Dismissed

Syamaprasad T.V (Minor) v. Secretary, Department of Higher Educatio

Kerala HC6 Jun 2011WP(C)/13523/2011

Case brief

AI extract

What is this about?

This Court dismissed a writ petition filed by six minors seeking mandamus to conduct AIEEE 2011 with notice and redress their inability to appear for earlier dates due to other entrance exams. The Court held the petition was devoid of merit or bona fides.

What did the court decide?

Writ petition dismissed; relief sought denied as devoid of merit and bona fides.

Syamaprasad T.V (Minor) Vs Secretary, Department of… — Education and Admissions | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON

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MONDAY, THE 6TH JUNE 2011 / 16TH JYAISHTA 1933

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WP(C).No. 13523 of 2011(M)

PETITIONER(S):

SYAMAPRASAD T.V. (MINOR), S/O.VINAYAKUMAR P.K., AGED 17 YEARS, THACHETHUKUNNIL HOUSE, KODUVAZHANGA, NEERIKODE, KERALA-683511, REP. BY HIS FATHER VINAYAKUMAR P.K.

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JASNA HABEEB (MINOR), D/O.N.HABEEB, AGED 17 YEARS, NEDIYAVILAYIL HOUSE, CHOONNAKARA SOUTH, CHARUMMOODU P.O., ALAPPUZHA-690505, REP. BY HER FATHER N.HABEEB.

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UNNIMAYA A.S. (MINOR), D/O.A.G.SREEKUMAR, AGED 17 YEARS, ALINGAL HOUSE, VADUTHALA, ERNAKULAM-682023, REP. BY HIS FATHER A.G.SREEKUMAR.

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SAMEERA RAJU (MINOR), D/O.LATE V.M.VARGHESE, AGED 17 YEARS, CMR DALE, CHALAYIL ROAD, NOCHIMA, NAD P.O., ALWEYE-683563, REP. BY HER MOTHER KOCHURANI.

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DELPHI SEBASTIAN (MINOR), D/O.A.T.SEBASTIAN, AGED 17 YEARS, ANJIPARAMBIL HOUSE, UDAYATHIN VADIL, PANANGAD, ERNAKULAM-682506, REP. BY HER FATHER A.T.SEBASTIAN.

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SEEMA THOMAS (MINOR), D/O.P.J.THOMAS, AGED 17 YEARS, THAITHARAMALIYIL HOUSE, KADAVANTHARA, THOTTUNGATHARA ROAD, COCHIN-682020, REP. BY HER FATHER P.J.THOMAS.

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BY ADV. SRI.N.NAGARESH

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SRI.SHAJI THOMAS PORKKATTIL SRI.BINU PAUL SRI.T.V.VINU

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WP(C).No. 13523 of 2011

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RESPONDENT(S):

SECRETARY, DEPARTMENT OF HIGHER EDUCATION, MINISTRY OF HUMAN RESOURCE DEVELOPMENT, GOVT. OF INDIA, SHASTRI BHAWAN, NEW DELHI-110001.

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CENTRAL BOARD OF SECONDARY EDUCATION, ALL INDIA ENGINEERING ENTRANCE EXAMINATION UNIT, PS 1-2, INSTITUTIONAL AREA, IP EXTENSION, PATPARGANJ, DELHI-110092, REP. BY ITS DIRECTOR (SPECIAL EXAMINATIONS).

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ASSISTANT SECRETARY (AIEEE UNIT), CENTRALM BOARD OF SECONDARY EDUCATION, PS 1-2, INSTITUTIONAL AREA,

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IP EXTENSION, PATPARGANJ, DELHI-110092.

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PRINCIPAL,

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CHINMAYA VIDYALAYA, VADUTHALA, KOCHI-682023.

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ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA FOR R1 SC SRI. DEVAN RAMACHANDRAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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P.R.RAMACHANDRA MENON, J

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W.P.(C).13523/2011

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.............................................. Dated this the 6^th day of June, 2011

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JUDGMENT

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Petitioners have approached this Court with the following

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prayers:-

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(i). Issue a writ of mandamus, or any other writ, order or direction commanding respondents 2 and 3 to conduct All India Engineering Entrance Examinations - 2011 for the petitioners with proper notice and clear instructions

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(ii). Issue a writ of Mandamus or any other writ, order or direction commanding the 3^rd respondent to take expeditious action on Ext.P5 submitted by the 1^st petitioner.

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The learned Standing Counsel appearing for the respondents submits that the Examinations have been conducted, in terms of the interim order passed by the Apex Court on 26.5.2011 in the concerned case, on declining the relief sought for by the concerned petitioners to dispense with the Examinations proposed to be held. It is stated that the results

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W.P.(C).13523/11

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have already been published. Further, the case of the petitioners is that they were not permitted to participate in the Examination by the concerned respondents on the subsequent dates, in support of which, Ext.P5 representation preferred by the first petitioner has been produced (no such representation has been preferred by the other petitioners). The only reason stated in Ext.P5 is that the first petitioner was unable to appear for the AIEEE dated 1.5.2011 in Kochi, as he had to appear for the Armed Forces Medical College MBBS Entrance Exam - 2011 at Pune on the same date.

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After hearing both the sides, this Court finds that the writ petition is devoid of any merit or bona fides. Interference is declined and the same is dismissed accordingly.

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P.R.RAMACHANDRA MENON, Judge

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mrcs

Syamaprasad T.V (Minor) v. Secretary, Department of Higher Educatio

Case brief

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Syamaprasad T.V (Minor) v. Secretary, Department of Higher Educatio

Case brief

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