Rishijith Krishna vs Cochin University Of Science & ...
2025 Latest Caselaw 2155 Ker

Kerala High Court

Rishijith Krishna vs Cochin University Of Science & ... on 10 January, 2025

Author: N.Nagaresh

Bench: N.Nagaresh

                                                2025:KER:1789

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

              THE HONOURABLE MR.JUSTICE N.NAGARESH

 FRIDAY, THE 10TH DAY OF JANUARY 2025 / 20TH POUSHA, 1946

                    WP(C) NO. 41420 OF 2024

PETITIONER:

         RISHIJITH KRISHNA,
         AGED 18 YEARS,
         S/O ADV. AJITH MURALI, RISHIKESHAM,
         HOUSE NO. 248, GCRA - B BLOCK,
         CHANGAMPUZHA NAGAR P.O.,
         PATHADIPPALAM,
         ERNAKULAM DISTRICT, PIN - 682033

         BY ADVS.
         SRI.K.JAJU BABU (SR.)
         SRI.C.S.MANILAL
         SRI.K.V.ANIL KUMAR


RESPONDENTS:

    1    COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY (CUSAT)
         REPRESENTED BY ITS VICE CHANCELLOR,
         COCHIN UNIVERSITY P.O.,
         COCHIN, PIN - 682022

    2    THE REGISTRAR,
         COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY
         (CUSAT), COCHIN UNIVERSITY P.O.,
         COCHIN, PIN - 682022

    3    DIRECTOR (DOA),
         DIRECTORATE OF ADMISSION,
         COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY
         (CUSAT), COCHIN UNIVERSITY P.O.,
         COCHIN, PIN - 682022
                                                2025:KER:1789
W.P.(C) No.41420/2024
                             :2:

     4     HON. DIRECTOR,
           PROF. N R MADHAVA MEMON
           INTERDISCIPLINARY CENTRE FOR
           REASEARCH ETHICS AND PROTOCOLS,
           CUSAT, PIN - 682022

 *ADDL.5 NAJIH PULLANI,
         AGED 19 YEARS,
         S/O. ABDUL GAFOOR PULLANI,
         PULLANI HOUSE,
         OTHUKKUNGAL P.O.,
         MALAPPURAM DISTRICT,
         PIN-676525

           *(ADDITIONAL 5TH RESPONDENT IS IMPLEADED AS PER
           THE ORDER DATED 16.12.2024 IN IA NO.1/2024 IN
           WP(C) 41420/2024 )

           BY ADVS.
           SRI.S.P.ARAVINDAKSHAN PILLAY, SC
           SRI.DINESH MATHEW J.MURICKEN
           SRI.MOHAMMED THAYIB N.M.
           SMT.NAYANA VARGHESE
           SMT.RIA VARGHESE
           SRI.JERRY PETER
           SRI.SANGEETH P. SATYAN


     THIS WRIT PETITION      (CIVIL) HAVING COME UP      FOR
ADMISSION ON 10.01.2025,     THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
                                                        2025:KER:1789
W.P.(C) No.41420/2024
                                 :3:




                             JUDGMENT

Dated this the 10th day of January, 2025

The petitioner has filed this writ petition seeking the

following reliefs:

"i) To set aside Ext.P10 letter issued by the 2 nd respondent-University.

ii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to fill the existing vacancies of B.Sc Computer Science LLB Course by admitting to the petitioner.

iii) To declare that the petitioner is an eligible candidate to get admission in B.Sc Computer science LLB Course in the year 2024-2025.

iv) To issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to give admission in B.Sc Computer Science LLB Course in the year 2024-2025."

2. When this writ petition came up for admission

on 25.11.2024, this Court passed an interim order directing the

University to grant admission to the petitioner, if the two seats

referred are vacant and to permit the petitioner to pursue the 2025:KER:1789

Course, provisionally. It is submitted that pursuant to the said

direction, admission has been granted to the petitioner.

3. Standing Counsel entered appearance and

resisted the writ petition filing counter affidavit on behalf of

respondents 1 to 4. It is submitted that as the time schedule

fixed for admission of students is over, no interim or final orders

can be passed by this Court thereafter directing admission of

students, as it will adversely affect the quality of education.

4. I find that at the time of passing of interim

order, two seats were vacant and taking into consideration the

entire facts of the case, the interim order was passed and the

petitioner was admitted. On the facts of the case, in the interest

of justice, it would be appropriate that the admission granted to

the petitioner pursuant to the interim order dated 25.11.2024 is

regularised, if it is otherwise in order and if the petitioner

satisfies all other parameters.

5. Additional 5th respondent submitted that he

has a better claim than the petitioner and therefore grant of 2025:KER:1789

admission to the petitioner overlooking the claim of the 5 th

respondent is unsustainable. It is to be noted that the petitioner

approached this Court promptly at the time of filling up of the

stray vacancy seats. The 5th respondent did not approach this

Court at the right time. Therefore, the 5 th respondent, after the

commencement of the Course, cannot now take a ground that

he has a superior claim.

In view of the peculiar circumstances, the writ petition

is disposed of confirming the interim order dated 25.11.2024

and directing respondents 1 to 4 to regularise the admission of

the petitioner, if the petitioner satisfies all other parameters.

