Kerala High Court
Indian Institute Of Science Education ... vs Navanith on 3 September, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
2024:KER:68229
W.A.No.1267 of 2024 &
W.P.(C)No.27314 of 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946
WA NO. 1267 OF 2024
AGAINST THE ORDER DATED 07.08.2024 IN WP(C) NO.27314
OF 2024 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS 1 TO 4:
1 INDIAN INSTITUTE OF SCIENCE EDUCATION AND
RESEARCH
BHOPAL, REPRESENTED BY ITS DIRECTOR,
BHOPAL BYPASS ROAD, BHOPAL, PIN - 462066.
2 THE CHAIRPERSON,
JOINT ADMISSIONS COMMITTEE, INDIAN INSTITUTE OF
SCIENCE EDUCATION AND RESEARCH, BHOPAL,
BHOPAL BYPASS ROAD, BHOPAL, PIN - 462066.
3 INDIAN INSTITUTE OF SCIENCE EDUCATION AND
RESEARCH,
THIRUVANANTHAPURAM, REPRESENTED BY ITS DIRECTOR,
MARUTHAMALA.P.O, THIRUVANANTHAPURAM,
PIN - 695551.
4 THE DIRECTOR,
INDIAN INSTITUTE OF SCIENCE EDUCATION AND
RESEARCH, THIRUVANANTHAPURAM, MARUTHAMALA.P.O,
THIRUVANANTHAPURAM, PIN - 695551.
BY ADVS.
S.VISHNU
SHIREESH GUPTA
2024:KER:68229
W.A.No.1267 of 2024 &
W.P.(C)No.27314 of 2024
2
RESPONDENT/PETITIONER:
NAVANITH,
AGED 18 YEARS
S/O K. SURESH KUMAR, QUARTER NO: 1-B, TYPE-11,
P.A.O STAFF QUARTERS, PAYYAMBALAM, KANNUR P.O,
KERALA, PIN - 671001.
BY ADVS.SRI.RILGIN V.GEORGE
SMT.AKSHARA K.P.
SRI.K.T.RAVEENDRAN
SRI.P.DEEPAK (SR.)
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
03.09.2024, ALONG WITH WP(C).27314/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2024:KER:68229
W.A.No.1267 of 2024 &
W.P.(C)No.27314 of 2024
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946
WP(C) NO. 27314 OF 2024
PETITIONER:
NAVANITH,
AGED 18 YEARS
S/O K. SURESH KUMAR, QUARTER NO: 1-B, TYPE-11,
P.A.O STAFF QUARTERS, PAYYAMBALAM, KANNUR P.O,
KERALA, PIN - 671001
BY ADVS.
RILGIN V.GEORGE
K.T.RAVEENDRAN
AKSHARA K.P.
P.DEEPAK (SR.)(K/175/1996)
RESPONDENTS:
1 INDIAN INSTITUTE OF SCIENCE EDUCATION AND
RESEARCH
BHOPAL, REPRESENTED BY ITS DIRECTOR,
BHOPAL BYPASS ROAD, BHOPAL, PIN - 462066.
2024:KER:68229
W.A.No.1267 of 2024 &
W.P.(C)No.27314 of 2024
4
2 THE CHAIRPERSON,
JOINT ADMISSIONS COMMITTEE, INDIAN INSTITUTE OF
SCIENCE EDUCATION AND RESEARCH, BHOPAL,
BHOPAL BYPASS ROAD, BHOPAL, PIN - 462066.
3 INDIAN INSTITUTE OF SCIENCE EDUCATION AND
RESEARCH,
THIRUVANANTHAPURAM, REPRESENTED BY ITS DIRECTOR,
MARUTHAMALA.P.O, THIRUVANTHAPURAM, PIN - 695551.
4 THE DIRECTOR,
INDIAN INSTITUTE OF SCIENCE EDUCATION AND
RESEARCH, THIRUVANANTHAPURAM, MARUTHAMALA.P.O,
THIRUVANTHAPURAM, PIN - 695551.
BY ADVS.SRI.MILLU DANDAPANI, SC, INDIAN INSTITUTE OF
SCIENCE EDUCATION AND RESEARCH
S.VISHNU
SHIREESH GUPTA(P/983/2001)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.09.2024, ALONG WITH WA.1267/2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:68229
W.A.No.1267 of 2024 &
W.P.(C)No.27314 of 2024
5
A.MUHAMED MUSTAQUE, Acg.C.J. & S.MANU, J.
------------------------------------------------------------------
W.A.No.1267 of 2024 & W.P.(C)No.27314 of 2024
------------------------------------------------------------------
Dated this the 03rd day of September, 2024
JUDGMENT
S.MANU, J.
Indian Institute of Science Education and Research
(IISER) has filed W.A.No.1267 of 2024 against interim
order dated 07.08.2024 in W.P.(C)No.27314 of 2024.
When the writ appeal was taken up for admission learned
counsel on both sides agreed and submitted that the writ
petition may also be tagged with the writ appeal and be
disposed together. Hence, we called for the writ petition
also. Appeal as well as the writ petition are being disposed
of by this common judgment.
2. Writ petitioner applied for admission to 5
year BS-MS (Dual Degree) and 4 year BS Degree Programs
2024 of the IISER in response to the brochure published in
2024:KER:68229
W.A.No.1267 of 2024 &
April, 2024. He attended the examination held on
09.06.2024. When the result was published on 25.06.2024
he secured over all rank 983. However, he was not
considered for admission for the reason that mark sheet of
Class-XII examination was not submitted on time.
According to the petitioner, the mark list was uploaded on
06.07.2024.
