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MAHA P. & ORS.
v.
THE STATE OF KERALA & ORS.
Miscellaneous Application No. 1242 of 2022
In
(Civil Appeal No. 3654 of 2022)
JULY 22, 2022
[DR. DHANANJAYA Y CHANDRACHUD AND
A S BOPANNA, JJ.]
Education/Educational Institutions: Medical admission —
NEET-UG – Matter pertaining to transferring of the seats reserved
for the NRI quota in private medical colleges in the State of Kerala
to the unreserved category – Order by this Court to the effect that
the Government had issued orders permitting NRI candidates to
cure defects in attestation by 31st March 2022 – Instant application
for modification by the State of Kerala stating that there was no
extension of the date for curing defects in attestation until 31st
March 2022 and the last date was, in fact, 02nd March 2022 –
Held: Issue as to whether there was any extension of time beyond
02nd March 2022 not a matter for determination in the proceedings
before this Court – Thus, the issue may be decided in appropriate
proceedings on its own merits.
CIVIL APPELLATE JURISDICTION: Miscellaneous Application
No. 1242 of 2022 in Civil Appeal No. 3654 of 2022.
From the Judgment and Order dated 08.04.2022 of the High Court
of Kerala at Ernakulam in W.A. No. 485 of 2022.
Haris Beeran, Mushtaq Salim, Usman Ghani Khan, Azhar Assees,
Radha Shyam Jena, Advs. for the Appellants.
Nishe Rajen Shonker, Ms. Anu K. Joy, Alim Anvar, Sayid Marzook
Bafaki, Advs. for the Respondents.
[2022] 6 S.C.R. 817
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SUPREME COURT REPORTS
[2022] 6 S.C.R.
The following Order of the Court was passed:
O R D E R
1. In paragraph 2 of the judgment of this Court dated 18 May
2022, it has been recorded that the Government had issued orders
permitting NRI candidates to cure defects in attestation by 31 March
2022. This statement appears to be consistent with the facts set out in
para 10 of the judgment of the Single Judge dated 4 April 2022.
2. The State of Kerala has moved the application for modification
stating that, as a matter of fact, there was no extension of the date for
curing defects in attestation until 31 March 2022 and the last date was,
in fact, 2 March 2022. Mr Nishi Rajen Shonker, learned counsel states
that the above sentence in the judgment of this court has given rise to
another proceeding in the High Court.
3. The issue as to whether there was any extension of time
beyond 2 March 2022 was not a matter for determination in the
proceedings before this Court. The issue may, therefore, be decided in
appropriate proceedings on its own merits on the basis of the record.
4. The Miscellaneous Application is accordingly disposed of with
the above clarification.
Nidhi Jain
Miscellaneous Application disposed of.
Lex