Geo Paul vs Director Of Admissions
2021 Latest Caselaw 7558 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942

                        WP(C).No.4725 OF 2021(M)


PETITIONER:

                GEO PAUL
                AGED 36 YEARS
                S/O. PAUL A. M., RESIDING AT ALOOR HOUSE, MULLAKKARA,
                AMMADAM P. O., THRISSUR - 680563.

                BY GEO PAUL(PARTY IN PERSON)

RESPONDENT/S:

      1         DIRECTOR OF ADMISSIONS
                TAGORE NIKETHAN, UNIVERSITY OF CALICUT, THENHIPALAM,
                MALAPPURAM, KERALA - 673635.

      2         THE VICE CHANCELLOR
                UNIVERSITY OF CALICUT, THENHIPALAM, MALAPPURAM,
                KERALA - 673635.

      3         THE REGISTRAR
                UNIVERSITY OF CALICUT, THENHIPALAM, MALAPPURAM,
                KERALA - 673635.

      4         THE HEAD OF THE DEPARTMENT OF CHEMISTRY
                CHEMISTRY DEPARTMENT AT UNIVERSITY OF CALICUT,
                MALAPPURAM, KERALA - 673635.


                SC P.C. SASIDHARAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4725 OF 2021

                                  2




                            JUDGMENT

Dated this the 4th day of March 2021

This writ petition is filed seeking the following reliefs:-

(i) issue a writ of Mandamus or appropriate writ to admit the petitioner for Mphil Chemistry programme under EWS-(Economically Backward under Forward Classes) reservation on the basis of ranking in the Mphil Chemistry Entrance Test conducted on 21/01/2021 by University of Calicut subjected to the rank and available vacancy to be filled.

2. Heard the petitioner as well as the learned standing

counsel appearing for the respondents.

3. The contention of the petitioner is that he is fully

qualified and eligible for admission for the M.Phil course in

Chemistry under the Economically Backward among Forward

Classes quota and that admission under the said quota is

applicable to courses conducted by the University as well.

4. It is contended by the petitioner that the Department

of Chemistry in the University of Calicut has an index strength of WP(C).No.4725 OF 2021

16 seats for M.Phil programme and that the petitioners claim for

admission under the EWS quota is not being considered in terms

of the relaxed norms as are applicable to EWS candidates.

5. It is contended by the learned counsel for the petitioner

that Ext.P20 representation has been submitted by the petitioner

before the Vice Chancellor and that in view of the fact that the

department has not recommended the admission of the

petitioner, the same is not being considered.

6. The learned standing counsel appearing for the

University submits that since Ext.P20 representation has been

submitted before the Vice Chancellor, the complaint of the

petitioner with regard to the relaxation of the minimum marks for

EWS candidates will be considered by the Vice Chancellor and an

appropriate decision shall be taken in accordance with law, taking

note of the contentions of the petitioner as well.

In the above view of the matter, there will be a direction to

the 2nd respondent to take up, consider and pass orders on

Ext.P20 representation submitted by the petitioner, taking note

of the contentions raised by the petitioner as well, expeditiously, WP(C).No.4725 OF 2021

at any rate, within two weeks from the date of receipt of a copy

of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

ssa WP(C).No.4725 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE VACANCY LIST OF MPHIL CHEMISTRY PROGRAMME IN VARIOUS DEPARTMENTS OF UNIVERSITY OF CALICUT FOR THE COMING ACADEMIC YEAR.

EXHIBIT P2 TRUE COPY OF RANK LIST OF MPHIL ENTRANCE EXAMINATION PUBLISHED BY DEPARTMENT OF CHEMISTRY AT UNIVERSITY OF CALICUT FOR THE MPHIL ENTRANCE EXAMINATION CONDUCTED ON 21.01.2021.

EXHIBIT P3 TRUE COPY OF CATEGORY WISE RANK LIST PUBLISHED BY DEPARTMENT OF CHEMISTRY AT UNIVERSITY OF CALICUT STATING CONFIRMED SEATS FOR THE ENTRANCE EXAMINATION CONDUCTED ON 21.01.2021.

EXHIBIT P4 TRUE COPY OF MAIN AND SUPPLEMENTARY RANK LIST PRODUCED BY DEPARTMENT OF ZOOLOGY AT UNIVERSITY OF CALICUT FOR THE MPHIL ENTRANCE EXAMINATION CONDUCTED ON 21.01.2021.

EXHIBIT P5 TRUE COPY OF (EWS) ECONOMICALLY BACKWARD UNDER FORWARD CLASSES RESERVATION NOTIFICATION BY THE RESPONDENT NUMBER 1 FOR MPHIL ENTRANCE EXAMINATION CONDUCTED BY UNIVERSITY OF CALICUT MPHIL ENTRANCE EXAMINATION DATED 21.01.21.

EXHIBIT P6 TRANSLATION TO ENGLISH LANGUAGE OF THE EXHIBIT P5.

