Maha P. & Ors. vs The State of Kerala & Ors.
Background
In unaided private medical colleges in Kerala, 15% of seats are reserved for the NRI (Non-Resident Indian) quota. After two rounds of NEET-UG 2021-22 counselling, 45-57 seats in this quota remained vacant because many candidates could not complete document formalities during the pandemic. The Commissioner for Entrance Examinations (CEE) transferred these vacant NRI seats to the general "State Merit" quota for a mop-up round, relying on a prospectus clause about unavailed "special reservation" seats. A group of NRI-quota candidates who had not managed to secure a seat challenged this transfer, seeking more time to register, but the Kerala High Court (both Single Judge and Division Bench) dismissed their petition, and they then appealed to the Supreme Court.
Decision Breakdown
The Supreme Court noted that the appellants had not actually challenged the validity of the Medical Counselling Committee's Information Bulletin, which independently and explicitly provided that unfilled NRI quota seats would be converted to unreserved ("UR") category seats during the mop-up round: a rule separate from the prospectus clause the appellants had contested. Since that Bulletin provision was not under challenge, the Court held it could not rule on the legality of the seat conversion. It also found, on facts, that of the 37 appellants, only 7 appeared in the NRI category list, only 4 of those had registered options for NRI seats, and none of those 4 had exercised options specifically for the 45 seats that were converted, undermining their claim of being wrongly deprived of a seat. Finding no fault in the CEE's rejection of the request for more time (since sufficient time had already been given and admissions were nearing completion), the Court dismissed the appeals.
Lesson Learnt
In litigation challenging an administrative process, a party must specifically challenge every rule or provision that actually authorizes the disputed action, failing to challenge the operative Bulletin/rule (and challenging only a related but different clause) can be fatal to the claim, regardless of the underlying hardship.