Kerala High Court
Keziahmol John vs The Commissioner Of Entrance ... on 26 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942
WP(C).No.26288 OF 2020(I)
PETITIONER:
KEZIAHMOL JOHN,
AGED 26 YEARS,
D/O.JOHN JOSEPH,
A3, PANAKKAL,
M.A.BALAKRISHNAN ROAD,
NEAR POWER HOUSE,
ERNAKULAM, PIN-682018.
BY ADVS.
SRI.K.M.SATHYANATHA MENON
SMT.KAVERY S THAMPI
RESPONDENTS:
1 THE COMMISSIONER OF ENTRANCE EXAMINATIONS(CEE),
KERALA OFFICE OF THE COMMISSIONER OF
ENTRANCE EXAMINATIONS,
HOUSING BOARD BUILDINGS,
SANTHI NAGAR, THIRUVANANTHAPURAM-695001.
2 THE PRINCIPAL,
GOVERNMENT LAW COLLEGE,
ERNAKULAM, PIN-682011.
3 THE MAHATMA GANDHI UNIVERSITY,
PRIYADARSINI HILLS POST,
UNIVERSITY CAMPUS ROAD,
ATHIRAMPUZHA, KOTTAYAM DISTRICT,
PIN-686560, REPRESENTED BY ITS REGISTRAR.
4 THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY,
HIGHER EDUCATION DEPARTMENT,
SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
WP(C) Nos.26288/2020&2161/2021
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5 NIMISH JOHN MANGUDIYAN,
AGED 40 YEARS,
MANAGING DIRECTOR,
LIFE INSPIRED RETAIL PRIVATE LIMITED,
43/815, WELCOME ROAD,
AYYAPPANKAVU, EAST KOCHI,
KERALA, PIN-682018.
ADDL. 6 THE BAR COUNCIL OF INDIA,
REPRESENTED BY ITS SECRETARY,
21, ROSE AVENUE, INSTITUTIONAL AREA,
NEW DELHI - 110002
(IS IMPLEADED AS PER ORDER DATED 10/02/2021 IN
I.A.No.5/2021 IN W.P.(C)No.26288/2020
R1-2, R4 BY GOVERNMENT PLEADER SMT.K.M.RASHMI
R3 BY SHRI.ASOK M. CHERIAN, SC, M.G.
UNIVERSITY
R5 BY ADV. SRI.K.M.VARGHESE
R5 BY ADV. SRI.SHAHUL HAMEED MOOPPAN
R8 BY ADV. SRI.PRANOY K.KOTTARAM
SRI.THOMAS ABRAHAM, SC FOR UNIVERSITY OF
KERALA
SRI.P.C. SADISHARAN, SC FOR CALICUT UNIVERSITY
SRI.RAJIT, SC, BAR COUNCIL OF INDIA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 26.02.2021, ALONG WITH WP(C).2161/2021(U), THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.26288/2020&2161/2021
:3 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 26TH DAY OF FEBRUARY 2021/7TH PHALGUNA, 1942
WP(C).No.2161 OF 2021(U)
PETITIONER:
NITHIN JOSEPH,
AGED 22 YEARS,
S/O LATE JOSEPH SEBASTIAN,
PUTHENPURACKAL, MANATHOOR,
PIZHAVU, P.O., KOTTAYAM-686651.
BY ADVS.
SRI.RAFEEK. V.K.
SHRI.MANAS P HAMEED
SHRI.ELDHO.N.MONCY
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO THE GOVERNMENT,
HIGHER EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS,
5TH FLOOR, HOUSING BOARD BUILDING,
SHANTHI NAGAR, THIRUVANANTHAPURAM-695001.
3 THE PRINCIPAL,
GOVERNMENT LAW COLLEGE THIRUVANANTHAPURAM,
BARTON HILL COLONY, KUNNUKUZHY,
THIRUVANANTHAPURAM-695037.
