Adithya E.T vs Government Of Kerala
2021 Latest Caselaw 10785 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

              THE HONOURABLE MR.JUSTICE N.NAGARESH

 TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943

                    WP(C).No.7548 OF 2021(P)


PETITIONER:

              ADITHYA E.T.
              D/O. THILAKAN E.K.,
              AGED 45 YEARS,
              S/O. KORAPPAN,
              ENJIPPULIVALAPPIL,
              KALLETTINKARA P.O.,
              VALLAKKUNNU-IRINJALAKUDA,
              THRISSUR-680 683.

              BY ADVS.
              SRI.ELVIN PETER P.J.
              SRI.K.R.GANESH

RESPONDENTS:

     1        GOVERNMENT OF KERALA
              REPRESENTED BY ITS SECRETARY,
              MEDICAL EDUCATION DEPARTMENT,
              SECRETARIAT, THIRUVANANTHAPURAM-695 001.

     2        THE DIRECTOR OF MEDICAL EDUCATION DEPARTMENT,
              DIRECTORATE OF MEDICAL EDUCATION,
              MEDICAL COLLEGE P.O.,
              THIRUVANANTHAPURAM-695 011.

     3        LAL BAHADUR SHASTRI (LBS) CENRE FOR SCIENCE AND
              TECHNOLOGY
              VAZHUTHAKADU,
              THIRUVANANTHAPURAM-695 012,
              REPRESENTED BY ITS DIRECTOR.

     4        THE MANAGING DIRECTOR
              THE FEDERAL BANK LIMITED,
              H.O. ALUVA,
              ERNAKULAM DISTRICT-683 101.
 WP(C) No.7548/2021
                             :2 :


              R4 BY ADV. SRI.MADHU RADHAKRISHNAN
              R4 BY ADV. SRI.NELSON JOSEPH
              R4 BY ADV. SRI.M.D.JOSEPH
              R4 BY ADV. SHRI.DEEPAK ASHOK KUMAR
              R1, R2 BY SR. G.P. SMT. DEEPA NARAYANAN
              R3 BY ADV. SHAMEENA SALAHUDHEEN
              BY ADV. SRI.P. PAULSON ANTONY

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 30.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) No.7548/2021
                                :3 :




                        JUDGMENT

~~~~~~~~~

Dated this the 30th day of March, 2021

The petitioner seeks to direct the 3rd respondent to

grant admission to the petitioner to the Course of Diploma in

Health Inspector.

2. The petitioner states that she applied for the

Course Diploma in Health Inspector and as per Ext.P3

allotment, she was given allotment in the Course of Diploma

in Health Inspector. As per Ext.P4 College Allotment List, the

petitioner was found eligible to be admitted in Paramedical

Institute, Pazhampalakkode, Palakkad.

3. The petitioner submits that now the respondents

have not included her name in the final allotted list for the

reason that the petitioner has not paid a fee of ₹100/- as

directed by the 3rd respondent within the stipulated three days. WP(C) No.7548/2021

4. The petitioner states that she had remitted the fee

on 18.03.2021 online from the State Bank of India through the

Federal Bank e-pay portal. However, the amount is not seen

credited in the account of the 3rd respondent. It is in such

circumstances that the petitioner approached this Court.

5. When this writ petition came up for hearing today,

the learned counsel for the petitioner submitted that after the

online remittance, for some technical reason, it was not

credited to the accounts of the 3rd respondent and now long

thereafter, the said amount is seen refunded to the petitioner's

account.

6. I have heard the learned counsel for the petitioner,

learned Government Pleader for respondents 1 and 2, learned

Standing Counsel for the 3rd respondent and the learned

Standing Counsel for the 4th respondent.

7. From the pleadings in the writ petition and

arguments made at the Bar, it is evident that the petitioner had

paid the fee online and it was not credited to the account of

the 3rd respondent for no fault of the petitioner. The fault, if WP(C) No.7548/2021

any, is not man-made but is due to technical reasons. In such

circumstances, the petitioner being an aspiring student

belonging to Scheduled Caste Community, denial of

admission to her on that ground will be too harsh and highly

arbitrary.

8. When this writ petition came up for hearing on

23.03.2021, this Court had passed an interim order directing

respondents 1 to 3 not to fill up the seat allotted to the

petitioner as per Ext.P4.

In the facts and circumstances of the case, the writ

petition is allowed and the 3rd respondent is directed to confirm

the allotment made to the petitioner as per Ext.P4 in the

Paramedical Institute, Pazhampalakode, Palakkad, for the

Course Diploma in Health Inspector, after accepting the

amount of ₹100/- from the petitioner in cash or in any other

manner. The remittance shall be made within a period of one

week.

Sd/-

N. NAGARESH, JUDGE

aks/30.03.2021 WP(C) No.7548/2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPLICATION FORM SUBMITTED BY THE PETITIONER THROUGH ONLINE FOR THE COURSE DIPLOMA IN HEALTH INSPECTOR.

EXHIBIT P2 TRUE COPY OF THE PRINTOUT OF THE RECEIPT FOR PAYMENT OF RS.200/-

TOWARDS APPLICATION FEE PAID ON 24.12.2020 BY THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE PRINTOUT OF COLLEGE-

WISE LIST OF ALLOTTED CANDIDATES FOR DIPLOMA IN HEALTH INSPECTOR COURSE PUBLISHED BY THE 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE ALLOTMENT STATUS ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE PRINTOUT SHOWING THAT A PAYMENT OF RS.120.06 HAS BEEN MADE SUCCESSFULLY WHICH HAS BEEN REFLECTED IN THE SITE.

EXHIBIT P6 TRUE COPY OF THE BANK STATEMENT SHOWING THAT AN AMOUNT OF RS.120.06 HAS BEEN DEBITED FROM THE BANK ACCOUNT OF THE PETITIONER'S FATHER ON 18.3.2021.