Irshad Babu K vs University Of Calicut
2021 Latest Caselaw 8636 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    TUESDAY, THE 16TH DAY OF MARCH 2021 / 25TH PHALGUNA, 1942

                       WP(C).No.2694 OF 2021(J)


PETITIONERS:

      1        IRSHAD BABU K,
               AGED 22 YEARS
               BPED (INTEGRATED) FINAL YEAR STUDENT, CENTRE FOR
               PHYSICAL EDUCATION, UNIVERSITY CAMPUS, UNIVERSITY OF
               CALICUT (P.O.), THENHIPALAM, PIN 673 635

      2        ABHIJITH THILAKAN K.T.
               AGED 25 YEARS
               BPED (INTEGRATED) FINAL YEAR STUDENT, CENTRE FOR
               PHYSICAL EDUCATION, UNIVERSITY CAMPUS, UNIVERSITY OF
               CALICUT (P.O.), THENHIPALAM, PIN 673 635

      3        ANANTHU E.P.
               AGED 22 YEARS
               BPED (INTEGRATED) FINAL YEAR STUDENT, CENTRE FOR
               PHYSICAL EDUCATION, UNIVERSITY CAMPUS, UNIVERSITY OF
               CALICUT (P.O.), THENHIPALAM, PIN 673 635

      4        KARTHIGAN C.
               AGED 26 YEARS
               BPED (INTEGRATED) FINAL YEAR STUDENT, CENTRE FOR
               PHYSICAL EDUCATION, UNIVERSITY CAMPUS, UNIVERSITY OF
               CALICUT (P.O.), THENHIPALAM, PIN 673 635

               BY ADV. SRI.V.VINAR

RESPONDENTS:

      1        UNIVERSITY OF CALICUT
               REP.BY THE REGISTRAR, UNIVERSITY OF CALICUT,
               UNIVERSITY OF CALICUT (P.O.), THENHIPALAM PIN 673 635

      2        THE SYNDICATE OF CALICUT UNIVERSITY
               REP.BY THE VICE CHANCELLOR (NOW PRO VICE
               CHANCELLOR),UNIVERSITY OF CALICUT, UNIVERSITY OF
               CALICUT (P.O.), THENHIPALAM PIN 673 635

      3        THE VICE CHANCELLOR (NOW PRO VICE CHANCELLOR)
               UNIVERSITY OF CALICUT, UNIVERSITY OF CALICUT (P.O.),
               THENHIPALAM PIN 673 635
 WP(C).No.2694 OF 2021(J)

                                2

       4      THE REGISTRAR OF CALICUT UNIVERSITY
              UNIVERSITY OF CALICUT, UNIVERSITY OF CALICUT
              (P.O.), THENHIPALAM PIN 673 635

       5      THE CONTROLLER OF EXAMINATIONS
              UNIVERSITY OF CALICUT, UNIVERSITY OF CALICUT
              (P.O.), THENHIPALAM PIN 673 635

              R1-5 BY SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2694 OF 2021(J)

                                          3




                                 JUDGMENT

Dated this the 16th day of March 2021

This writ petition is filed seeking the following reliefs:

I. Issue a writ in the nature of Mandamus or such other writ, direction or orders directing the respondents to re-consider and dispose Exhibit P1 in its appropriate sense and spirit within time limit framed by this Hon'ble Court.

II. Issue a writ in the nature of Mandamus or such other writ, direction or orders directing the respondents to expedite the publication of the results of the special re- examination of the petitioners to permit the petitioners to appear for the admission procedure of M.P.Ed 2020-'22 of the University of Calicut.

III. To set aside Exhibit P6 and Exhibit P7 for re- notification to accommodate the petitioners who are otherwise qualified to after publication of the special re- examination results.

2. Heard the learned counsel for the petitioners and the

learned Standing Counsel appearing for the University.

3. It is submitted by the learned counsel for the petitioners

that the petitioners were students of Bachelor of Physical Education

course under the respondent-University. They could not attend the WP(C).No.2694 OF 2021(J)

final year examinations due to being afflicted with COVID.

Thereafter, special re-examinations were conducted for them and

they have passed the examinations. It is submitted that in the

meanwhile, the Master of Physical Education admissions have been

conducted by the University. The learned counsel for the

petitioners submit that there are vacant seats in the M.P.Ed

programme conducted by the Calicut University and that the

petitioners, who have passed the Bachelor course, are liable to be

considered against the remaining vacant seats.

4. The learned Standing Counsel submits that the ranked list

for admission to M.P.Ed course containing the names of 85

candidates was published on 14.01.2021. It is submitted that

counseling was held on 19.01.2021. There are 40 seats in the

University Centre and 15 seats in the Government College available

for filling up from the said ranked list. It is stated that all the 15

seats in the Government College have been filled up. With regard to

the 40 seats in the University centre, it is submitted that 2 seats

each of SC and ST are remaining unfilled. Further, one EWS and one

LC seat are also remaining unfilled. It is submitted that it is only if WP(C).No.2694 OF 2021(J)

the petitioners are better qualified than the remaining candidates

in the ranked list and if the EWS and LC seats are made available for

open merit candidates that the petitioners could have any right for

being considered for admission to those seats.

5. The learned counsel for the petitioners submit that one of

the petitioners is an SC candidate, one is an ST candidate and two

others are OBC candidates. It is submitted by the learned counsel for

the petitioners that the petitioners will immediately approach the

Vice Chancellor with a representation, pointing out the marks

obtained by them in the special re-examination conducted and their

claim may be considered in the seats now remaining vacant.

6. Having heard the learned Standing Counsel also, I am of the

opinion that the claim of the petitioners for admission in the vacant

M.P.Ed seats are liable to be considered by the Vice Chancellor in

accordance with law.

There will, accordingly, be a direction that in case the

petitioners submit a representation before the Vice Chancellor

within one week from today, pointing out their marks as well as

their claim for admission against the vacant M.P.Ed seats, the same WP(C).No.2694 OF 2021(J)

shall be considered by the Vice Chancellor and appropriate orders

shall be passed, taking note of the marks secured by them and their

other eligibility within a period of two weeks thereafter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C).No.2694 OF 2021(J)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE REPRESENTATION BEFORE THE 3RD RESPONDENT DATED 7.12.2021

EXHIBIT P2 TRUE COPY OF THE DISCHARGE CARD OF THE 1ST PETITIONER DATED 3/10/2020

EXHIBIT P3 TRUE COPY OF THE DISCHARGE CARD OF THE 2ND PETITIONER DATED 3/10/2020

EXHIBIT P4 TRUE COPY OF THE DISCHARGE CARD OF THE 3RD PETITIONER DATED 8/10/2020

EXHIBIT P5 TRUE COPY OF THE DISCHARGE CARD OF THE 4TH PETITIONER DATED 3/10/2020

EXHIBIT P6 THE TRUE COPY OF THE PRESS NOTICE FOR THE ADMISSION TO THE MPED. COURSE 2020-

2022 DATED 16/1/2021

EXHIBIT P7 THE TRUE COPY OF THE PROVISIONAL RANK LIST OF MPED. 202O -22 DATED 14/1/2021