Kerala High Court
Suja Sekhar S vs State Of Kerala on 28 February, 2025
Author: N. Nagaresh
Bench: N.Nagaresh
2025:KER:16756
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 28TH DAY OF FEBRUARY 2025 / 9TH PHALGUNA, 1946
WP(C) NO. 45811 OF 2024
PETITIONER:
SUJA SEKHAR S.
AGED 47 YEARS
D/O.LATE SIVAMBIKA, SEKHAR HOUSE,
PEYAD P.O., PEYAD,
THIRUVANANTHAPURAM, PIN - 695573
BY ADV M.SREEKUMAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 DIRECTOR OF COLLEGIATE EDUCATION
6TH FLOOR, VIKAS BHAVAN, PALAYAM,
THIRUVANANTHAPURAM, KERALA, PIN - 695033
3 OMMISSIONER FOR ENTRANCE EXAMINATIONS, KERALA
OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATIONS,
7TH FLOOR, KSRTC BUS TERMINAL COMPLEX, THAMPANOOR,
THIRUVANANTHAPURAM, PIN - 695001
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W.P.(C) No.45811/2024
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ADDL.4 LOLITHA K.R ,
KOCHUVILA VEEDU, POOPPURAM, OZHUKUPARA, ANAKUDY
P.O., THIRUVANANTHAPURAM-695606.
(ADDITIONAL 4TH RESPONDENT IS IMPLEADED AS PER
ORDER DATED 13/01/2024 IN I.A. NO.1/2025 IN
WP(C)45811/2024)
BY ADVS.
S.K.ADHITHYAN
REUBEN CHARLY(K/2255/2021)
SHAHINA NOUSHAD(K/000694/2019)
CHRISTY THOMAS(K/000839/2017)
VYSHNAV S. NAIR(K/003580/2024)
SMT. ANIMA M., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.02.2025, THE COURT ON 28.02.2025 DELIVERED
THE FOLLOWING:
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W.P.(C) No.45811/2024
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N. NAGARESH, J.
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W.P.(C) No.45811 of 2024
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Dated this the 28th day of February, 2025
JUDGMENT
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The petitioner, who is an applicant in the Entrance
Examination for admission to Three Year LLB Course, 2024, is
before this Court seeking to declare that denial of admission to
the petitioner in Government Law College,
Thiruvananthapuram in the seat reserved for Ezhava candidate
in the first round stray vacancy allotment is illegal.
2. The petitioner appeared in the Entrance Examination
for the Three Year LLB Course, 2024. The petitioner's rank was
301 in the Entrance Examination. In the categorywise list of
Ezhava community, the petitioner's rank is 45. Allotment of
seats is by Centralised Allotment Process (CAP) through online.
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3. The petitioner had submitted her option with following
priority:
1. TVL-Government Law College,
Thiruvananthapuram.
2. EKL-Government Law College, Ernakulam.
3. TCL- Government Law College, Thrissur.
4. KKL-Government Law College, Kozhikode.
In the First Phase Allotment Process, the petitioner got
admission in Government Law College, Thrissur in a seat
reserved for Ezhava candidates. The petitioner joined the
College on 17.10.2024 and remitted the fees.
4. The petitioner states that she was not in a position to
continue her studies in Thrissur. There was no hostel facility in
the College. The petitioner is a survivor in a rape case and she
is not in good terms with her husband and is living separately.
The petitioner has no children and her parents are no more.
5. The Prospectus specifically provided that if a
candidate does not join the College pursuant to allotment, the
candidate would lose the allotment as well as all the existing
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options. Therefore, the petitioner joined the Government Law
College, Thrissur. The petitioner thereafter participated in the
Second Phase Allotment but, could not procure a seat in
Government Law College, Thiruvananthapuram, which is her
first option.
6. As per Clause 18(19) of the Prospectus, candidates
who have already joined the Colleges through the First or
Second Phase Allotment can also participate in the vacant seat
allotment by registering fresh options. The petitioner paid
requisite fee and submitted fresh option on 08.11.2024 giving
Government Law College, Thiruvananthapuram as the first
option. The petitioner could not procure admission in
Government Law College, Thiruvananthapuram.
7. The petitioner was expecting stray vacancy allotment
of Government Law College, Thiruvananthapuram. The
Assistant Commissioner for Entrance Examinations informed
the petitioner that she can be considered for stray vacancy
allotment only if she relinquishes the admission already
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obtained. Therefore, the petitioner surrendered the admission
she got in Government Law College, Thrissur. However, she
was not given the seat available in Government Law College,
Thiruvananthapuram in the Ezhava quota. Instead, rank No.50
in the category of Ezhava, was given admission. The petitioner
states that she being rank No.45, the seat should have been
allotted to her.
