Thomas Raju vs Government Of India
2021 Latest Caselaw 291 Ker

WP(C).No.26236 OF 2020(D)
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            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

  WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942

                      WP(C).No.26236 OF 2020(D)


PETITIONER/S:

                THOMAS RAJU
                AGED 18 YEARS
                S/O.RAJU THOMAS, ELAMBASSERY HOUSE, PADINJAREKKARA
                P.O, VALLAKOM, VAIKOM, KOTTAYAM DISTRICT,

                BY ADVS.
                SRI.BABU JOSEPH KURUVATHAZHA
                SMT.K.S.ARCHANA

RESPONDENT/S:

      1         GOVERNMENT OF INDIA
                REPRESENTED BY ITS SECRETARY, MINISTRY OF HUMAN
                RESOURCES, ROOM NO. 312 C WING SHASTRI BHAWAN,
                RAJENDRA PRASAD ROAD, NEW DELHI - 110001.

      2         UCEED - CEED 2021,
                IIT BOMBAY, POWAI, MUMBAI - 400076, MAHARASHTRA
                STATE, REPRESENTED BY ITS CHAIRMAN.

                ADV. SRI.N.S.DAYA SINDHU SHREE HARI

OTHER PRESENT:

                SRI.ARJUN MITHRA FOR R2

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.26236 OF 2020(D)
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                              JUDGMENT

Dated this the 6th day of January 2021

The petitioner had appeared in the Undergraduate Common

Entrance Examination for Design (UCEED) for admission to

the course in Bachelor of Design (B.Des.). He had opted for

IIT Bombay, IIT Guwahati, IIT Hyderabad and IIITDM Jabalpur

respectively. He secured 160.22 marks. It is stated that

there are altogether 144 seats in the four IITs. Petitioner

was allotted to IIITDM Jabalpur as against his 4th option.

He took admission at IIITDM Jabalpur on 23.07.2020, after

remitting the prescribed fee. Later he came to know that

two seats had become vacant in IIT at Guwahati. He

therefore submitted Ext.P7 representation before the 2nd

respondent requesting for admission either at IIT Bombay or

at IIT Guwahati by shifting him from IIITDM Jabalpur. But

he did not receive any positive reply. This Writ Petition

was filed at that stage pointing out the inaction of

respondents to fill up the two seats in the IIT, which is

an institution of his higher option. It is stated that the

last candidate in the open category who was given admission WP(C).No.26236 OF 2020(D)

at Guwahati is rank no.80 whereas petitioner is rank no.3.

As against the 56 seats available at Guwahati only 54

students have joined. Petitioner therefore seeks a

direction to the respondents to migrate him to IIT Guwahati

or IIT Bombay or IIT Hyderabad against the available vacant

seats.

2. The learned Central Government Counsel filed a statement

on behalf of 2nd respondent on 02.12.2020. It is stated that

admission to Undergraduate courses in B.Des. in the four IITs at

Bombay, Guwahati, Hyderabad and Jabalpur are done through UCEED,

a common seat allocation process made on the basis of rank and

the order of choice of institute, on the basis of merit. It is

stated that no candidate with a rank lower to that of petitioner

is given admission at IIT Guwahati. It is also stated that at

the end of 5th and final round of counseling all the seats in IIT

Guwahati were allotted. However two of such seats became vacant

subsequently since two candidates did not remit the fee. It is

also stated that one of such seats is an open PwD seat and the

other one is OBC -NCL and petitioner who is in the open category

is not eligible for admission against either of those seats. It

is also stated that the allotment of seats were closed on

09.11.2020 after the five runs of seat allotment. Petitioner was

allotted the seat at IIITDM, Jabalpur in the 2nd round of

counseling. It is also stated that the representation submitted

by the petitioner on 17.11.2020 was rejected on the very same WP(C).No.26236 OF 2020(D)

