High CourtsSingle Bench(2023) 10 KL CK 0209

Dr. Hayfa Tharuvai vs State Of Kerala

High Court Of Kerala · Decided on 26 October 2023

HON’BLE JUDGES
T.R. Ravi, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No. 35105 Of 2023

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Judgment

4 paragraphs · 307 words

T.R. Ravi, J

1.

The petitioner has approached this Court, being aggrieved by not getting admission in the stray vacancy round. According to the petitioner, she had appeared before the 4th respondent College on 20.10.2023, as was required by the notification and paid the fee for joining the course, but the College failed to close the admission, which resulted in the vacancy being shown as existing even on 21.10.2023. It is hence submitted that if the admission had been closed on 20th, the petitioner should have been admitted.

2.

The Counsel for the 4th respondent submitted that on 20th they received a mail stating that the stray vacancy round has been extended till 25th by order of the MCC and hence the admission can be closed only by 4 p.m on 25.10.2023. It is submitted that all applications received till 2 p.m on 25.10.2023, will have to be considered and the best claimant will have to be given admission going by the scheme of allotment. The Counsel for the petitioner submitted that the extension of the period was as per a notification which has been issued on 21.10.2023 and it can only be an extension from 21.10.2023, which would mean that if vacancies are not available on 21.10.2023 the extension will not affect the petitioner's admission. The Government Pleader on instructions submitted that MCC had issued orders extending the period as early as on 17.10.2023 itself and a consequential notification was issued only on 21.10.2023. In such circumstances, it can be seen that the stray vacancy round was scheduled till 25.10.2023 and any application received till 25.10.2023, will have to be considered. The counsel for the 4th respondent submitted that the better claimant has been given admission.

In the above facts situation, no relief can be granted to the petitioner. The writ petition fails and is dismissed.