This review petition allowed the recall of an interim order in an education admission dispute, relying on a precedent where a petitioner's entitlement was preserved on similar facts.
Review petition allowed; interim order dated 18.12.2015 recalled.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
FRIDAY, THE 29TH DAY OF JANUARY 2016/9TH MAGHA, 1937
RP.No. 17 of 2016 () IN WP(C).36112/2015
AGAINST THE ORDER IN WP(C) NO.36112/2015 OF HIGH COURT OF KERALA DATED 18-12-2015
REVIEW PETITIONER/2ND RESPONDENT:
SREE CHITRA THIRUNAL COLLEGE OF ENGINEERING PAPPANAMCODE, THIRUVANANTHAPURAM-695 018 REPRESENTED BY ITS PRINCIPAL.
BY ADV. SRI.BABU JOSEPH KURUVATHAZHA, SC
RESPONDENTS/PETITIONER & 1ST RESPONDENT:
1. DHANUSHA P.B. "SHYAMAL", SNRA-68, POOJAPURA P.O. THIRUVANANTHAPURAM-695 012.
2. STATE OF KERALA REPRESENTED BY THE SECRETARY HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695 001.
BY GOVERNMENT PLEADER M.A. FAYAZ BY SRI.K.T.POULOSE (KORATTY)
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 29-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP.No. 17 of 2016 () IN WP(C).36112/2015
APPENDIX
REVIEW PETITIONER'S EXHIBITS :-
ANNEXURE-A - COPY OF THE ORDER DATED 18.12.2015 IN WP[C] NO. 38669/2015 OF THIS COURT. ANNEXURE-B - COPY OF THE RELEVANT PORTION OF THE NOTIFICATION DATED 05.03.2010 ISSUED BY THE AICTE, PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARY.
RESPONDENTS' EXHIBITS:- NIL
//TRUE COPY//
P.A. TO JUDGE
sp
K. VINOD CHANDRAN, J.
----------------------------------
R.P. No.17 of 2016 In W.P(C). No.36112 of 2015-L
---------------------------------Dated this the 29th day of January, 2016
O R D E R
The review petition is allowed, in so far as
in a similar case, this Court had passed Annexure-A order, by which the petitioner's entitlement therein was preserved dehors the fact that the list had expired. The petitioner in the writ petition, from which the review petition arises, is also similarly placed.
Hence, the review petition is allowed, re-
calling the interim order dated 18.12.2015.
Sd/-
K. VINOD CHANDRAN, JUDGE.
//True Copy//
P.A. to Judge.
sp/29/01/16
2 issues framed by the court
Whether to allow the review petition recalling the interim pending order.
Whether the petitioner is similarly placed to a respondent in a similar case where entitlement was preserved.
Sree Chitra Thirunal College of Engineering Pappanamcode
Dhanusha P.B. "Shyamal"
State of Kerala
K. Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