day informing that counseling was closed and for further

information he has to contact the respective institutes. It is

stated that as against Annx.R2(b) grievance lodged by the

petitioner in the Prime Minister's Office Public Grievance

Portal which was forwarded to the 2nd respondent, Ext.R2(d) reply

was given to him on 26.11.2020 stating that shifting is not

permissible. It is their further case that shifting from one IIT

to another is not permissible as there is no provision of

lateral shifting of candidates and as there are no vacant seats

in the category to which he belongs. It is stated that admission

is made only in the order of merit in the category. It is also

stated that there is no provision for any spot round of

admission for filling up any left-over vacancies after

completing the 5 rounds of counseling. It is stated that each of

the participating IITs are autonomous bodies and there is no

provision for spot admission. It is further stated that academic

session of IIT Guwahati commenced on 13.11.2020.

3. The petitioner filed a reply affidavit producing Ext.P8

Information Brochure of UCEED 2020 and stating that even if the

seats which became vacant were in the category of OBC-NCL or

PwD, the unfilled seats in those categories would get reverted

to open category as per clause 6 and 21 respectively of the

Brochure. It is further stated that as per clause 24 of Ext.P8

petitioner was eligible to get admission in IIT Guwahati in view

of the floating option available and the first preferred station WP(C).No.26236 OF 2020(D)

of the petitioner was IIT Bombay followed by IIT Guwahati.

Therefore, in the absence of any claim raised by rank nos.81 and

82 petitioner is entitled to be granted admission against one of

the vacant seats. It is pointed out that there is no specific

ban against shifting of a candidate who is already allotted and

granted admission and there will not be any violation of merit

as the petitioner is undergoing/attending classes from November

2020 onwards, based on his allotment and admission in the 2 nd

round of counseling.

4. The 2nd respondent has filed another statement dated

21.12.2020 stating that there were 153 candidates from OBC-NCL

at the end of the second supplementary round (fifth round) of

seat allocation and out of these 153 candidates, 134 candidates

had opted for IIT Guwahati. It is stated that 4 Open PwD

candidates did not get any seats at the end of the 5th round of

seat allocation. It is stated that two seats became vacant

since one Open PwD candidate and one OBC candidate did not pay

the prescribed fee. It is also stated that those 2 seats should

be first offered to the 153 OBC-NCL candidates and 4 Open PwD

candidates respectively who did not get a seat, in the event of

another round of counseling being held and not to the

petitioner. It is their further contention that admission to the

petitioner against the vacant seat would violate merit as there

are two more candidates between the petitioner and the last

candidate who got a seat in IIT Guwahati. It is stated that WP(C).No.26236 OF 2020(D)

admissions are made strictly in accordance with the Information

Brochure Ext.P8.

5. Heard Sri.Babu Joseph Kuruvathazha, the learned counsel

for the petitioner, Sri.Arjun Mitra, the learned Counsel

appearing for the 2nd respondent along with Sri.Daya Sindhu

Sreehari, the learned CGC. Relying on the judgments in Pallavi

Sharma vs. College of Vocational Studies and Anr.:(2015) 221 DLT

738, Dev Verma vs. Union of India judgment in WP No.8241/2016 of

the Madhya Pradesh High Court, University Grants Commission and

another vs. Neha Anil Bobde (Gadekar) : 2013 (10) SCC 519, Rajiv

Mittal vs. Maharshi Dayan and University and others : (1998) 2

SCC 402 Sri.Arjun Mitra argued that admissions are made strictly

in tune with the provisions in the Information Brochure and that

any direction, if issued by this court at this stage, in favour

of the petitioner would be contrary to it, which is not

permissible.

6. Sri.Babu Joseph Kuruvathazha, the learned counsel for

the petitioner submits that the petitioner who has already been

granted admission in an IIT is seeking only a

migration/transfer/shifting to another IIT where there is a

vacant seat in which he can be accommodated. On the other hand

the respondents pointed out that there is no provision for

filling up the seats by transferring a candidate from one IIT to

another IIT and that each of the IITs are autonomous bodies.

