MAHA P. & ORS.versusTHE STATE OF KERALA & ORS.

                        [2022] 6 S.C.R. 817                            817


                        MAHA P. & ORS.                                 A
                                 v.
                THE STATE OF KERALA & ORS.
            Miscellaneous Application No. 1242 of 2022
                                                                       B
                                 In
                  (Civil Appeal No. 3654 of 2022)
                          JULY 22, 2022
        [DR. DHANANJAYA Y CHANDRACHUD AND
                  A S BOPANNA, JJ.]                                    C

       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    D
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       E
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          F
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,      G
Radha Shyam Jena, Advs. for the Appellants.

      Nishe Rajen Shonker, Ms. Anu K. Joy, Alim Anvar, Sayid Marzook
Bafaki, Advs. for the Respondents.

                                                                       H
                                817
818                SUPREME COURT REPORTS                        [2022] 6 S.C.R.


A             The following Order of the Court was passed:

                                    ORDER
            1. In paragraph 2 of the judgment of this Court dated 18 May
      2022, it has been recorded that the Government had issued orders
B     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
C     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
D     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.
E

      Nidhi Jain                               Miscellaneous Application disposed of.




F




G




H