4 THE PRINCIPAL,
GOVERNMENT LAW COLLEGE THRISSUR,
MADONA NAGAR, AYYANTHOLE,
THRISSUR-680003.
5 THE PRINCIPAL,
GOVERNMENT LAW COLLEGE ERNAKULAM,
MARINE DRIVE, ERNAKULAM-682011.
WP(C) Nos.26288/2020&2161/2021
:4 :
6 THE PRINCIPAL,
GOVERNMENT LAW COLLEGE KOZHIKODE,
VELLIMADUKUNNU, MARIKUNNU P O,
KOZHIKODE-673012.
ADDL. 7 BAR COUNCIL OF INDIA,
REPRESENTED BY ITS CHAIRMAN,
NO.21, ROUSE AVENUE,
INSTITUTIONAL AREA, NEW DELHI - 110002.
ADDL. 8 BAR COUNCIL OF KERALA,
REPRESENTED BY ITS CHAIRMAN,
BAR COUNCIL BHAVAN,
HIGH COURT ROAD, KOCHI - 682 031.
ADDL. 9 MAHATMA GANDHI UNIVERSITY,
REPRESENTED BY ITS REGISTRAR,
PRIYADARSHINI HILLS P.O,
KOTTAYAM - 686560.
ADDL. 10 UNIVERSITY OF KERALA,
REPRESENTED BY ITS REGISTRAR,
UNIVERSITY OF KERALA SENATE HOUSE CAMPUS,
PALAYAM, THIRUVANANTHAPURAM,
KERALA - 695034.
ADDL. 11 UNIVERSITY OF CALICUT,
REPRESENTED BY ITS REGISTRAR,
CALICUT ROAD,
THENHIPALAM, KERALA - 673635.
(ADDITIONAL RESPONDENTS R7 TO R11 ARE
IMPLEADED AS PER ORDER DATED 10.02.2021 IN IA
1/2021 IN WPC 2161/2021.
R8 BY ADV. SRI.PRANOY K.KOTTARAM
R9 BY SHRI.ASOK M. CHERIAN, SC, M.G.UNIVERSITY
R10 BY SHRI.THOMAS ABRAHAM, SC, UNIVERSITY OF
KERALA
R7 BY SRI. RAJIT
R11 BY SRI.P.C. SASIDHARAN, SC
R1-6 GOVERNMENT PLEADER SMT. K.M.RASHMI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 26.02.2021, ALONG WITH WP(C).26288/2020(I), THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.26288/2020&2161/2021
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JUDGMENT
~~~~~~~~~
Dated this the 26th day of February, 2021
[WP(C) Nos.26288/2020 & 2161/2021]
WP(C) No.2161/2021 has been filed by the
petitioner seeking to direct respondents 2 and 3, who are the
Commissioner of Entrance Examinations and the Principal,
Government Law College, Thiruvananthapuram to identify the
vacancies in all the Government Law colleges in the State with
regard to Integrated Five Year LLB Course 2020-'21 and to
direct respondents 3 to 6 to conduct spot admissions to fill the
vacancies expeditiously.
2. The petitioner applied for admission to Integrated
Five Year LLB Course 2020-'21 in Law Colleges in Kerala.
The petitioner could not obtain admission in the initial rounds
of allotments. Subsequently, two spot admissions were
conducted in Government Law College, Thiruvananthapuram,
WP(C) Nos.26288/2020&2161/2021
Government Law College, Thrissur and Government Law
College, Ernakulam. The first spot admission was conducted
on 27.10.2020 and the second spot admission was conducted
on 30.11.2020.
3. The petitioner could not secure admission through
these spot admissions. The learned counsel for the petitioner
would contend that in spite of availability of vacancies still
available in various colleges, the respondents are going to
close the admissions without conducting a further spot
admissions to fill up the vacancies. The petitioner therefore
submitted representations before respondents 1 to 4.
