Anjana Unnikrishnan vs State Of Kerala
2021 Latest Caselaw 2652 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

      FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942

                      WP(C).No.29069 OF 2020(G)


PETITIONER:

               ANJANA UNNIKRISHNAN,
               AGED 23 YEARS
               D/O.UNNIKRISHNAN S., KRISHNA,
               PRASANTI NAGAR, KARUNAGAPALLY P.O.,
               KOLLAM DISTRICT-690518.

               BY ADV. SRI.ARUN MATHEW VADAKKAN

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY THE PRINCIPAL
               SECRETARY TO GOVERNMENT, SCHEDULED CASTES AND
               SCHEDULED TRIBES DEVELOPMENT DEPARTMENT,
               SECRETARIAT, THIRUVANANTHAPURAM-695001.

      2        SECRETARY TO GOVERNMENT,
               HIGHER EDUCATION DEPARTMENT,
               GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695001.

      3        SECRETARY TO GOVERNMENT,
               HEALTH AND FAMILY WELFARE DEPARTMENT,
               GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695001.

      4        SECRETARY TO GOVERNMENT,
               DEPARTMENT OF FINANCE,
               GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695001.

      5        THE DIRECTOR,
               SCHEDULED CASTES DEVELOPMENT DEPARTMENT,
               VIKAS, VIKAS BHAVAN P.O.,
               THIRUVANANTHAPURAM-695033.
 WP(C).No.29069 OF 2020(G)

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      6     THE DISTRICT SCHEDULED CASTES OTHER ELIGIBILITY
            COMMUNITY DEVELOPMENT OFFICER,
            CIVIL STATION, KOLLAM.

      7     THE PRINCIPAL,
            DR. SOMERWELL MEMORIAL CSI MEDICAL COLLEGE
            HOSPITAL, KARAKKONAM P.O.,
            THIRUVANANTHAPURAM-695504.


OTHER PRESENT:

             SPL GP, SRI K V PRAKASH
             SRI ARUN B. VARGHESE, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.29069 OF 2020(G)

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                                J U D G M E N T

Petitioner is at present studying in the 7 th

respondent College on being shifted from Kerala

Medical College which stopped functioning. It is

stated that she got admission in Kerala Medical

College, Palakkad in the management quota, on the

basis of allotment by Commissioner for Entrance

Examinations. Petitioner belongs to Schedules Caste

Community. She has requested for the benefit of e-

grant submitting Ext.P3 representation. It is stated

that her shifting from the self financing college-

Kerala Medical College was on the basis of the

orders of this Court and after her shifting to the

7th respondent College which is also a self financing

college, she is not given the benefit of e-grant.

2. I heard the learned counsel for the

petitioner, the learned Special Government Pleader

as well as Shri Arun B. Varghese, learned counsel WP(C).No.29069 OF 2020(G)

for the the 7th respondent.

3. Shri Arun B. Varghese, learned counsel for

the the 7th respondent submits that petitioner has

approached the Admission Supervisory Committee,

which has passed an order on 21.01.2021, directing

the Principal to allow the petitioner to attend the

classes and the said order is passed subject to the

result of W.P.(C).No.52778/2020 (the number of writ

petition is apparently incorrect).

4. However, the claim of the petitioner for the

benefit of e-grant is to be decided by the

Government. Learned counsel for the 7 th respondent

also submits that before taking a decision on the

request of the petitioner, 7th respondent is also to

be heard.

Writ petition is therefore disposed of directing

the first respondent to consider the request of the

petitioner in Ext.P1, after affording an opportunity

of hearing to the petitioner as well as the 7 th WP(C).No.29069 OF 2020(G)

respondent, within a period of one month from the

date of receipt of a copy of the judgment.

It is made clear that hearing can be held

through electronic mode.

Sd/-

P.V.ASHA, JUDGE

AS WP(C).No.29069 OF 2020(G)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER DATED 19.6.2018 BEFORE THE 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE GOVERNMENT ORDER DATED 14.11.2017 NUMBERED AS 10/2017 BY THE SCHEDULED CASTE SCHEDULED TRIBE DEVELOPMENT (A) DEPARTMENT.