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Arjun K.Rathish Lal vs State Of Kerala
2021 Latest Caselaw 1083 Ker

Citation : 2021 Latest Caselaw 1083 Ker
Judgement Date : 12 January, 2021

Kerala High Court
Arjun K.Rathish Lal vs State Of Kerala on 12 January, 2021
               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942

                       WP(C).No.218 OF 2021(B)


PETITIONER:

               ARJUN K.RATHISH LAL
               AGED 18 YEARS
               S/O. RATHISH LAL, RESIDING AT AMRITAKRIPA,
               MARIKKUNNU, KOZHIKODE-673 012

               BY ADVS.
               SHRI.S.K.PREMRAJ
               SMT.REENU KURIAN
               SMT.V.SARITHA
               SRI.S.K.KRISHNAKUMAR

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY THE SECRETARY TO GOVERNMENT,
               DEPARTMENT OF HIGHER EDUCATION,
               GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

      2        THE COMMISSIONER FOR ENTRANCE EXAMINATIONS (KERALA),
               5TH FLOOR, HOUSING BOARD BUILDING,
               SANTHI NAGAR, THIRUVANANTHAPURAM-695 001

      3        GOVERNMENT LAW COLLEGE,
               VELLIMADUKUNNU, KOZHIKODE-673 012,
               REPRESENTED BY ITS PRINCIPAL

      4        ASWATHY UMESH NAIR,
               D/O. UMESH B.NAIR, F1/401, SAI VINAYAK APARTMENT,
               HARIBHAU PADA, HANUMAN NAGAR, KALYAN EAST,
               KATEMANIVALI, THANE, MAHARASTHRA-421 306, AND
               PERMANENT RESIDENT OF KEERTHI NILAYAM,
               P.O.KONDAZHI, THRISSUR-679 106


OTHER PRESENT:

               SMT.VINITHA.B,, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.218 OF 2021(B)

                                    2



                          J U D G M E N T

Petitioner got admission to the Integrated Five

years LLB Course, Kerala 2020-2021 in a self

financing College-Markaz Law College, Karanthur,

Kozhikode based on allotment made by the Commissioner

for Entrance Examinations. After the petitioner took

admission in that College the Government of Kerala

issued orders enhancing 10% seats in the Law Colleges

in Kerala. Thereafter the Commissioner for Entrance

Examinations issued Ext.P5 notification dated

25.11.2020 permitting the Principals of the Law

Colleges to conduct spot admission as against the

enhanced seats. Based on that spot admission was

conducted on 30.11.2020 in the respective Colleges.

In Ext.P5 notification it was specifically directed

that the candidates who already got admission in any

of the Colleges on the basis of allotment made by the

second respondent shall not be permitted to

participate in the spot admission. Petitioner WP(C).No.218 OF 2021(B)

challenges Ext.P5 order to the extent it denied his

right to participate in the spot admission conducted

on 30.11.2020.

2. The issue raised in this case is already

considered by me in the judgment in W.P.(C).No.25637

of 2020 which was affirmed by Division Bench in

WA.No.1254 of 2020, upholding the condition

stipulated in Ext.P5 order.

3. Though the learned counsel for the

petitioner argued that the said decision is not

correct and is rendered without considering a series

of judgments relied on by him, I am of the view that

as at present the issue raised by the petitioner is

covered by the judgment of the Division Bench in Writ

Appeal No.1254/2020 against the petitioner.

The writ petition is accordingly dismissed.

Sd/-

P.V.ASHA, JUDGE AS WP(C).No.218 OF 2021(B)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PROSPECTUS FOR ADMISSION TO THE INTEGRATED FIVE YEAR LL.B COURSE, KERALA 2020-21

EXHIBIT P2 TRUE COPY OF THE DATA SHEET OF THE PETITIONER ISSUED BY THE 2ND RESPONDENT

EXHIBIT P3 TRUE COPY OF THE NOTIFICATION NO.CEE/200/5LLB-2020/TA2 DT 17.10.2020

EXHIBIT P4 TRUE COPY OF THE NOTIFICATION NO.CEE/200/5LLB-2020/TA2 DT 20.10.2020

EXHIBIT P5 TRUE COPY OF THE COMMUNICATION NO.C 696/020 DT 25.11.2020 OF THE 3RD RESPONDENT

EXHIBIT P6 TRUE COPY OF THE LIST OF PARTICIPANTS FOR SPOT ADMISSION IN THE 3RD RESPONDENT LAW COLLEGE HELD ON 30.11.2020

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DT 01.12.2020 OF THE PETITIONER WITH POSTAL RECEIPTS

 
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