7. Though the learned counsel for the petitioner pointed WP(C).No.26236 OF 2020(D)

out that the provisions in Ext.P8 brochure provides for

reversion of seats earmarked for PwD as well as OBC categories

to the candidates in open category, I am of the view that the

question of reversion comes at a time when there is no

candidate available in the respective categories of PwD, OBC-

NCL. In the present case there were 134 out of 153 OBC-NCL

candidates who opted for IIT Guwahati. Similarly there were 4

Open PwD candidates who had opted for admission to IIT Guwahati

who were not allotted any seat even after the five rounds of

counseling. Therefore, the stage of reversion has not reached as

such. Reversion can only be on non-availability of candidates in

the respective categories.

8. Though there is no specific ban against shifting there

is no specific provision also permitting shifting, in the

Information Brochure. At the same time the respondents have in

both their statements stated that each of the IITs are

autonomous bodies.

9. Therefore the question whether a seat should be kept

unfilled or whether a candidate can be accommodated by shifting

from another IIT would be a matter to be decided by the IIT

concerned.

10. The Petitioner has along with I.A.No.2 of 2021 produced

Ext.P9 representation addressed to the IIT Guwahati requesting

for such shifting. Therefore, the Writ Petition is disposed of

with a direction to the IIT, Guwahati to consider the claim of WP(C).No.26236 OF 2020(D)

the petitioner in Ext.P9 representation and to pass orders on

it, taking note of the fact that he has been attending the

classes at IIITDM, Jabalpur based on his admission in the 2nd

round of counseling, as expeditiously as possible within a

period of six weeks from the date of receipt of a copy of the

judgment.

The Writ Petition is disposed of accordingly.

Sd/-

                                                P.V.ASHA

rkc                                                  JUDGE
 WP(C).No.26236 OF 2020(D)



                            APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1              TRUE PHOTO COPY OF THE CERTIFICATE BEARING

REGISTRATION NO.7125652 DATED 15.07.2020 ISSUED BY THE SECRETARY, BOARD OF HIGHER SECONDARY EXAMINATIONS, GOVERNMENT OF KERALA.

EXHIBIT P2 TRUE PHOTO COPY OF THE SEAT ACCEPTANCE PAYMENT ACKNOWLEDGEMENT UCEED 2020-2021, ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P3              TRUE PHOTO    COPY OF THE SPLIT UP    MARKS
                        SECURED BY    THE PETITIONER IN THE   UCEED
                        2020-2021.

EXHIBIT P4              TRUE COPY OF THE DETAILS OF SEAT ALLOCATION

FOR THE YEAR 2020-21 FOR B.DES. COURSE, IN THE FOUR INSTITUTES, SUCH AS IIT BOMBAY, IIT GUWAHATI, IIT HYDERABAD AND IIITDM JABALPUR.

EXHIBIT P5 TRUE COPY OF THE DETAILS OF 54 STUDENTS ALLOTTED TO IIT GUWAHATI.

EXHIBIT P6 TRUE PHOTO COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DOWNLOADED BY THE PETITIONER ON 17.11.2020.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 17.11.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE INFORMATION BROCHURE OF UCEED 2020 PUBLISHED BY THE 1ST RESPONDENT

EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 5.1.2021 SENT BY THE PETITIONER TO THE ADDITIONAL 3RD RESPONDENT

RESPONDENTS' EXHIBITS

ANNX R2A TRUE COPY OF THE E-MAIL PRINTOUT WHEREIN PETITIONER'S REPRESENTATION AND REPLY DT.17.11.20 ARE INCLUDED

ANNX.R2B TRUE COPY OF THE GRIEVANCE LODGED BY THE WP(C).No.26236 OF 2020(D)

PETITIONER ON 16.11.2020

ANNX.R2C TRUE COPY OF THE FORWARDING LETTER FROM THE PM'S PG PORTAL ON 26.11.2020

ANNX.R2D TRUE COPY OF THE REPLY DT.26.11.2020

ANNX.R2E TRUE COPY OF THE ALLOTMENT SUMMARY FOR THE SECOND SUPPLEMENTARY ROUND (I.E. THE 5TH AND FINAL ROUND)