However, the representations of petitioner were not positively
responded to. If admissions are closed without filling the
vacancies, it will adversely affect a large number of aspiring
students.
4. The learned counsel for the petitioner would
contend that in spite of having vacancies in colleges, closing
of admissions to the course of Integrated Five Year LLB
Course 2020-'21 without conducting fresh spot admission, is
WP(C) Nos.26288/2020&2161/2021
unfair, unjust and unsustainable. There are still vacancies in
various Colleges wherein the petitioner can be admitted.
5. Relying on the judgment of the Apex Court in Asha
v. Pt. B.D. Sharma University of Health Science and
Others. [2012 (4) Supreme 511], the learned counsel for the
petitioner submitted that the Apex Court has held that though
the authorities cannot grant admission beyond the cut off date
which is specifically postulated, where a candidate has been
denied admission for no fault of the candidate, such denial of
admission will be arbitrary and the Court can direct the
authorities to admit such student. Where denial of admission
violates the right to equality and equal treatment of the
candidate, it would be completely unjust and unfair to deny
such exceptional relief to the candidate, contended the
learned counsel for the petitioner.
6. Relying on the judgment of the Hon'ble High Court
of Orissa at Cuttack in Hrusikesh Panda v. State of Orissa
and Others [119 (2015) CLT 713], the learned counsel for the
petitioner pointed out that the judgment of the Hon'ble Apex
WP(C) Nos.26288/2020&2161/2021
Court was followed by the Hon'ble High Court of Orissa and
relief was granted to students, who were arbitrarily denied
admission.
7. I have heard the learned counsel for the petitioner
and the respondents.
8. It is to be noted that the petitioner has participated
in spot admissions for LLB Five Year Course. In view of the
lower merit of the petitioner, he could not get admitted. After
the cut off date for closing admissions to the Course, if
vacancies arise due to non-joining of students selected or due
to abandonment of course by students, the petitioner does not
get a right to get admission against those vacancies, for the
sole reason that vacancies are subsisting.
9. In this case, the learned Government Pleader as
well as the learned Standing Counsel for the University would
submit that the first semester of course is already coming to
an end and even if the petitioner is admitted to the Course, the
petitioner will not be able to acquire the requisite number of
attendance to complete the semester.
WP(C) Nos.26288/2020&2161/2021
10. The learned counsel for the petitioner would argue
that even if the petitioner will not be able to appear for the first
semester examination due to want of attendance, he will be
able to write the examination and pass the first semester
examination also at the end of the second semester. This
Court is unable to agree with that proposition, as it will
amount to diluting the standards of education. In such
circumstances, I do not find any justifiable reason to interfere
with the matter at the instance of the petitioner.
11. W.P.(C) No.26288/2020 has been filed by another
aspirant to 3 year LLB Course. The petitioner was ranked 501
in the Kerala Law Entrance Examination (KLEE). The
grievance of the petitioner is that the Prospectus contained
clauses which mandated that original pass certificate and
other documents should be produced at the time of admission.
The petitioner made enquiries and found that the 5 th
respondent did not produce the original pass certificate and
transfer certificate which are mandatorily required to be
produced under the Prospectus.
WP(C) Nos.26288/2020&2161/2021
12. Relying on the judgment of the Apex Court in
Varun Kumar Agarwal v. Union of India and Others [CDJ
2011 DHC 264], the learned counsel for the petitioner pointed
out that liberal construction of the terms and conditions of the
brochure and prospectus, is to be condemned. When the
prospectus is crystal clear as to the admission procedure, no
relaxation can be granted. No modification can be made in
this regard by the Court also, in exercise of powers under
Article 226 of the Constitution of India. Whenever a
notification calling for a fixed date and time within which the
applications are to be received, whether send through post or
any other mode, that time schedule has to be adhered to in
letter and spirit.
