Kerala High Court
Jekko Paul Akkarappatty vs The Commissioner For Entrance ... on 19 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942
WP(C).No.22 OF 2021(C)
PETITIONER:
JEKKO PAUL AKKARAPPATTY,
AGED 19 YEARS,
AKKARAPPATTY HOUSE, 113, SUVARNA NAGAR,
BEHIND POTTAYIL TEMPLE, EROOR(WEST)P.O,
TRIPUNITHARA, EROOR WEST, ERNAKULAM - 682 306.
BY ADVS.
SRI.SANTHOSH MATHEW
SRI.ARUN THOMAS
SRI.JENNIS STEPHEN
SRI.VIJAY V. PAUL
SMT.KARTHIKA MARIA
SRI.ANIL SEBASTIAN PULICKEL
SMT.DIVYA SARA GEORGE
SMT.JAISY ELZA JOE
SRI.ABI BENNY AREECKAL
SMT.LEAH RACHEL NINAN
SMT.NANDA SANAL
RESPONDENTS:
1 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS,
5TH FLOOR, HOUSING BOARD BUILDINGS,
SANTHI NAGAR,THIRUVANANTHAPURAM - 695 001.
2 THE PRINCIPAL/OFFICER-IN-CHARGE OF ADMISSIONS,
MODEL ENGINEERING COLLEGE,
THRIKKAKARA,ERNAKULAM - 682 021.
3 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT,GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
*ADDL. R4 DIRECTORATE OF TECHNICAL EDUCATION,
PADMAVILASOM ROAD, FORT P.O, THIRUVANANTHAPURAM,
KERALA-695 023, REPRESENTED BY ITS DIRECTOR.
WP(C).No.22 OF 2021(C)
2
*ADDL. R5 CENTRAL SEAT ALLOCATION BOARD-2020
(CSAB-2020) AND DIRECTOR, MNNIT, ALLAHABAD,
PRAYAGRAJ - 211 004,
REPRESENTED BY ITS CHAIRMAN.
*ADDL. R4 AND R5 ARE IMPLEADED AS PER ORDER DATED
06-01-2021 IN I.A. 1/21 IN WP(C)22/2021.
BY ADVS. SRI.DEEPU THANKAN, SC, IHRD
SRI.P.VIJAYAKUMAR, ASG OF INDIA
SRI.M.A.ASIF, SPECIAL GOVT. PLEADER
SRI.DAYA SINDHU SREEHARI,CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.22 OF 2021(C)
3
JUDGMENT
The grievance of the petitioner is
that the 2nd respondent is not taking any
action on the request of his father for
transferring him from Electronics and
Communication Engineering Branch to one of the
vacant seats in the Branch of Computer Science
of B.Tech Degree Course in the 2nd respondent
College.
2. It is stated that the petitioner
appeared in the Kerala Engineering/Pharmacy/
Architecture/Medical and Medical Allied
Courses (KEAM) 2020 entrance examination and
got allotment in the 2nd respondent College as
per Ext.P4 Allotment Memo in the Centralised
Allotment Process, in the Management Quota
and he was admitted in the College. It is
stated that 4 seats in Computer Science in the
WP(C).No.22 OF 2021(C)
2nd respondent College are reserved for
admission under the All India Quota and those
seats are not filled up so far. The petitioner
points out that the last date fixed by the
AICTE, for admission to B.Tech courses was
31.12.2020. So far, the Government of India
has not issued any orders allotting any
candidates for admission in the reserved
seats. Under these circumstances, the
petitioner's father had submitted Ext.P9
representation before the Principal - the 2nd
respondent, requesting to conduct admission in
the Computer Science branch against the
vacancies remaining unfilled in the Government
of India quota by transferring his son to the
the vacant seat in Computer Science branch.
As per Ext.P10 e-mail, Principal informed the
petitioner's father that seats are reserved
for students, who are natives of Lakshadweep,
WP(C).No.22 OF 2021(C)
and if the seats are lapsed, that can be
filled up only in the 3rd semester as per
Government instructions. The petitioner has
approached this Court at this stage, seeking a
direction to the respondent to give him
admission against one of the seats remaining
unfilled in the branch of Computer Science.