EXHIBIT P7 TRUE COPY OF RANK LIST OF THE DEPARTMENT OF MATHEMATICS FOR MPHIL ENTRANCE EXAMINATION CONDUCTED ON 21.01.2021.

EXHIBIT P8 TRUE COPY OF RANK LIST OF THE DEPARTMENT OF EDUCATION AT UNIVERSITY OF CALICUT FOR THE MPHIL ENTRANCE EXAMINATION CONDUCTED ON 21.01.2021.

EXHIBIT P9 TRUE COPY OF THE RANK LIST OF THE WP(C).No.4725 OF 2021

DEPARTMENT OF HINDI AT UNIVERSITY OF CALICUT FOR MPHIL ENTRANCE EXAMINATION CONDUCTED ON 21.01.2021.

EXHIBIT P10 TRUE COPY OF THE RANK LIST OF THE DEPARTMENT OF COMMERCE AND MANAGEMENT AT UNIVERSITY OF CALICUT FOR THE MPHIL ENTRANCE EXAMINATION CONDUCTED BY UNIVERSITY OF CALICUT ON 21.01.2021.

EXHIBIT P11 TRUE COPY OF THE RANK LIST OF DEPARTMENT OF BIOCHEMISTRY FOR THE MPHIL ENTRANCE EXAMINATION CONDUCTED BY UNIVERSITY OF CALICUT ON 21.01.2021.

EXHIBIT P12 TRUE COPY OF THE RANK LIST OF THE DEPARTMENT OF PHYSIOLOGY AT THE UNIVERSITY OF CALICUT FOR THE MPHIL ENTRANCE EXAMINATION CONDUCTED ON 21.01.2021.

EXHIBIT P13 TRUE COPY OF THE RANK LIST OF DEPARTMENT OF MICROBIOLOGY FOR MPHIL ENTRANCE EXAMINATION CONDUCTED BY UNIVERSITY OF CALICUT ON 21.01.2021.

EXHIBIT P14 TRUE COPY OF THE ATTENDANCE SLIP OF THE PETITIONER FOR THE MPHIL ENTRANCE EXAMINATION CONDUCTED BY UNIVERSITY OF CALICUT ON 21.01.2021.

EXHIBIT P15 IS THE REPRESENTATION OF THE GRIEVANCES OF PETITIONER TO RESPONDENT 4.

EXHIBIT P16 TRUE COPY OF THE ACKNOWLEDGEMENT OF THE RECEIPT OF REPRESENTATION OF THE GRIEVANCES OF THE PETITIONER TO RESPONDENT 4.

EXHIBIT P17 TRUE COPY OF THE CERTIFICATION FROM THE PARALAM VILLAGE OFFICE, THRISSUR TALUK, KERALA STATE THAT THE PETITIONER COMES UNDER (EWS) ECONOMICALLY BACKWARD AMONG FORWARD CLASSES.

EXHIBIT P18 TRUE COPY OF THE CERTIFICATION FROM THE PARALAM GRAMA PANCHAYATH OFFICE, UNDER THRISSUR DEPUTY DIRECTOR OF PANCHAYATH OFFICE, KERALA STATE THAT THE PETITIONER COMES UNDER (EWS) ECONOMICALLY BACKWARD AMONG FORWARD CLASSES.

WP(C).No.4725 OF 2021

EXHIBIT P19 IS THE ENGLISH LANGUAGE TRANSLATION OF EXHIBIT P18.

EXHIBIT P20 TRUE COPY OF THE APPEAL OF EXHIBIT P15 TO RESPONDENT 4.

EXHIBIT P21 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT OF THE APPEAL BY RESPONDENT 4.

EXHIBIT P22 TRUE COPY OF THE CONVOCATION CERTIFICATE OF MASTER OF SCIENCE IN CHEMISTRY WITH FIRST CLASS MARK 2.43/4 OR 60.75 PERCENT MARKS STATING THE PETITIONER HAS ELIGIBILITY TO PURSUE MPHIL PROGRAMME IN CHEMISTRY FOR WHICH ENTRANCE WAS CONDUCTED BY UNIVERSITY OF CALICUT ON 21.02.21.

EXHIBIT P23 TRUE COPY OF CONSOLIDATED MARKS CARD OF PETITIONERS MASTERS DEGREE IN CHEMISTRY WITH SCORE OF 2.43/4 OR 60.75 PERCENTAGE MARKS STATING THAT PETITIONER HAS ELIGIBILITY TO PURSUE MPHIL PROGRAMME IN CHEMISTRY FOR WHICH ENTRANCE WAS CONDUCTED BY UNIVERSITY OF CALICUT ON 21.02.21.

EXHIBIT P24 TRUE COPY OF THE TRANSFER CERTIFICATE OF THE PETITIONER TO PURSUE MPHIL CHEMISTRY PROGRAMME WHICH STATES THAT THE PETITIONER HAS ELIGIBILITY TO PURSUE MPHIL CHEMISTRY PROGRAMME.