Kerala High Court
Aromal Raj . R vs The Commissioner For Entrance ... on 3 February, 2023
W.P.(C) Nos.42224, 42281 & 42803 of 2022
:1:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
WP(C) NO. 42224 OF 2022
PETITIONER/S:
ADWAITH S.K
AGED 18 YEARS
S/O KAILASANATHAN K.P, TC 53/2066-3, KATHIRATTIL
PURATHOOT, THATTANVILA, PAPPANAMCODE P.O,
THIRUVANANTHAPURAM, PIN - 695 018.
BY ADVS.
K.S.PRENJITH KUMAR
S.MANU
JISMIN JOSE
BEA MARY BENNY
RESPONDENT/S:
1 THE COMMISSIONER FOR ENTRANCE EXAMINATION
OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATION,
HOUSING BOARD BUILDING, SHANTHI NAGAR,
THIRUVANANTHAPURAM, PIN - 695 001.
2 THE GOVERNMENT OF KERALA
REP BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695 001.
3 THE PRINCIPAL,
GOVERNMENT LAW COLLEGE, BARTON HILL, KUNNUKUZHY,
THIRUVANANTHAPURAM,, PIN - 695 035.
4 THE PRINCIPAL,
KERALA LAW ACADEMY LAW COLLEGE, PEROORKKADA,
THIRUVANANTHAPURAM, PIN - 695 005.
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
SRI.P.G.PRAMOD, GOVERNMENT PLEADER(GP-50)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2023, ALONG WITH WP(C).42281/2022 & 42803/2022, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.42224, 42281 & 42803 of 2022
:2:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
WP(C) NO. 42281 OF 2022
PETITIONER/S:
1 ALKA VINOD,
AGED 19 YEARS
D/O. K. VINOD KUMAR, KAUMUDY, AVANAVANCHERY P.O.
ATTINGAL, THIRUVANANTHAPURAM, 695 103.
2 VERONICA JOHN FRANCIS,
AGED 18 YEARS
D/O. D. VINU FRANCIS VINU VILLA, MUTTATHIL P.O., PERINAD,
KOLLAM. 691 601.
3 NAFEESA NOURIN P.
AGED 19 YEARS
D/O. ASHRAF PALAKKAL, PALAKKAL HOUSE, DWEEP ROAD,
MOOCHIKKAL, VALANCHERY, MALAPPURAM-676 552.
4 VARSHA JOSEPH
AGED 19 YEARS
D/O. P.V.JOSEPH, PALLIPARAMBIL (H), C.M.C.-30, WEST OF
CHUDUKAD JN. CHERTHALA, ALAPPUZHA- 688 524.
BY ADVS.
SAJU JOHN
JELSON J.EDAMPADAM
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY SECRETARY TO
GOVERNMENT,
HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS,
OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATIONS,
HOUSING BOARD BUILDINGS, SANTHI NAGAR,
THIRUVANANTHAPURAM- 695 001.
3 THE PRINCIPAL
GOVT. LAW COLLEGE-THIRUVANANTHAPURAM, BARTON HILL,
KUNNUKUZHY P.O, THIRUVANANTHAPURAM.695 035.
4 THE PRINCIPAL
GOVT. LAW COLLEGE-ERNAKULAM, PARK AVENUE, MARINE DRIVE
P.O, ERNAKULAM,682 011.
5 THE PRINCIPAL
GOVT. LAW COLLEGE-THRISSUR, AYYANTHOLE P.O,
W.P.(C) Nos.42224, 42281 & 42803 of 2022
:3:
THRISSUR.680 003.
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
SRI.P.G.PRAMOD, GOVERNMENT PLEADER(GP-50)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2023, ALONG WITH WP(C).42224 & 42803 OF 2022, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.42224, 42281 & 42803 of 2022
:4:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
WP(C) NO. 42803 OF 2022
PETITIONER/S:
AROMAL RAJ . R
AGED 21 YEARS
S/O. RAJEEV KUMAR. L, NO. 15 CUSTOMS QUARTERS, WILLINGTON
ISLAND, ERNAKULAM, PIN - 682 003.
