High CourtsSingle Bench(2022) 05 KL CK 0092

Aswin Das vs Union Of India

High Court Of Kerala · Decided on 20 May 2022

HON’BLE JUDGES
P.V.Kunhikrishnan, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No. 16355 Of 2022

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Judgment

11 paragraphs · 541 words

P.V.Kunhikrishnan, J.

1.

The above writ petition is filed with the following prayers:

“(i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to comply with clause 7.5 of Exhibit P1 prospectus.

(ii) Issue  a  writ  of  mandamus  or  any  other

appropriate writ, order or direction directing the 2nd respondent to allot an examination centre to the petitioners in the same state/ adjoining state as per the provisions contained in Exhibit P1 prospectus.

(iii) Grant such other relief deemed fit to this Hon'ble Court.”[SIC]

2.

The grievance of the petitioners is that the NEET – PG Examination is scheduled on tomorrow (21.05.2022). The Admit cards were issued to the petitioners and other candidates only on 14.05.2022. As per Clause 7.5 of Ext.P1, if the examination centre is not available in the State, nearby state is to be given. It is also stated in Clause 7.5 that the candidates opting for other options shall be informed about their testing city in advance. The grievance of the petitioners is that the admit cards were received only on 14.05.2022 and the examination is scheduled on 21.05.2022. The petitioners were allotted examination centres at Andhra Pradesh and Hyderabad. They are not in a position to took tickets to travel to the said examination centres. Hence this writ petition is filed.

3.

Heard counsel appearing for the petitioners and the Standing Counsel appearing for 2nd respondent. I also heard the counsel appearing for 3rd respondent and the ASGI.

4.

Counsel for the petitioners narrated their grievance in detail. The counsel submitted that the petitioners received the admit cards only on 14.05.2022 and the examination is scheduled on 21.05.2022. The petitioners are not in a position to reach the examination centres on 21.05.2022 which is a far away place. The counsel also takes me through Clause 7.5 of Ext.P1 Information bulletin. The Standing counsel appearing for the 2nd respondent takes me through Clause 7.3 of Ext.P1. The Standing counsel submitted that most of the petitioners were adjusted in Kerala itself when the examination was scheduled in March 2022. But now when the examination was postponed, the Examination centres which were originally allotted was not available and that is why the petitioners were given the examination centres in Hyderabad and Andhra Pradesh. The Standing counsel also submitted that about 2,65,000 candidates are appearing for the examination and it is an all India level examination. The counsel submitted that, if any order is passed, that will create trouble. The counsel also submitted that all arrangements are made for the examination.

This Court considered the contentions of the petitioners and the respondents. This Court also considered Clauses 7.3 and 7.5 of Ext.P1. It is true that there is inconvenience to the petitioners because of the sudden notice about the examination centres. But the examination is scheduled on 21.05.2022. All the arrangements were made and about 2,65,000 candidates are appearing for this examination. On the previous day of the examination, it will not be proper on the part of this Court to postpone the examination or to interfere with the examination centres which is now alloted to the petitioners. I see no merit in this writ petition.

Therefore, this writ petition is dismissed.