Vyshnav Sajeev vs Mahatma Gandhi University
2021 Latest Caselaw 20644 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
                      TH
     TUESDAY, THE 5        DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
                           WP(C) NO. 18793 OF 2021
PETITIONER:

          VYSHNAV SAJEEV,
          AGED 18 YEARS,
          S/O S.SAJEEV,
          VYSHNAVAM, ATHANI P.O, KUNNUSSERY,
          NEDUMBASSERY, ERNAKULAM-683585.

          BY ADV P.DEEPAK



RESPONDENTS:

    1     MAHATMA GANDHI UNIVERSITY,
          PRIYADARSHINI HILLS,
          ATHIRAMPUZHA P.O,
          KOTTAYAM-686560,
          REPRESENTED BY ITS REGISTRAR.

    2     THE VICE CHANCELLOR,
          MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS,
          ATHIRAMPUZHA P.O, KOTTAYAM-686560.

    3     THE REGISTRAR,
          MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS,
          ATHIRAMPUZHA P.O, KOTTAYAM-686560.

          BY ADV SURIN GEORGE IPE
          SRI JIMMY GEORGE, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18793 OF 2021               -2-



                                 JUDGMENT

This court after hearing the matter on 13.09.2021, issued notice

before admission and passed the following order:

"Inter alia alleges that the petitioner passed 10+2 examination with the marks reflected in Ext.P1 and applied for under graduate course with Reg.No.101015 in the Mahatma Gandhi Unviersity. The Government of Kerala, vide order dated 13.08.2021 Ext.P4 issued direction to all the colleges and universities to add 15 marks as bonus marks for admission to the colleges in the State. Calicut Unversity, as per Ext.P6, had already granted the awarding of bonus marks. But, as far as the petitioner is concerned, the index marks have not been uploaded. Petitioner has not been able to appear for the 1st , 2nd or 3rd counselling, as per Ext.P5 dated 1.8.2021 and the 4th counselling is scheduled to commence on 23.09.2021.

Issue notice before admission to the respondents. Adv.Sri. Surin George takes notice for the respondents and seeks two days time to give the particulars of awarding the bonus marks, over and above what the petitioner has already obtained vide Ext.P1."

2. In pursuance to the aforementioned notice respondents

filed the statement on behalf of the University and submitted that the

bonus of 15 marks for the categories mentioned in Ext.P4 had been in

force long before the implementation of Centralised Allotment Process

in the year 2010. Ext.P4 was issued after closing of the online

registration and after publication of the trial allotment. Thus it was not

possible to include the said category for granting bonus marks as

stated in the Government Order without the approval of the Academic

Council. As of now the order of the Government has not been

implemented by the University much less Ext.P4 is directive in nature.

During the course of the argument attention of this Court was drawn to

the screen shot taken from the website dated 25.09.2021 that the

bonus marks have been given to SC/ST candidates.

3. The aforementioned submissions were rebutted by

Mr.Surin George by submitting that the online registration of the

special allotment for SC/ST category only commenced after the

promulgation of Ext.P4 i.e., with effect from 27.09.2021. However, it

came to the notice of this Court that the online registration/Option

registration for supplementary allotment would commence from

12.10.2021. Noticing the aforementioned facts on 01.10.2021 the

following order was passed.

"Noticing the arguments regarding the awarding of the grace marks as per Ext.P4 dated 13.8.2021, the

respondent/University filed the counter and alleged that the online registration had commenced on 27th July 2021 and thus the Government Order Ext.P4 would not apply retrospectively.

2. Sri.P.Deepak, learned counsel appearing on behalf of the petitioner pointed out that even the online registration of supplementary allotment would commence only on 15th October, 2021, i.e., post the amendment Ext.P4. Since the respondent university is already giving the benefit of Ext.P4 to the candidates belonging to SC and ST, who owned registration had began after the promulgation of Ext.P4 i.e., with effect from 27.09.2021-29.09.2021, petitioner would have not only a faint chance but a positive chance in case the vacancy remains vacant by availing the supplementary allotment.

3. Faced with the situation, Mr.Surin George, learned counsel appearing on behalf of respondents university seeks short accommodation to address arguments."

4. Today an additional statement on behalf of the Mahatma

Gandhi University has been filed, wherein Paragraph No.1 it has been

stated as under:

"This statement may be read in continuance with the earlier statement filed for and on behalf of the respondents dated 16-9-2021. It is respectfully submitted that the Vice Chancellor has exercised the powers of the Academic

Council vide section 10(17) of the MG University Act 1985 and accordingly Ext.P4 GO (MS) No.343/2001/h.Edn.dated 13-08-2021 has been implemented in the University from the Special allotment -1 for SC/ST, registration for which has commenced on 25-10-2021. The stakeholders including the petitioner may re-opt to the resultant vacancies/edit and claim bonus marks under the said category at the time of online registration/Option registration for supplementary allotment which shall be available from 12-10-2021 to 18-10-2021."

Since the respondent University have protected the interest of

the petitioner by re-opting to the resultant vacancies/edit and claim

bonus marks under the said category at the time of online

registration/option registration for supplementary allotment to be

available from 12.10.2021 to 18.10.2021. Counsel for the petitioner

submits that the grievance of the petitioner for the time being stands

vindicated and request for closure of the writ petition. Ordered

accordingly.

Sd/-

AMIT RAWAL JUDGE vv

APPENDIX OF WP(C) 18793/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE MARK LIST ISSUED TO THE PETITIONER FOR THE PLUS TWO LEVEL EXAMINATION.

Exhibit P2 A TRUE COPY OF THE RAJYA PURASKAR AWARDED TO THE PETITIONER ON 17/02/2017.

Exhibit P3 A TRUE COPY OF THE NEWS REPORT THAT WAS PUBLISHED IN THE HINDU DAILY DATED 08/09/2021.

Exhibit P4 A TRUE COPY OF THE GOVERNMENT ORDER DATED 13/08/2021 WITH ITS TRUE ENGLISH TRANSLATION.

Exhibit P5 A TRUE COPY OF THE NOTIFICATION ISSUED BY THE 1ST RESPONDENT UNIVERSITY DATED 01.08.2021.

Exhibit P6 A TRUE COPY OF THE NOTICE ISSUED BY THE PRINCIPAL, CHRIST COLLEGE (AUTONOMOUS) IRINJALAKUDA.