BY ADV V.S.THOSHIN
RESPONDENT/S:
1 THE COMMISSIONER FOR ENTRANCE EXAMINATION
HOUSE BOARD BUILDINGS, SANTHI NAGAR,
THIRUVANANTHAPURAM, PIN - 695 001.
2 THE PRINCIPAL, GOVERNMENT LAW COLLEGE,ERNAKULAM
MARINE DRIVE, ERNAKULAM, PIN - 682 011.
BY ADV THOSHIN V.S
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2023, ALONG WITH WP(C).42224 & 42281 OF 2022, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.42224, 42281 & 42803 of 2022
:5:
SHAJI P. CHALY, J.
---------------------------------------------------------
W.P.(C) Nos. 42224, 42281 & 42803 of 2022
---------------------------------------------------------
Dated this the 3rd day of February, 2023.
JUDGMENT
Writ Petitions are materially connected in respect of claims
raised by the petitioners, who are already admitted law students in
Self Financing institutions, for allotment in Government Law
Colleges consequent to the 10% additional seats granted by the
Bar Council of India for Five Year LLB course. On enhancement of
the seats, the Commissioner for Entrance Examinations, Kerala,
issued Exhibit P6 guidelines dated 20.12.2022 produced in W.P.(C)
No. 42224 of 2022 prescribing the eligibility to participate in the
stray vacancy filling.
2. From the eligibility criteria prescribed in the guidelines, it
is clear that a candidate is eligible to participate in stray vacancy
filling allotments, if he is not admitted in the Integrated Five Year
LLB course upto the second round of centralized allotments and
those who are not allotted in Integrated Five Year LLB course
through mop-up counseling, irrespective of admission status.
3. That apart, yet another eligibility criteria is that if vacancy
exist after first two lists are exhausted, any candidate specifying the
eligibility conditions mentioned in the guidelines may be considered
W.P.(C) Nos.42224, 42281 & 42803 of 2022
for admitting to the remaining stray vacancies; but candidates
allotted to the course through mop-up counselling and candidates
admitted to the course through phases upto second round of
centralised allotments conducted by the Commissioner for Entrance
Examinations and the candidates included in the Allotment List
(List-I of the lists for Stray Vacancy Filling) will not be considered.
It is, thus, challenging the legality and correctness of the said
eligibility criteria, writ petitions are filed.
4. In fact, the question with respect to the filling up of stray
vacancy on account of 10% increase made by the Bar Council of
India vis-a-vis students admitted in Self Financing colleges was
considered by a learned single Judge of this Court in Cicily
Grashious v. State of Kerala [2021 (1) KLT 784] and held that in
the light of the decision of the Apex Court in Arvind Kumar
Kankane v. State of U.P and Ors. [(2001) 8 SCC 355], the
decision taken by the Commissioner for Entrance Examinations that
the additional seats as well as the vacancies shall be filled up only
from among those who did not get admission, is not illegal. The said
judgment was upheld by a Division Bench of this Court (to which I
am a party) in Cisly Grashioius v. State of Kerala [2020 SCC
Online Ker 24192].
5. That apart, later, the said judgments were followed by a
W.P.(C) Nos.42224, 42281 & 42803 of 2022
learned single Judge of this Court and rendered a common
judgment dated 16.01.2023 in W.P.(C) No. 42752 of 2022 and
42835 of 2022. Taking into consideration the above Judgments, this
Court dismissed W.P.(C) No 42709 of 2022 as per judgment dated
30.01.2023; however, in which an observation is made to consider
any meritorious person in the event of any seats remaining vacant
after the admission process. Therefore, it can be seen that the
issue raised by the petitioners in respect of those who have already
secured admission in Self Financing Colleges seeking admission to
stray vacancies, is well settled and covered against the petitioners.
In that view of the matter, the petitioners are not entitled to
get any reliefs as are sought for by them. Writ petitions fail and
accordingly, they are dismissed. The principles of law evolved in the
said judgments, and the observation made in the Judgment in W.P.
(C) No 42709 of 2022 dated 30.01.2023 would squarely apply to
these cases as well.
sd/-
SHAJI P. CHALY,
JUDGE.
