Kerala High Court
Gokul Govind vs State Of Kerala on 13 August, 2021
WP(C) No.16828/2021 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Friday, the 13th day of August 2021 / 22nd Sravana, 1943
WP(C) NO. 16828 OF 2021
PETITIONER:
GOKUL GOVIND AGED 51 YEARS S/O C.K. GOVINDAN KUTTY, ARRA-7, AVITTOM
ROAD,, KUMARAPURAM, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM-695011
RESPONDENT:
1. STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT
OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2. THE SECRETARY TO GOVERNMENT DEPARTMENT OF TRANSPORT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001.
3. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY
WELFARE (S) DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
4. THE COMMISSIONER OF ENTRANCE EXAMINATIONS, 5TH FLOOR, HOUSING BOARD
BUILDINGS, SANTHINAGAR, THIRUVANANTHAPURAM-695001.
5. SREE CHITRA THIRUNAL COLLEGE OF ENGINEERING REPRESENTED BY ITS
PRINCIPAL, PAPPANAMCODE, THIRUVANANTHAPURAM-695018.
6. THE BOARD OF GOVERNORS OF SREE CHITRA THIRUNAL COLLEGE OF
ENGINEERING, REPRESENTED BY ITS CHAIRMAN, THIRUVANANTHAPURAM-695001.
7. THE PRINCIPAL SREE CHITRA THIRUNAL COLLEGE OF ENGINEERING,
PAPPANAMCODE, TIRUVANANTHAPURAM-695018.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the respondents 2 and 5 to 7 to strictly adhere to
Exhibits P2 and P3 Government Orders while conducting the counseling,
allotment and admission to B.Tech Degree Courses under the 'dependent
category' of NRI seat quota in furtherance to Exhibit P1 and to accept
only those applications under the 'dependent category' of NRI quota which
satisfy the procedure contemplated in Exhibit P3, pending disposal of the
Writ Petition (Civil).
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.D.KISHORE, MEERA GOPINATH, R.MURALEEKRISHNAN (MALAKKARA) & ARYA
JOSEPH, Advocates for the petitioner, GOVERNMENT PLEADER for R1 to R4 and
of SRI.AZAD BABU, STANDING COUNSEL for R5 to R7, the court passed the
following:
WP(C) No.16828/2021 2/3
APPENDIX OF WP(C) 16828/2021
EXHIBIT P1 TRUE COPY OF THE PROSPECTUS FOR B.TECH DEGREE
ADMISSION TO NRI SEATS ISSUED BY THE 5TH RESPONDENT-COLLEGE
Exhibit P2 TRUE COPY OF THE G.O (MS) NO.243/2014/H &FWD DATED
6/8/2014 ISSUED BY THE 3RD RESPONDENT.
Exhibit P3 TRUE COPY OF THE G.O (RT) NO.375/2020/H & FWD DATED
22.02.2020 ISSUED BY THE 3RD RESPONDENT.
WP(C) No.16828/2021 3/3
A.K.JAYASANKARAN NAMBIAR & VIJU ABRAHAM, JJ.
-----------------------------------------
W.P(C). No.16828 of 2021
-----------------------------------------
Dated this the 13th day of August, 2021
ORDER
A.K.Jayasankaran Nambiar, J.
Admit. The learned Government Pleader takes notice for the
respondents 1 to 4. Sri.Azad Babu, the learned Standing counsel takes
notice for the respondents 5 to 7.
Post on 24.08.2021. In the meanwhile, the respondents 5 to 7
shall file a statement indicating the manner in which a dependant of an
NRI is identified as an applicant for the engineering courses in the
respondent college. The learned counsel for the petitioner submits that
the meaning of the term "dependant" under Section 2(o) of the Kerala
Professional Colleges or Institutions (Prohibition of Capitation Fee,
Regulation of Admission, Fixation of Non Exploitative Fee and other
measures to ensure Equity and Excellence in Professional Education) Act,
2006, has been clarified by this Court in its judgment dated 18.12.2012 in
W.P(C).No.14708 of 2012 and the Government has issued consequential
Government Orders to regulate admissions to Medical and Dental
Colleges in the State. The apprehension of the petitioner is that the
respondents may interpret the term differently for the purposes of
admissions to Engineering Colleges and in that event, he would be
prejudiced.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
VIJU ABRAHAM
JUDGE
mns
13-08-2021 /True Copy/ Assistant Registrar