13. The learned counsel for the petitioner further
argued that when the terms and conditions of the brochure
use peremptory language, and it cannot be held to be merely
directory. They have to be treated as mandatory. When the
brochure for admission to the LLB Course mandated that the
candidates coming for admission shall produce original pass
WP(C) Nos.26288/2020&2161/2021
certificate and Transfer Certificate, the Principals have no
power or authority to relax such condition. It was by extending
illegal relaxation, that the 5th respondent was admitted to the
Course.
14. In this regard, a statement has been filed by the
learned Government Pleader on behalf of the 2nd respondent.
In the statement, it has been explained that the 5th respondent
produced Provisional Certificate of Engineering Degree issued
from the Pondicherry University at the time of admission, to
prove that he has passed the B.Tech examination with first
class. A Provisional Certificate indeed is a certificate
evidencing passing of the candidate in the examination.
15. The learned counsel for the petitioner submitted
that the provisional certificate is valid only for six months.
Therefore, such a certificate cannot be accepted. The
pleadings in the writ petition does not indicate that the
petitioner has produced Provisional Certificate after the expiry
of of its validity period.
WP(C) Nos.26288/2020&2161/2021
16. Another argument of the learned counsel for the
petitioner is that the 5th respondent did not produce Transfer
Certificate at the time of admission. The learned Government
Pleader, in the statement filed on behalf of the 2 nd respondent,
submitted that the 5th respondent had joined for Masters
Degree in Business Administration by giving his Transfer
Certificate issued from the Pondicherry University. The ICFAI
University from where the 5th respondent comes does not
issue Transfer Certificate on completion of Masters
programme. The 5th respondent produced a copy of the
communication received from the ICFAI University to evidence
the same. It was on that basis that the Principal of the
College admitted the 5th respondent.
17. I find that there is no relaxation as such granted to
the 5th respondent. There is nothing on record to show that
the Provisional Certificate produced by the 5th respondent was
after the expiry of the validity of the certificate or that it is a
copy of the original. Similarly, when an educational Institution
does not issue Transfer Certificate and issues a letter
WP(C) Nos.26288/2020&2161/2021
evidencing the said fact, action of the Principal in accepting
that communication in lieu of Transfer Certificate, cannot be
treated as granting relaxation.
In such circumstances, I do not find any merit in
both the writ petitions and the writ petitions are hence
dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/26.02.2021
WP(C) Nos.26288/2020&2161/2021
APPENDIX OF WP(C) 26288/2020
PETITIONER'S EXHIBIT
EXHIBIT P1 COPY OF THE CANDIDATE DATA SHEET
ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE NOTIFICATION
NO.C/ADMN/2020-2021 PUBLISHED BY THE
2ND RESPONDENT REGARDING THE SPOT
ALLOTMENT/ADMISSION DATED 19.11.2020.
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF THE
ADMISSION TO PROSPECTUS FOR THREE-YEAR
LLB COURSE 2020-2021 PUBLISHED BY THE
1ST RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE PROFILE OF 5TH
RESPONDENT AS UPLOADED BY 5TH
RESPONDENT IN LINKEDIN AND DOWNLOADED
BY THE PETITIONER.
EXHIBIT P5 TRUE COPY OF THE PROFILE OF 5TH
RESPONDENT AS UPLOADED BY 5TH
RESPONDENT IN FACEBOOK AND DOWNLOADED
BY THE PETITIONER.
EXHIBIT P6 TRUE COPY OF THE COMPLAINT SUBMITTED
BY THE PETITIONER WITH THE 2ND
RESPONDENT DATED 24.11.2020 WITH
ENDORSEMENT OF THE REJECTION ORDER.
EXHIBIT P7 TRUE COPY OF THE COMPLAINT SUBMITTED
BY THE AKHIL MOHAMMED, VICE PRESIDENT
AND RAHIB K.Y., CONVENOR OF KERALA
STUDENTS UNION, GOVERNMENT LAW COLLEGE
ERNAKULAM DATED 24.11.2020 TO 2ND
RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE COMPLAINT SUBMITTED
BY THE PETITIONER WITH THE 1ST
RESPONDENT DATED 25.11.2020.