Sd/-

N. NAGARESH JUDGE SR 2025:KER:1789

APPENDIX OF WP(C) 41420/2024

PETITIONER'S EXHIBITS:

Exhibit-P1 THE TRUE COPY OF THE PROVISIONAL ADMITS CARD ISSUED BY THE RESPONDENT UNIVERSITY.

Exhibit-P2 A TRUE COPY OF THE ALLOTMENT/ADMISSION STATUS OF THE PETITIONER ISSUED FROM THE UNIVERSITY.

Exhibit-P3 A TRUE COPY OF THE CASTE CERTIFICATE DATED 24.05.2024 ISSUED FROM THE VILLAGE OFFICER, THRIKKAKKARA NORTH VILLAGE OFFICE.

Exhibit-P4 A TRUE COPY OF THE NON-CREAMY CERTIFICATE DATED 25.05.2024 ISSUED BY THE VILLAGE OFFICER, THRIKKAKARA NORTH VILLAGE.

Exhibit-P5 A TRUE COPY OF THE REQUEST DATED 08.10.2024 BEFORE THE 2ND RESPONDENT UNIVERSITY.

Exhibit-P6 A TRUE COPY OF THE INTERIM ORDER IN W.P.(C) NO.34324/2024 DATED 09.10.2024 OF THIS HONORABLE COURT.

Exhibit-P7 A TRUE COPY OF THE LIST OF REGISTERED CANDIDATE FOR SPOT ADMISSION DATED 15.10.2024 PUBLISHED BY THE 4TH RESPONDENT.

Exhibit-P8 A TRUE COPY OF THE JUDGMENT DATED 28.10.2024 IN W.P.(C)NO.35697 OF 2024 OF THIS HONORABLE COURT.

Exhibit-P9 A TRUE COPY OF THE REQUEST DATED 01.11.2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit-P10 A TRUE COPY OF THE REJECTION LETTER 2025:KER:1789

DATED 19.11.2024 ISSUED BY THE 2ND RESPONDENT THROUGH MAIL.

Exhibit-P11 A TRUE COPY OF THE JUDGMENT DATED 10.10.2019 IN W.P.C NO.25341/2019 OF THIS HONORABLE COURT.

Exhibit-P12 A true copy of the provisional admits card issued by the 3rd respondent dated 28.11.2024.

Exhibit-P13 A true copy of the receipt issued by the 2nd respondent dated 03.12.2024.

RESPONDENTS' EXHIBITS:

Exhibit R2(a) A true copy the notification No.Ac.B4/2985/3/90 dated 17.02.1992

Exhibit R2(b) a true copy of the detailed status report on the admission to BSc.LL.B (Hons) (Computer Science) Programme prepared by the 3rd respondent and submitted to the University as per letter No.ICREP/CAT-24/2024/126 dated 05.12.2024 along with the status report

Exhibit R2(c) A true copy of the relevant page of the Admission Prospectus-2024 issued by the University

Exhibit R2(d) A true copy of order No.CUSAT/AC(A).A3/ 5536/2023 dated 26.12.2023 along with the relevant page of the BSc.Computer Science LL.B(Honours) Programme Scheme and Syllabus

Exhibit R2(e) A true copy of the relevant portion of the prospectus for Admissions, 2024 in the University

Exhibit R5(a) The true copy of the provisional admit card issued by the 3rd respondent 2025:KER:1789

Exhibit R5(b) The true copy of the relevant part of the provisional rank list published by the 3rd respondent

Exhibit R5(c)(i) The true copy of CAT-2024 - First Spot Admission - Notice issued by the 4th respondent dated 05.07.2024

Exhibit R5(c)(ii) The true copy of CAT-2024 - Second Spot Admission - Notice issued by the 4th respondent dated 09.07.2024

Exhibit R5(c)(iii) The true copy of CAT-2024 - Third Spot Admission - Notice issued by the 4th respondent dated 15.07.2024

Exhibit R5(c)(iv) he true copy of CAT-2024 - Fourth Spot Admission - Notice issued by the 4th respondent dated 23.07.2024

Exhibit R5(c)(v) The true copy of CAT-2024 - 5th Spot Admission - Notice issued by the 4th respondent dated 30.07.2024

Exhibit R5(c)(vi) The true copy of CAT-2024 - 6th Spot Admission - Notice issued by the 4th respondent dated 05.08.2024

Exhibit R5(c)(vii) The true copy of CAT-2024 - 7th Spot Admission - Notice issued by the 4th respondent dated 06.09.2024

Exhibit R5(c) The true copy of CAT-2024 - 8th Spot

(viii) Admission - Notice issued by the 4th respondent dated 10.10.2024

Exhibit R5(d) The true copy of the List of Candidate registered for Spot Admission on 10.09.2024 published by the 4th respondent

Exhibit R5(e) he true copy of the List of Candidate registered for Spot Admission on 15.10.2024 published by the 4th respondent 2025:KER:1789

Exhibit R5(f) The true copy of the representation submitted by me before the 3rd respondent dated 29.11.2024

Exhibit R5(g) The true copy of the representation submitted by me before the 1st respondent dated 28.11.2024

Exhibit R5(h) The true copy of the communication sent by the 3rd respondent dated 02.12.2024.