3. IISER denied the claim of the petitioner
that he had uploaded the mark list. It was pointed out that
the petitioner had submitted that he had not received the
mark sheet. He was required to upload the mark sheet on
or before 06th July, 2024. On account of the failure on his
part to upload the mark sheet the petitioner could not have
been considered for allotment of seats. IISER pointed out
that the conditions regarding submission of mark sheet are
specifically mentioned in the brochure and every candidate
seeking admission is bound to follow the conditions strictly.
2024:KER:68229
W.A.No.1267 of 2024 &
It was also contended that hundreds of applications have
been rejected for non-compliance with the requirements
and therefore there is no discrimination involved.
4. The learned Single Judge by order dated
07.08.2024 issued interim direction to the IISER to
consider the candidature of the writ petitioner in the 3 rd
round of allocation scheduled between 07.08.2024 and
09.08.2024. As a matter of fact, the writ petitioner
participated in the allocation process and was allotted a
seat.
5. Sri.Shireesh Gupta appeared before us for
IISER. He submitted that the writ petitioner has already
been allocated with a seat in compliance with the direction
issued by the learned Single Judge. He further submitted
that though the learned Single Judge has clarified in the
impugned order that the participation of the writ petitioner
in the selection process would be subject to the final
2024:KER:68229
W.A.No.1267 of 2024 &
outcome of the writ petition, the IISER preferred the writ
appeal as the order results in serious prejudice to the
institution. He pointed out that the admission process
undertaken by the IISER is governed by terms and
conditions stated in the prospectus and all candidates are
bound to follow the same strictly. Those who fail to comply
with the time lines and requirements cannot be considered
for admission. He further submitted that if deviations are
permitted then the institution will not be in a position to
complete the admission process in a time bound manner
and do justice to all candidates. He also submitted that
interference by courts in the admission process and
enabling candidates who approached the court after failing
to comply with the requirements to participate in the
process would derail the admission process and will lead to
undesirable consequences. He therefore submitted that the
interference by the learned Single Judge was improper and
2024:KER:68229
W.A.No.1267 of 2024 &
illegal. However, he graciously submitted that since the
writ petitioner has already been admitted, the IISER does
not want to put him in trouble by pressing to set aside the
impugned order. He fairly submitted that now the anxiety
of the institution is that the impugned order would set a
bad precedent and in future it will be cited by similarly
situated candidates.
6. We appreciate the submissions advanced
by the learned counsel for IISER. Interference by courts
during various stages of admission process would result in
difficulties for the institutions and also the candidates. All
candidates participating in the selection process are bound
to follow the procedure. Only in very limited circumstances
interference by the courts will be justified. Writs shall not
be issued in favour of those who fail to follow the procedure
and to satisfy the requirements.
2024:KER:68229
W.A.No.1267 of 2024 &
7. Taking note of the fact that the writ
petitioner has already been allotted seat by the IISER, we
dispose the writ petition as also the writ appeal with the
observation that the impugned order of the learned Single
Judge shall not be treated as a precedent. We record the
submission of the learned counsel representing the IISER
that the admission granted to the writ petitioner has been
confirmed.
Writ Appeal and Writ Petition are disposed of as
above.
Sd/-
A.MUHAMED MUSTAQUE,
ACTING CHIEF JUSTICE
Sd/-
S.MANU,
JUDGE
skj
2024:KER:68229
W.A.No.1267 of 2024 &
APPENDIX OF WP(C) 27314/2024
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE RELEVANT PAGES OF
THE BROCHURE PUBLISHED BY THE 1ST
RESPONDENT
Exhibit P2 A TRUE COPY OF THE HALL TICKET ISSUED
BY 1ST RESPONDENT
Exhibit P3 A TRUE COPY OF THE CLASS XII MARK LIST
OF THE PETITIONER ISSUED ON 14.06.2024
Exhibit P4 A TRUE COPY OF THE RANK CERTIFICATE
ISSUED TO THE PETITIONER
Exhibit P5 A TRUE COPY OF THE EMAIL COMMUNICATION
DATED 04.07.2024
Exhibit P6 A TRUE COPY OF THE UPLOADED PREFERENCES
Exhibit P7 A TRUE COPY OF THE CLOSING RANKS
Exhibit P8 A TRUE COPY OF THE REPRESENTATION DATED
20.07.2024
Exhibit P9 A TRUE COPY OF THE EMAIL COMMUNICATION
DATED 22.07.2024
Exhibit P10 A TRUE COPY OF THE EMAIL COMMUNICATION
OF THE 2ND RESPONDENT DATED 22.07.2024
Exhibit P11 A TRUE COPY OF THE SUBSEQUENT
REPRESENTATION DATED 22.07.2024
Exhibit P12 A. TRUE COPY OF THE RELEVANT PAGES OF
PROSPECTUS FOR ADMISSION TO
PROFESSIONAL DEGREE COURSES (KEAM
2024:KER:68229
W.A.No.1267 of 2024 &
-2024)
Exhibit P13 A. TRUE COPY OF THE RELEVANT PAGES OF
NEET(UG) -2024 PROSPECTUS
Exhibit P14 A. TRUE COPY OF THE PRINT OUT RELEVANT
PAGES OF THE ONLINE PORTAL OF NATIONAL
ENTRANCE SCREENING TEST (NEST)
RESPONDENT'S EXHIBITS
EXHIBIT R2(a) True copy of the Technical Report dated
05.08.2024
EXHIBIT R2(b) True copy of the Admission Brochure for
the year 2024
EXHIBIT R2(c) True copy of the email communication
dated 03.07.2024 issued by the 2nd
respondent.