WP(C) Nos.26288/2020&2161/2021
EXHIBIT P9 TRUE COPY OF THE COMPLAINT SUBMITTED
BY THE PETITIONER WITH THE VICE
CHANCELLOR, MAHATMA GANDHI UNIVERSITY
DATED 25.11.2020 ALONG WITH RELEVANT
PAGES OF PROSPECTUS.
EXHIBIT P10 TRUE COPY OF THE APPLICATION SUBMITTED
BY THE PETITIONER WITH THE PUBLIC
INFORMATION OFFICER, GOVERNMENT LAW
COLLEGE, ERNAKULAM DATED 25.11.2020.
EXHIBIT P11 TRUE COPY OF THE RANK CERTIFICATE
ISSUED BY THE CONTROLLER OF
EXAMINATIONS, MAHATMA GANDHI
UNIVERSITY DATED 13.05.2019.
EXHIBIT P12 TRUE COPY OF THE TRANSFER CERTIFICATE
ISSUED TO THE PETITIONER DATED
06/07/2018 FROM MAHATMA GANDHI
UNIVERSITY, KOTTAYAM
EXHIBIT P13 TRUE COPY OF THE COURSE AND CONDUCT
CERTIFICATE ISSUED TO THE PETITONER
DATED 06/07/2018 FROM SCHOOL OF
COMMUNICATION AND JOURNALISM, MAHATMA
GANDHI UNIVERSITY KOTTAYAM.
EXHIBIT P14 TRUE COPY OF THE GRADE CARD ISSUED TO
THE PETITIONER FROM SCHOOL OF
COMMUNICATON AND JOURNALISM, MAHATMA
GANDHI UNIVERSITY DATED 19/06/2015.
EXHIBIT P15 TRUE COPY OF THE FACULTY OF LANGUAGE
AND LITERATURE ISSUED BY THE MAHATMA
GANDHI UIVERSITY DATED 08/09/2016.
EXHIBIT P16 TRUE COPY OF THE REPLY GIVEN BY THE
PUBLIC INFORMATION OFFICER TO THE
PETITIONER DATED 24.12.2020
EXHIBIT P17 TRUE COPY OF THE NOMINAL ROLL OF THE
STUDENTS OF 1ST SEMESTER 3 YEAR LLB
(UNITARY) (2020-2021) ADMISSION A
BATCH AND B BATCH MAINTAINED WITH THE
GOVERNMENT LAW COLLEGE ERNAKULAM.
WP(C) Nos.26288/2020&2161/2021
EXHIBIT P18 TUE COPY OF THE APPEAL AND APPLICATION
SUBMITTE BY THE PETITIONER BEFORE THE
APPELLATE AUTHORITY/2ND RESPONDENT
UNDER THE RIGHT TO INFORMATION ACT
DATED 07.01.2021
EXHIBIT P19 TRUE COPY OF THE LETTER NO. TA 2/71/3
LLB/PPK DATED 16.11.2020 ISSUED BY THE
1ST RESPONDENT TO THE 2ND RESPONDENT.
EXHIBIT P20 TRUE COPY OF THE LIST OF CANDIDATES
WHO PARTICIPATED IN THE SPOT ADMISSION
FOR 3 YEAR LLB 2020-2021 ADMISSION
HELD ON 30-12-2020.
WP(C) Nos.26288/2020&2161/2021
APPENDIX OF WP(C) 2161/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF CANDIDATE'S DATA SHEET
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF REPRESENTATION DATED
25/01/2021 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST AND 2ND RESPONDENTS.
EXHIBIT P3 TRUE COPY OF REPRESENTATION DATED
25/01/2021 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD AND 4TH RESPONDENTS.
SR