Rv
--
W.P.(C) Nos.42224, 42281 & 42803 of 2022
APPENDIX OF WP(C) 42224/2022
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE PROSPECTUS (WITHOUT
ANNEXURES) ISSUED BY THE 1ST RESPONDENT
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF THE FINAL
RANK LIST OF ENTRANCE EXAMINATION DATED
10.10.2022 PUBLISHED BY THE 1ST RESPONDENT.
Exhibit P3 TRUE COPY OF THE ALLOTMENT LETTER DATED
7.11.2022 ISSUED BY THE 1ST RESPONDENT
Exhibit P4 A TRUE COPY OF THE GO(RT) NO.1794/2022/HEDN
DATED 02.12.2022 ISSUED BY THE 2ND
RESPONDENT.
Exhibit P5 A TRUE COPY OF THE LETTER NO.
BCI:D:1728/2022(LE) DATED 8.12.2022 ISSUED BY
THE JOINT SECRETARY, BAR COUNCIL OF INDIA TO
THE 3RD RESPONDENT.
Exhibit P6 A TRUE COPY OF THE STRAY VACANCY FILLING
ROUND GUIDELINES DATED 20.12.2022 ISSUED BY
THE 1ST RESPONDENT.
Exhibit P7 A TRUE COPY OF THE LIST OF VACANT SEATS
AVAILABLE IN VARIOUS LAW COLLEGES FOR STRAY
VACANCY ROUND.
RESPONDENTS' EXHIBITS: NIL
True Copy
PS To Judge.
rv
W.P.(C) Nos.42224, 42281 & 42803 of 2022
APPENDIX OF WP(C) 42281/2022
PETITIONERS' EXHIBITS:
Exhibit P1 THE TRUE COPY OF THE PROSPECTUS FOR ADMISSION
TO INTEGRATED FIVE YEAR LLB COURSE, KERALA
2022-23, ISSUED BY THE 2ND RESPONDENT
Exhibit P2 TRUE COPY OF THE NOTIFICATION FOR MOP UP
ALLOTMENT DATED 25.11.2022, ISSUED BY THE 2ND
RESPONDENT
Exhibit P3 TRUE COPY OF THE LETTER DATED 08.12.2022,
ISSUED BY THE BAR COUNCIL OF INDIA TO THE 3RD
RESPONDENT
Exhibit P4 TRUE COPY OF THE NOTIFICATION FOR STRAY
VACANCY FILLING, ALONG WITH ITS GUIDELINES
DATED 20.12.2022, ISSUED BY THE 2ND
RESPONDENT.
Exhibit P5 TRUE COPY OF THE ALLOTMENT LIST FOR STRAY
VACANCY ROUND DATED 20.12.2022, PUBLISHED BY
THE 2ND RESPONDENT.
Exhibit P6 TRUE COPY OF THE FIRST PAGE OF THE LIST OF
VACANT SEATS ROUND DATED 20.12.2022,
PUBLISHED BY THE 2ND RESPONDENT.
Exhibit P7 TRUE COPY OF THE EMAIL DATED 14.12.2022, SENT
BY THE 1ST PETITIONER, ALONG WITH THE REPLY
ISSUED BY THE 2ND RESPONDENT.
Exhibit P8 TRUE COPY OF THE EMAIL DATED 20.12.2022, SENT
BY THE 1ST PETITIONER
RESPONDENTS' EXHIBITS: NIL
True Copy
PS To Judge.
rv
W.P.(C) Nos.42224, 42281 & 42803 of 2022
APPENDIX OF WP(C) 42803/2022
PETITIONERS' EXHIBITS:
Exhibit P1 THE TRUE COPY OF THE CANDIDATE DATE SHEET OF
THE PETITIONER.
Exhibit P2 THE TRUE COPY OF THE FIRST PHASE ALLOTMENT
DATED 9/11/2022.
ExhibitP3 THE TRUE COPY OF THE PAYMENT TRANSACTION AS
THE MOP-UP ALLOTMENT FEE DATED 28/11/2022.
ExhibitP4 THE NOTIFICATION OF THE MOP-UP ALLOTMENT BY
THE 1ST RESPONDENT DATED 30/11/2022.
ExhibitP5 THE TRUE COPY OF THE GUIDELINE ISSUED BY THE
1ST RESPONDENT DATED 22/12/2022.
RESPONDENTS' EXHIBITS: NIL
True Copy
PS To Judge.
rv
