Petitioner challenging denial of admission despite higher rank vs. SC candidate ranked lower admitted under reservation quota created post-interview.
Petitioner allowed to proceed no further; University directed to consider providing one more seat.
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 SMT. JUSTICE P.V.ASHA
MONDAY, THE 03RD DAY OF JUNE 2019 / 13TH JYAISHTA, 1941
WP(C).No.32843 of 2018
PETITIONER/S:
RESHMA REGHU AGED 25 YEARS SURYAGAYATHRI, AMMANATH HOUSE, EDAKKULAM, THANGALOOR P.O., THRISSUR, PIN - 680 596.
BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY
SRI.N.SANTHA SRI.K.A.BALAN SRI.V.VARGHEESE SRI.ANAND.S.A ANNAPOORNA.L
RESPONDENT/S:
1 KERALA AGRICULTURAL UNIVERSITY VELLANIKKARA, THRISSUR, PIN - 680656, REPRESENTED BY ITS REGISTRAR.
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6 AMRUTHA UNNI M, PH.D SCHOLAR, DEPARTMENT OF PLANT BREEDING AND GENETICS, COLLEGE OF AGRICULTURE, VELLAYANI, THIRUVANANTHAPURAM, PIN 695 522.
BY ADVS. SRI.M.G.SREEJITH SRI.ROBSON PAUL, SC, KERALA AGRICULTURAL UNIVERSITY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner, who was included in the rank list for the Ph.D Programme in the discipline Plant Breeding and Genetics in the Kerala Agricultural University ('the University' for short) has filed this Writ Petition aggrieved by the denial of admission to her, while granting admission to the 6th respondent who was ranked below her.
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the next year. In Ext P8 prospectus for the year 2017-18 reservation was made applicable to the disciplines Plant Physiology, Plant Breeding and Genetics, Soil Science and Agricultural chemistry, Micro Biology and Biotechnology; reservation was not made applicable to those disciplines in the Ext P7 prospectus for 2016-17. Therefore it is the contention of the petitioner that reservation cannot be granted for the discipline again in 2018-19. It is also her case that in Ext P4 prospectus for the year 2018-19 Plant Breeding and Genetics is not included in the list of PG disciplines eligible for reservation. However the 6th respondent who was rank number 8 and belonging to SC community was given admission overlooking the petitioner. It is in the above circumstances, petitioner filed this Writ Petition challenging the same.
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prospectus for admission to Professional Degree courses in the State, which provides for reservation and points out that going by the provisions in Ext P4 prospectus reservation should have been given to various communities also, as given in clause 4.1.5 which deals with mandatory reservation. Therefore it is stated that petitioner being a candidate belonging to Ezhuthachan community is entitled to reservation in accordance with the rules followed in Kerala. It is also stated that when the University invited applications against 62 seats, reservation was notified only for 4 disciplines and going by 10% reservation, it should have been in 6 disciplines.
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can be given admission. Therefore, according to them there is no illegality in the admission of 4th respondent.
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arisen only subsequent to Ext P5 decision of the academic council enhancing the seats from 4 to 6.
However the University shall consider whether one more seat can be provided for the Ph. D programme in order to accommodate the petitioner.
Accordingly, this writ petition is disposed of.
Sd/-
P.V.ASHA
JUDGE
rpk/ww
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APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE C1/2018/101/7197 THE UNIVERSITY |
NOTIFICATION NO ACAD DATED 31-05-2018 ISSUED BY |
|---|---|---|
| EXHIBIT P2 | TRUE COPY OF THE NOTIFICATION NO. DATED 23-08-2018, ELIGIBLE CANDIDAT THE UNIVERSITY |
INTERVIEW ANNOUNCEMENT ACAD.C1/2018/101/40004 ALONG WITH THE LIST OF ES FOR INTERVIEW ISSUED BY |
| EXHIBIT P3 | TRUE COPY OF THE C1/2018/101/40004 THE PROVISIONAL R VARIOUS DOCTORAL THE LIST OF CANDI |
NOTIFICATION NO. ACAD. DATED 01-0-2018 PUBLISHED ANK LIST FOR ADMISSION TO PROGRAMMES 2018 ALONG WITH DATES |
| EXHIBIT P4 | TRUE COPY OF THE GRADUATE PROGRAMM THE UNIVEERSITY |
PROSPECTUS FOR POST E, 2018-19, PUBLISHED BY |
| EXHIBIT P5 | TRUE COPY OF THE COUNCIL OF THE UN MEETING , HELD ON |
AGENDA OF THE ACADEMIC IVERSITY, IN ITS 132ND 28-09-2013. |
| EXHIBIT P6 | TRUE COPY OF THE PROGRAMMES 2015-1 |
PROSPECTUS FOR PG 6 |
| EXHIBIT P7 | TRUE COPY OF THE | PROSPECTUS FOR 2016-17 |
| EXHIBIT P8 | TRUE COPY OF THE | PROSPECTUS FOR 2017-18 |
| EXHIBIT P9 | TRUE COPY OF THE BY THE PETITIONER PERSON VIZ. ARUN RESPONDENT VICE C |
REPRESENTATION SUBMITTED AND SIMILARLY PLACED CHACKO BEFORE THE 2ND HANCELLOR |
3 issues framed by the court
Whether the university can grant reservation to SC/ST candidates when no reservation was notified for the specific discipline in the prospectus.
Whether the petitioner is entitled to further relief after the writ petition is disposed of.
Whether admission was correctly granted to an SC candidate belonging to a lower rank in a discipline with reserved seats created after the interview.
RESHMA REGHU AGED 25 YEARS
KERALA AGRICULTURAL UNIVERSITY
VINEET UNNI M
REGISTRAR OF KERALA AGRICULTURAL UNIVERSITY
DEAN FACULTY OF AGRICULTURE
DIRECTOR OF ACADEMICS AND PG STUDIES
P.V. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
