Citation : 2021 Latest Caselaw 1083 Ker
Judgement Date : 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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