Supreme Court of India
MAHA P. & ORS. versus THE STATE OF KERALA & ORS. on 22 July 2022
[2022] 6 S.C.R. 817
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 ANDA S BOPANNA, JJ.]
Education/Educational Institutions: Medical admission —NEET-UG – Matter pertaining to transferring of the seats reservedfor the NRI quota in private medical colleges in the State of Keralato the unreserved category – Order by this Court to the effect thatthe Government had issued orders permitting NRI candidates tocure defects in attestation by 31[st] March 2022 – Instant applicationfor modification by the State of Kerala stating that there was noextension of the date for curing defects in attestation until 31stMarch 2022 and the last date was, in fact, 02nd March 2022 –Held: Issue as to whether there was any extension of time beyond02nd March 2022 not a matter for determination in the proceedingsbefore this Court – Thus, the issue may be decided in appropriateproceedings on its own merits.
CIVIL APPELLATE JURISDICTION: Miscellaneous ApplicationNo. 1242 of 2022 in Civil Appeal No. 3654 of 2022.
From the Judgment and Order dated 08.04.2022 of the High Courtof 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 MarzookBafaki, Advs. for the Respondents.
817
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818SUPREME COURT REPORTS
AThe following Order of the Court was passed:
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ORDER
1. In paragraph 2 of the judgment of this Court dated 18 May2022, it has been recorded that the Government had issued ordersBpermitting NRI candidates to cure defects in attestation by 31 March2022. This statement appears to be consistent with the facts set out inpara 10 of the judgment of the Single Judge dated 4 April 2022.
2. The State of Kerala has moved the application for modificationstating that, as a matter of fact, there was no extension of the date forCcuring defects in attestation until 31 March 2022 and the last date was,in fact, 2 March 2022. Mr Nishi Rajen Shonker, learned counsel statesthat the above sentence in the judgment of this court has given rise toanother proceeding in the High Court.
3. The issue as to whether there was any extension of timeDbeyond 2 March 2022 was not a matter for determination in theproceedings before this Court. The issue may, therefore, be decided inappropriate proceedings on its own merits on the basis of the record.
4. The Miscellaneous Application is accordingly disposed of withthe above clarification.E
Nidhi Jain
Miscellaneous Application disposed of.
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