8. The petitioner submitted a representation to which
the 3rd respondent stated that the petitioner was not considered
for the first round stray vacancy allotment since she had already
got an admission in another College. The petitioner states that
denial of admission to the petitioner in the first round stray
vacancy allotment is illegal and arbitrary.
9. I have heard the learned counsel for the petitioner,
the learned Government Pleader representing respondents 1 to
3 and the learned counsel appearing for the additional 4 th
respondent.
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10. The petitioner is aggrieved by the non-allotment of
stray vacancy to the petitioner. The petitioner pursuant to first
round of allotment joined the Government Law College, Thrissur
on 17.10.2024 and remitted the required fees. As per Ext.P15
Notification relating to admission to Three Year LLB Course,
2024, first round stray vacancy allotment published, it is one of
the general conditions that those who have vacated the seat
after 11.11.2024 1.00 pm will not be eligible for stray vacancy
round allotments even if they have registered options in the
vacant seat allotment process.
11. The petitioner vacated the seat in Government Law
College, Thrissur only on 26.11.2024 obtaining Transfer
Certificate. As on 11.11.2024, the petitioner stood admitted in
the Government Law College, Thrissur. In the circumstances,
the petitioner could not have been allotted any seat in the first
round stray vacancy allotment in view of the condition
prescribed in Ext.P15 Notification.
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Therefore, I find no reason to interfere in the
allotment process on any of the grounds urged by the petitioner.
The writ petition is therefore dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/24.02.2025
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APPENDIX OF WP(C) 45811/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE ADMIT CARD ISSUED BY
THE 3RD RESPONDENT DATED 13..08..2024
Exhibit P2 TRUE COPY OF THE PROSPECTUS FOR
ADMISSION TO THREE YEAR LLB PROGRAMME,
KERALA 2024-25 ISSUED ALONG WITH GO
(MS) NO.452/2024/HEDN. DATED
25..07..2024
Exhibit P3 TRUE COPY OF THE CANDIDATE'S DATA SHEET
OF THE PETITIONER
Exhibit P4 TRUE COPY OF THE CATEGORY WISE LIST OF
EZHAVA COMMUNITY DATED 12..09..2024
ISSUED BY THE 3RD RESPONDENT
Exhibit P5 TRUE COPY OF THE OPTION LIST SUBMITTED
BY THE PETITIONER
Exhibit P6 TRUE COPY OF THE FIRST PHASE ALLOTMENT
DETAILS OF THE PETITIONER DATED
11..10..2024
Exhibit P7 TRUE COPY OF THE SECOND PHASE ALLOTMENT
DETAILS OF THE PETITIONER DATED
24..10..2024 ISSUED BY THE 3RD
RESPONDENT
Exhibit P8 TRUE COPY OF THE NOTIFICATION DATED
07..11..2024 ISSUED BY THE 3RD
RESPONDENT
Exhibit P9 TRUE COPY OF THE OPTION LIST SUBMITTED
BY THE PETITIONER FOR THE VACANT SEAT
ALLOTMENT
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Exhibit P10 TRUE COPY OF THE VACANCY FILLING
ALLOTMENT DATED 15..11..2024 PUBLISHED
BY THE 3RD RESPONDENT
Exhibit P11 TRUE COPY OF THE TRANSFER CERTIFICATE
DATED 26..11..2024I ISSUED BY THE
PRINCIPAL-IN-CHARGE, GOVERNMENT LAW
COLLEGE, THRISSUR
Exhibit P12 TRUE COPY OF FIRST ROUND STRAY VACANCY
ALLOTMENT LIST PUBLISHED BY THE 3RD
RESPONDENT ON 22..11..2024
Exhibit P13 TRUE COPY OF THE REPLY DATED
10..12..2024 ISSUED BY THE 3RD
RESPONDENT TO THE PRIVATE SECRETARY OF
THE MINISTER FOR HIGHER EDUCATION
Exhibit P14 TRUE COPY OF THE NOTIFICATION DATED
21..11..2024 ISSUED BY THE 3RD
RESPONDENT
Exhibit P15 TRUE COPY OF THE NOTIFICATION DATED
22..11..2024 ISSUED BY THE 3RD
RESPONDENT
