A division bench, comprising Justice Satish K Agnihotri and Justice K K Sasidharan, said the state had moved the Supreme Court to extend the deadline for completing the admission process by filling the seats surrendered by Director General of Health Services (DGHS).
"The Supreme Court granted permission to complete the process. The state is, therefore, entitled to make admission from the state list and fill the vacant seats," the bench said, concurring with the submissions made by the Advocate General A.L. Somayaji.
The state submitted that the single judge had erred in passing such an order as it would not be possible for the state to take up CBSE list and grant admissions as students from different states and their reservation status was not in public domain.
The bench in its order further said, "Though it is the prerogative of DGHS to conduct online counselling before the last date of September 30 and fill the seats, no such exercise was conducted."
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The single judge had allowed a petition filed by one Santhosh who had secured 12485th rank in All India Pre-Medical Entrance Test (AIPMT) seeking admission in the DGHS quota.
As DGHS did not conduct online counselling before the last date of September 30 to fill the seats, the candidate cannot claim the seat under DGHS quota, the state submitted.
The bench then allowed the appeal enabling the state to proceed with the allotment process of 74 seats to the candidates under the state quota.