granted the benefits under the NRI quota; and this will be subject to all requisite and mandatory criteria being satisfied by them, notwithstanding the permission to make an option as granted above.