Citation : 2022 Latest Caselaw 9127 Ker
Judgement Date : 27 July, 2022
WP(C) No.22590/2022 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Wednesday, the 27th day of July 2022 / 5th Sravana, 1944
WP(C) NO. 22590 OF 2022
PETITIONER:
ALEETA MARY ELDHO, AGED 19 YEARS D/O.MUREECKAL YOHANAN ELDHO,
MUREECKAL HOUSE, THALACODE.P.O., MULANTHURUTHY, ERNAKULAM DISTRICT,
PIN-682 314.
RESPONDENTS:
1. UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS ADDRESS: ROOM NO. 1024,
JAWAHAR LAL NEHRU BHAWAN, 23-D, JANPATH, NEW DELHI-110 011,
REPRESENTED BY ITS UNDER SECRETARY.
2. DIRECTORATE GENERAL OF SHIPPING, 9TH FLOOR, BETA BUILDING, I-THINK
TECHNO CAMPUS, KANJURMARG (EAST), MUMBAI-400 042, REPRESENTED BY ITS
DIRECTOR GENERAL.
3. THE NATIONAL UNIVERSITY OF ADVANCED LEGAL STUDIES, NAD ROAD, HMT
COLONY, NORTH KALAMASSERY, KALAMASSERY, KOCHI-683 503, REPRESENTED
BY ITS REGISTRAR.
4. THE REGISTRAR, THE NATIONAL UNIVERSITY OF ADVANCED LEGAL STUDIES,
NAD ROAD, HMT COLONY, NORTH KALAMASSERY, KALAMASSERY, KOCHI, KERALA
683 503.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 4th respondent not to fill one seat of B.A.L.L.B
(Honors) degree course reserved for Supernumerary NRI sponsored candidates
during the pendency of this Writ Petition (Civil)
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and this court's order dated
12.07.2022 and upon hearing the arguments of M/S AHAMMAD SACHIN K., VINOD
S. PILLAI, MOHAMMED THAYIB N.M., NAYANA VARGHESE, K.S.SANGEETHA, Advocates
for the petitioner, and ASSISTANT SOLICITOR GENERAL OF INDIA for
Respondent 1 and 2 and of SRI. PAULY MATHEW MURICKEN, STANDING COUNSEL for
Respondents 3 and 4, the court passed the following:
WP(C) No.22590/2022 2/3
DEVAN RAMACHANDRAN, J.
=========================
W.P.(C) No.22590 of 2022
==========================
Dated this the 27th day of July, 2022
ORDER
Before this Court can issue a final judgment, I am certain
that the NUALS will have to clarify certain aspects, namely:-
(a) What is meant by Residence permit as mentioned in
clause 7(f) of Ext.P1.
(b) Can Ext.P3 Continuous Discharge Certificate, issued
by the Government of India, be adopted in lieu of the
Residence permit because a Seafarer perhaps may not be in a
position to obtain such a permit on account of the nature of
his employment.
This information shall be made available to this Court on
01.08.2022.
The interim order earlier granted by this Court on
12.07.2022 will stand extended till 01.08.2022.
H/o.
Sd/- DEVAN RAMACHANDRAN,
JUDGE
stu
27-07-2022 /True Copy/ Assistant Registrar
WP(C) No.22590/2022 3/3
APPENDIX OF WP(C) 22590/2022
Exhibit P1 TRUE COPY OF THE NOTIFICATION ISSUED BY THE 3RD
RESPONDENT DATED 04.04.2022 WITH RESPECT TO B.A. LL.B (HONORS) DEGREE COURSE.
Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF CONTINUOUS DISCHARGE CERTIFICATE CUM SEAFARER'S IDENTITY DOCUMENT ISSUED BY THE 2ND RESPONDENT.
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