3. The 2nd respondent has filed a counter
affidavit stating that he is not empowered to
give admission to the petitioner in the seat
lying vacant in the Government of India
category for B.Tech (Computer Science)
Engineering. It is also stated that the
Director of Technical Education has to release
the seats to the respondent and certain
procedures have to be observed in this matter.
It is also stated in this counter affidavit
that there are 4 seats in B.Tech (Computer
Science) Engineering and also one seat in
WP(C).No.22 OF 2021(C)
Electrical and Electronics Engineering under
the Government of India category. It is stated
that as per the KEAM prospectus, the seats
reserved under the Government of India
category can be filled, only if the seats are
released by the Commissioner of Entrance
Examination, on his directions. The 2nd
respondent has also stated that once the seats
reserved for Government of India quota get
lapsed, the College has to report to the
Government and after obtaining permission,
such seats are filled through inter collegiate
transfer in the 2nd year.
4. Sri. M.A.Asif, learned Special
Government Pleader submits that transfers can
be made against the unfilled seats only in the
next academic year.
5. Heard Sri. Santhosh Mathew, the
learned counsel for the petitioner;
WP(C).No.22 OF 2021(C)
Sri. M.A.Asif, the learned Special Government
Pleader for respondents 1, 3 and 4;
Sri. Deepu Thankan, learned Standing Counsel
for 2nd respondent and Sri. Daya Sindhu
Sreehari, learned CGC for the 5th respondent.
6. Nobody has a case that after 31st
December, any fresh admission can be made.
Therefore there would not be any more
allotment under the Government of India quota.
The 4 seats would therefore remain unfilled.
The respondents have admitted that the
vacancies can be filled up by transfer in the
next academic year. It is seen that the
petitioner is already admitted in the 1st year
course and as far as the 1st year is
concerned, the syllabus is the same for all
the branches and that is apparently why
interbranch transfers are given in the next
academic year. In case the transfers can be
WP(C).No.22 OF 2021(C)
made in the next academic year, there cannot
be any legal impediment for filling up such
vacancies this year itself by interbranch
transfer.
Therefore I am of the view that it is
only appropriate that the 2nd respondent is
permitted to fill up the seats lying vacant in
the 2nd respondent College by transfer
adopting any transparent process.
The writ petition is accordingly
disposed of. Sd/-
P.V.ASHA
JUDGE
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WP(C).No.22 OF 2021(C)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CANDIDATE'S DATA SHEET OF
THE PETITIONER ISSUED BY THE COMMISSIONER
FOR ENTRANCE EXAMINATIONS.
EXHIBIT P2 TRUE COPY OF THE OPTION LIST SUBMITTED BY
THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE LAST RANK DETAILS OF MODEL
ENGINEERING COLLEGE, THRIKKKARA, ISSUED BY
THE OFFICE OF THE COMMISSIONER OF ENTRANCE
EXAMINATIONS.
EXHIBIT P4 TRUE COPY OF THE ALLOTMENT MEMO ISSUED TO
THE PETITIONER BY THE OFFICE OF THE
COMMISSIONER FOR ENTRANCE EXAMINATIONS.
EXHIBIT P5 TRUE COPY OF THE DETAILS OF THE FEE
REMITTED BY THE PETITIONER TO THE
PRINCIPAL, MODEL ENGINEERING COLLEGE,
THRIKKAKARA.
EXHIBIT P6 TRUE COPY OF THE RELEVANT PORTIONS OF THE
PROSPECTUS FOR KEAM 2020 ISSUED BY THE
COMMISSIONER FOR ENTRANCE EXAMINATIONS.
EXHIBIT P7 TRUE COPY OF THE GOVERNMENT ORDER - G.O(RT)
NO.1417/2020/HEDN DATED 13.11.2020.
EXHIBIT P8 TRUE COPY OF THE COMMUNICATION DATED 3-12-
2020 ISSUED BY THE MEMBER SECRETARY OF
AICTE TO ALL AICTE APPROVED COLLEGES/
INSTITUTIONS/UNIVERSITIES.
EXHIBIT P9 TRUE COPY OF THE REQUEST DATED 31.12.2020
SUBMITTED BY THE PETITIONER'S FATHER TO THE
2ND RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE REPLY DATED 02.01.2021
RECEIVED BY THE PETITIONER'S FATHER FROM
THE PRINCIPAL OF THE 2ND RESPONDENT
COLLEGE.
