Kerala High Court
Adv.Anupama Sripathi vs The State Of Kerala on 1 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 01ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942
WP(C).No.1643 OF 2021(E)
PETITIONER:
ADV.ANUPAMA SRIPATHI
AGED 29 YEARS
W/O.ADV.K.R.SRIPATHI, 43/119, SOUMYAM, PAWATHIL
ROAD, AYYAPPANKAVU, COCHIN - 682 018. PRESENTLY
RESIDING AT KANNANCHERY HOUSE, VRINDAPURI,
POONKUNNAM, THRISSUR - 680 002.
BY ADVS.
SRI.V.HARIKRISHNAN
SRI.K.R.SRIPATHI
RESPONDENTS:-
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY, MINISTRY OF HIGHER
EDUCATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 COMMISSIONER FOR ENTRANCE EXAMINATIONS
OFFICE OF THE COMMISSIONER FOR ENTRANCE
EXAMINATIONS HOUSING BOARD BUILDINGS, SANTHINAGAR,
THIRUVANANTHAPURAM - 695 001.
3 UNIVERSITY OF CALICUT
REPRESENTED BY ITS REGISTRAR, CALICUT UNIVERSITY
POST, THENIPALAM, MALAPPURAM DISTRICT - 673 635.
4 GOVERNMENT LAW COLLEGE
THRISSUR, REPRESENTED BY ITS PRINCIPAL,
AYYANTHOLE, THRISSUR - 680 003.
GOVERNMENT PLEADER SRI. BEJOY CHANDRAN
STANDING COUNSEL SRI.P.C.SASIDHARAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21-01-2021, THE COURT ON 1-02-2021 DELIVERED THE FOLLOWING:
W.P.(C).No.1643/2021
2
ANU SIVARAMAN, J.
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W.P.(C).No.1643 of 2021
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Dated this the 1st day of February, 2021
JUDGMENT
This writ petition is filed seeking the following prayers:-
"i) Issue a writ of mandamus or any other appropriate
writ, direction or order, to direct the respondents herein
to fill the vacancies of EWS quota (L.L.M 2020 Admission)
arising in the 2nd respondent, law college with the
aspirants from the State Merit List.
(ii) Issue a writ of mandamus or any other appropriate
writ, direction, or order directing the respondent No.4 to
accommodate the petitioner in the vacancy that has
arisen in the EWS quota (L.L.M 2020 Admission), in a time
bound manner, without causing prejudice to her
education."
2. Heard the learned counsel for the petitioner and the learned
Government Pleader.
3. It is submitted by the learned counsel for the petitioner that
the petitioner was an applicant for admission to the L.L.M. Course
2020-2021 conducted for colleges in Kerala. Ext.P1 is the admission
notification. Petitioner secured Rank No.74 and was included in the
W.P.(C).No.1643/2021
open merit quota. The option submitted by the petitioner was for
admission to L.L.M in the 4th respondent institution, that is, the
Government Law College, Thrissur. It is submitted that the last
candidate who secured admission in the 4 th respondent institution
in the open merit category was Rank No.67. It is submitted that on
26.12.2020, the vacancy list was published where the 4 th respondent
had vacancies only in the EWS quota and the petitioner was disabled
from applying. It is submitted that in the spot admissions conducted
on 31.12.2020 also, there were no applicants in the EWS quota. It is
contented that since the prospectus provides that the unavailed
seats will be made available to candidates under the State Merit List,
the petitioner is entitled to be considered for admission on the basis
of her ranking to the EWS quota seats as well.
4. The learned Government Pleader appearing for respondents 1,
2 and 4, on the other hand, submits that the EWS quota seats were
not provided for in the original notification and that specific
supernumerary seats were created for accommodating candidates
under the said quota which became available due to the constitution
W.P.(C).No.1643/2021
amendment and the Government Orders issued on the subject. It is
submitted that Clause 8(C) of Ext.P1 prospectus specifically states
that since the reservation for Economically Weaker Sections in the
General Category was decided to be implemented to Higher
Educational Institutions in the State, the institution wise break up
under EWS quota will be notified separately as and when the
required supernumerary seats are sanctioned. It is submitted that
the supernumerary seats were sanctioned by the Government by an
order dated 05.03.2020 sanctioning two such seats to the
Government Law College, Thrissur. It is submitted that the two
seats had been sanctioned only for accommodating EWS candidates
and that the provisions with regard to passing over of the terms
would be completely inapplicable to such seats. An observation
contained in a decision of this Court dated 30.10.2020 in W.P.(C).
No.23141/2020 and connected cases is relied on to contend that the
supernumerary seats created for accommodating the quota
sanctioned for EWS cannot be filled up by candidates from any other
category. It is further submitted that the last date for making
W.P.(C).No.1643/2021
admissions even by spot allotments stand completed and therefore,
no further directions may be issued by this Court.
5. I have considered the contentions advanced. It is clear from
the documents made available to me that the seats available for the
10% EWS quota were not part of the seats available for admission
under Ext.P1 prospectus. By Government Order dated 05.03.2020,
supernumerary seats had been made available in the Government
Institutions for accommodating the candidates claiming the benefit
of the EWS quota. Since the seats are specifically supernumerary in
character and are intended only to be filled up by admitting
candidates who claim admission under the EWS quota, this Court in
the judgment referred to specifically found that such seats could not
be allotted to any candidate except an EWS candidate.
In view of the fact that the provisions of the prospectus with
regard to unavailed seats are not applicable to the supernumerary
seats created for accommodating EWS candidates, I am of the
opinion that the prayers sought for in the writ petition cannot be
W.P.(C).No.1643/2021
granted. The writ petition thus fails and the same is, accordingly,
dismissed.
sd/-
Anu Sivaraman, Judge
sj/NP
W.P.(C).No.1643/2021
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE NOTIFICATION DATED
15/05/2020 ALONG WITH THE PROSPECTUS
PERTAINING TO THE LLM ADMISSION 2020-21.
EXHIBIT P2 A TRUE COPY OF THE ADMIT CARD ISSUED TO
THE PETITIONER BY THE 2ND RESPONDENT.
EXHIBIT P3 A TRUE COPY OF THE DATA SHEET OF THE
PETITIONER HEREIN FEATURING HER RANK
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P4 A TRUE COPY OF THE LAST RANK DETAILS OF
SECOND PHASE ALLOTMENT ON 22/12/2020
PUBLISHED BY THE 2ND RESPONDENT.
EXHIBIT P5 A TRUE COPY OF THE VACANCY DETAILS AS
ON 26/12/2020 PUBLISHED BY THE 4TH
RESPONDENT HEREIN ON 26/12/2020.
EXHIBIT P6 A TRUE COPY OF THE NOTIFICATION ISSUED
BY THE 4TH RESPONDENT DATED 28/12/2020.
True copy
PS to Judge
