The High Court dismissed writ appeals filed by the State challenging a lower court's stay on LLM admissions. The court held that since the revaluation results were already declared, the legal issues became academic and the appeals infructuous.
The writ appeals were dismissed as infructuous.
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 THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
MONDAY, THE 21ST DAY OF MARCH 2016/1ST CHAITHRA, 1938
WA. No.493 of 2016 (K) IN WP(C).4709/2016
AGAINST THE ORDER/JUDGMENT IN WP(C) 4709/2016 OF HIGH COURT OF KERALA DATED 15-02-2016.
APPELLANT(S)RESPONDENTS 3 & 4 IN W.P.(C):
1. THE COMMISSIONER FOR ENTRANCE EXAMINATION, THIRUVANANTHAPURAM.
2. GOVERNMENT LAW COLLEGE, KOZHIKODE, REPRESENTED BY ITS PRINCIPAL.
BY SENIOR GOVERNMENT PLEADER SRI.C.R.SYAM KUMAR
RESPONDENT(S)RESPONDENTS 1,2 & PETITIONERS IN W.P(C):
1. UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR, THENHIPPALAM MALAPPURAM-676505.
2. THE CONTROLLER OF EXAMINATIONS, UNIVERSITY OF CAMPUS, THENHIPPALAM, MALAPPURAM-676505.
3. FAHMIDA SHERIN P.P, D/O P.P.SAIDALAVI, P.P.HOUSE, PRADEEKSHA GARDENS, PATHAYIKKARA.P.O, PERINTHALMANNA, MALAPPURAM DISTRICT, PIN-679322.
R3 BY ADVS. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.K.A.NOUSHAD SRI.VINOY VARGHESE SRI.MITHUN BABY JOHN BY SRI.SANTHOSH MATHEW, SC, CALICUT UNIVERSITY
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21-03-2016, ALONG WITH WA. 521/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
KRJ
ASHOK BHUSHAN, C.J & A.M.SHAFFIQUE, J
= = = = = = = = = = = = = = = = =
W.A Nos.493 & 521 of 2016
= = = = = = = = = = = = = = = = = = Dated this the 21st day of March, 2016
JUDGMENT
Ashok Bhushan, CJ
These writ appeals were filed by the State against the judgment on 15.2.2016 by which the learned Single Judge has directed on the writ petition filed by the 3rd respondent to give sufficient time by the College authorities and the Commissioner of Entrance Examinations to produce their mark list/degree certificate. The learned Single Judge observed that admission of LLM Course would be subject to the result of revaluation. The State aggrieved by the direction by which, admission was stayed subject to the result of the revaluation has come up in appeal.
-:2:-
Was.493&521/16
counsel for the University submits that revaluation result of the
writ petitioners have already been declared. In view of the
declaration of the result, as informed, we are of the view that issues raised in the writ appeal have become academic and the writ appeals have virtually become infructuous.
Recording the said submission, the writ appeals are
dismissed as infructuous.
Sd/-
ASHOK BHUSHAN CHIEF JUSTICE
Sd/-
A.M.SHAFFIQUE JUDGE
krj.21/3/16
//true copy//
P.A to Judge
2 issues framed by the court
Whether writ appeals filed by the State challenging the stay on LLM admissions are maintainable.
Whether the writ appeals have become infructuous due to the declaration of the revaluation result.
The Commissioner for Entrance Examination, Thiruvananthapuram
Government Law College, Kozhikode
University of Calicut
Fahmida Sherin P.P
Ashok Bhushan
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
