Court directed Commissioner for Entrance Examinations to consider petitioner's pending representation for fee relaxation under G.O. No.2497/2016, referencing earlier judgment Ext.P8 and new income certificate, within one month.
Direction to 3rd respondent to consider Ext.P5 representation, Ext.P2 income certificate, and Ext.P8 judgment within one month.
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
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 2ND DAY OF APRIL 2018 / 12TH CHAITHRA, 1940
WP(C).No. 5067 of 2018
PETITIONER(S)
SHERIN M, AGED 20 YEARS, D/O. MUHAMMED BASHA U., 2ND YEAR STUDENT OF BDS COURSE, ROLL NO. 205946., P.S.M. COLLEGE DENTAL SCIENCE & RESEARCH, BYPASS ROAD, AKKIKAVU P.O., THRISSUR. PERMANENT ADDRESS- ZAMZAM MANZIL, CHEENICODE STREET, MELARCODE P.O., PALAKKAD.
BY ADV.SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM, PIN-695 001.
3. THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, 5TH FLOOR, HOUSING BOARD BUILDINGS, SANTHINAGAR, THIRUVANANTHAPURAM-695 001.
4. THE PRINCIPAL, P.S.M. COLLEGE OF DENTAL SCIENCE & RESEARCH, BYPASS ROAD, AKKIKAVU, THRISSUR-680519.
R1 TO R3 BY SENIOR GOVERNMENT PLEADER SRI.P.M.MANOJ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-04-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
TS
WP(C).No. 5067 of 2018 (G) -------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE COMMUNICATION DATED 19/01/2018 OBTAINED UNDER THE RIGHT TO INFORMATION ACT FROM THE OFFICE OF THE 3RD RESPONDENT. EXHIBIT P2 TRUE COPY OF THE INCOME CERTIFICATE DATED 24/07/2017 ISSUED BY THE VILLAGE OFFICER, MELARCODE. EXHIBIT P3 TRUE COPY OF THE PURCHASE CERTIFICATE NO. 615/1972 DATED 14/08/1972. EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED 21/01/2017 ISSUED BY THE MANAGER THE SOUTH INDIAN BANK LTD., EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 21/12/2017 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXHIBIT P6 TRUE COPY OF THE BONAFIDE CERTIFICATE DATED 19/10/2016. EXHIBIT P7 TRUE COPY OF THE LIST OF CANDIDATES SELECTED FOR FEE CONCESSION DATED 04/12/2017. EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN W.P.C.NO. 30765/2015 OF THE HON'BLE COURT DATED 22/08/2016. RESPONDENT(S)' EXHIBITS - NIL
/TRUE COPY/
PS TO JUDGE
TS 04/04/2018
SHAJI P.CHALY, J.
W.P.(C).No.5067 of 2018
Dated this the 2nd day of April, 2018
J U D G ME N T
Petitioner is a student of BDS course in the 4th respondent's College. Petitioner secured admission in the college under merit quota as Rank No.6844 through the allotment process conducted by the 3rd respondent herein during the academic year 2016-17. According to the petitioner, petitioner belongs to socially and economically backward community category and she is eligible for fee relaxation as per G.O.(Rt)No.2497/2016/H & FWD, dated 6.9.2016. However, the name of the petitioner is not included in the list of students for fee relaxation prepared by the 3rd respondent for the aforesaid year, since the annual family income of the petitioner was higher than the eligibility benchmark. According to the petitioner, the annual income certificate was issued incorrectly and therefore, petitioner reapplied for the same and got an another one, which is in
W.P.(C).No.5067 of 2018 : 2 :
commensurate with the benchmark fixed by the State Government as per the Government Order referred to above. Anyhow, in order to ventilate the grievance of the petitioner, not being considered as per the aforesaid G.O., the petitioner has submitted Ext.P5 representation before the 3rd respondent, which is pending consideration. According to the petitioner, under similar circumstances, this Court has rendered Ext.P8 judgment in respect of the same college. Therefore, according to the learned counsel, petitioner is also entitled to get the same consideration.
W.P.(C).No.5067 of 2018
: 3 :
copy of this judgment. Petitioner shall also produce a copy of this writ petition along with the documents before the 3rd respondent.
The writ petition is disposed of accordingly.
Sd/-
SHAJI P.CHALY JUDGE
Bb/3/4/2018
[True copy]
P.A to Judge
2 issues framed by the court
Whether petitioner is entitled to fee relaxation under the State Government Order despite initial income certificate issues?
Whether Commissioner for Entrance Examinations should consider pending representation in light of prior judicial pronouncement?
Colour shows how this judgement treated each authority
Hon'ble Court judgment dated 22/08/2016Relied on¶27
W.P.C.No. 30765/2015
2 provisions across 2 enactments
Sherin M
The State of Kerala
The Director of Medical Education
The Commissioner for Entrance Examinations
The Principal, P.S.M. College of Dental Science & Research
Shaji P.Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Shaji P.Chaly
Parties & counsel
