Sreelakshmi S vs State Of Kerala
2021 Latest Caselaw 14452 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                      THE HONOURABLE MR. JUSTICE AMIT RAWAL

          TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943

                             WP(C) NO. 33562 OF 2015

PETITIONER:

               SREELAKSHMI S, AGED 20 YEARS,
               D/O.P.C.SUNIL KUMAR,PULIKKAL PARAMBIL HOUSE,28/1878C ,
               CHERUKULAM ROAD,MARNNUKADA,PALLURUTHY,KERALA,PIN-682006.

               BY ADVS.
               SMT.CHITHRA.S.BABU
               SMT.ATHIRA A.MENON
               SMT.NEETHU.K.SHAJI



RESPONDENTS:

     1         STATE OF KERALA
               REPRESENTED BY THE SECRETARY TO GOVT,S.C/S.DEVELOPMENT
               DEPARTMENT GOVT.SECRETARIAT, THIRUVANANTHAPURAM,PIN-695001.

     2         MAHATMA GANDHI UNIVERSITY
               PRIYADARSHINI HILLS.P.O, KOTTAYAM-686560.

     3         THE PRINCIPAL
               KMM ARTS AND SCIENCE COLLEGE,PIPELINE JUNCTION,
               THRIKKAKARA,COCHIN-682021.

     4         THE DISTRICT OFFICER
               SC/ST DEVELOPMENT DEPARTMENT, ERNAKULAM,PIN-682030.

     5         ASST.DISTRICT OFFICER SC/ST DEVELOPMENT DEPARTMENT,
               ERNAKULAM, PIN-682030.

               BY ADVS.
               SRI.VARUGHESE M.EASO, SC, M.G.UNIVERSITY


               GP SRI B HARISH KUMAR


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.07.2021,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 33562 OF 2015
                                      2


                               JUDGMENT

Petitioner has come out with the following prayers:

i. Issue a writ of Certiorari or any other appropriate Writ, order or direction to quash Exhibit P9 as it is issued against the spirit of Exhibit P7 and P8.

ii. To declare that petitioner is eligible and entitled for all educational concessions applicable to OEC students and to continue and complete her course of study BSW in 3rd Respondent without payment of fee.

iii. To direct the 3rd respondent to permit the petitioner to appear in the remaining examinations in 5 th semester and upcoming examinations conducted by 2nd respondent University.

iv. To direct the 3rd respondent to refund the amount of fees already collected from the petitioner.

v. Any other appropriate order or direction which this Hon'ble court may deem fit and proper in the facts and circumstances of the case.

Vide order Ext.P9 concession given to the other backward

classes was refused to the petitioner. Learned counsel for the

respondent University submits that the petitioner though has got

admission. During the pendency of the writ petition petitioner has

filed I.A.No.5254/2017 submitting that the respondents were not WP(C) NO. 33562 OF 2015

permitting the petitioner to sit in the 5 th semester examination.

Though in pursuance of the interim order had sat in the 5 th

semester examination and passed all the semesters, but refusing

to hand over all original documents. This Court vide order dated

04.04.2017 directed the 4th respondent to return all the original

certificates with her mark list on production of that order, which

reads as under:

"There is no appearance for the fourth respondent.

Heard the learned counsel for the petitioner.

Having regard to the averments made in the affidavit filed in support of the application, I deem it appropriate to pass an interim order directing the fourth respondent to return the original certificates of the petitioner along with her marks lists on production of this order."

Once the petitioner completed the semesters and given

benefit, in my view nothing survives in the writ petition. Writ

petition is ordered to be closed.

Sd/-

AMIT RAWAL JUDGE nak WP(C) NO. 33562 OF 2015

APPENDIX OF WP(C) 33562/2015

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR CFENTRALISED ALLOTMENT PROCESS CONDUCTED BY MAHATMA GANDHI UNIVERSITY

EXHIBIT P2 TRUE COPY OF THE IDENTITY CARD ISSUED BY THE 3RD RESPONDENT COLLEGE TO THE PETITIONER

EXHIBIT P3 TRUE COPY OF THE COMMUNITY CERTIFICATE OF THE PETITIONER ISSUED BY THE VILLAGE OFFICER RAMESWARAM

EXHIBIT P4 TRUE COPY OF THE FEE RECEIPTS ISSUED BY THE 3RD RESPONDENT COLLEGE

EXHIBIT P5 A TRUE COPY OF THE GOVERNMENT ORDER INCLUDING DHEEVARA COMMUNITY IN THE LIST OF OTHER ELIGIBLE COMMUNITIESW G.O. (MS)NO.41/85/HWD DATED 29.06.1985

EXHIBIT P6 A TRUE COPY OF THE RELEVANT PAGES OF THE PROSPECTUS ISSUED BY THE 2ND RESPONDENT

EXHIBIT P7 TRUE COPY OF THE GOVERNMENT ORDER NO.G.O.(MS)164/2000/H.EDN.DATED 2.11.2000 STATING THAT NO FEE OR DEPOSIT TO BE COLLECTED FROM SC/ST/OEC STUDENTS ADMITTED IN SELF FINANCING COLLEGES

EXHIBIT P8 TRUE COPY OF THE GOVERNMENT OF DATED 30.9.1995

EXHIBIT P9 TRUE COPY OF THE REJECTION LETTER/COMMUNICATIN NO.CS-164/12 DATED 10/10/2012 MADE BY THE 1ST RESPONDENT TO THE PRINCIPAL WP(C) NO. 33562 OF 2015

EXHIBIT P10 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C)22484/2008 DATED 7.9.2012

EXHIBIT P11 TRUE COPY OF THE HALL TICKETS ISSUED BY THE MAHATMA GANDHI UNIVERSITY TO THE PETITIONER FOR APPEARING IST SEMESTER,2ND SEMESTER,3RD SEMESTER AND 4TH SEMESTER EXAMINATIONS

EXHIBIT P12 TRUE COPY OF THE TEMPORARY HALL TICKET ISSUED BY THE 3RD RESPONDENT COLLEGE TO THE PETITIONER DATED 26/10/2015

RESPONDENTS EXHIBITS

EXHIBIT R4(A) COPY OF THE GOVERNMENT ORDER NO.G.O.NO.50/09SCSTDD DATED 02.07.2009.