Disposed

Chandar Raju v. State of Kerala

Kerala HC16 Nov 2020WP(C)/19006/2020

Case brief

AI extract

What is this about?

The High Court disposed of two writ petitions filed by an LL.B candidate and an advocate regarding their eligibility for 10% seat enhancement in Government Law Colleges. The Court held that petitioners are entitled to participate in the allotment process alongside other eligible candidates.

What did the court decide?

Petitioners declared entitled to participate in allotment process for 10% seat enhancement if approved.

Chandar Raju Vs State of Kerala — Education and Admissions | Kerala HC (2020)

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WP(C).No.19006 OF 2020

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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MONDAY, THE 16TH DAY OF NOVEMBER 2020 / 25TH KARTHIKA, 1942

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WP(C).No.19006 OF 2020(A)

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PETITIONER/S:

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CHANDAR RAJU AGED 21 YEARS S/O.RAJU P.K., RESIDING AT CGNRA-6, KADAMASSERY LANE, VENNALA P.O., ERNAKULAM, KOCHI-682028.

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BY ADVS. SRI.THOMAS JOHN AMBOOKEN SRI.B.SAJEEV KUMAR SMT.BLOSSOM MATHEW

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, OFFICE OF THE COMMISSIONER OF ENTRANCE EXAMINATIONS, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-695001.

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3 THE REGISTRAR,MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, UNIVERSITY CAMPUS ROAD, ATHIRAMPUZHA, KOTTAYAM-686560.

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4 THE CONTROLLER OF EXAMINATIONS,MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, UNIVERSITY CAMPUS ROAD, ATHIRAMPUZHA, KOTTAYAM-686560.

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5 THE PRINCIPAL,GOVERNMENT LAW COLLEGE, ERNAKULAM, KOCHI-682011.

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R2 BY SRI.V.MANU, SENIOR GOVT. PLEADER R3 BY SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2020, ALONG WITH WP(C).23424/2020(C), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.19006 OF 2020

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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MONDAY, THE 16TH DAY OF NOVEMBER 2020 / 25TH KARTHIKA, 1942

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WP(C).No.23424 OF 2020(C)

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PETITIONER/S:

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MITHUL T.ANTO AGED 32 YEARS D/O ANTO T.P. AND W/O ADV. BITTO N.L. THANDIAKKAL HOUSE, KALLETTUMKKARA P.O.MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN-680 683.

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BY ADVS. SRI.T.A.SHAJI (SR.) SRI.JITHIN BABU A SRI.ARUN SAMUEL

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO THE GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

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2 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, 5TH FLOOR, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM, PIN-695 001.

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3 THE BAR COUNCIL OF INDIA REPRESENTED BY ITS SECRETARY, 21 ROUSE AVENUE, INSTITUTIONAL AREA, NEAR BAL BHAWAN, NEW DELHI, PIN-110 002.

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4 THE BAR COUNCIL OF KERALA, REPRESENTED BY ITS SECRETARY, NEAR HIGH COURT OF KERALA,PIN-682 031.

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5 THE PRINCIPAL, GOVERNMENT LAW COLLEGE, ERNAKULAM, PARK AVENUE RAOD, KOCHI, PIN-682 011.

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6 THE PRINCIPAL, GOVERNMENT LAW COLLEGE, THRISSUR, COLLEGE ROAD,

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WP(C).No.19006 OF 2020

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MADONA NAGAR, AYYANTHOLE, THRISSUR, PIN-680003.

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R4 BY ADV. SRI.PRANOY K.KOTTARAM

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OTHER PRESENT:

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SRGP.SRI.V.MANU SRI.RAJITH,SC,

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2020, ALONG WITH WP(C).19006/2020(A), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.19006 OF 2020

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JUDGMENT

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[ WP(C).19006/2020, WP(C).23424/2020 ]

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Dated this the 16^th day of November 2020

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WP(C) No.23424 of 2020 is filed pointing out that a

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proposal was made by the Bar Counsel of Kerala for enhancement of seats to the extent of 10% in the Government Law Colleges in Kerala and in the event of such enhancement the petitioner would be able to participate in the allotment for admission.

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The learned Government Pleader had made available the

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proposal submitted by the Principals of the Government Law Colleges, Thiruvananthapuram, Ernakulam and Thrissur for enhancement of seats pointing out that infrastructure facilities are available to accommodate additional seats of 10%. The Government had thereafter issued G.O(Rt) No.1337/2020/HEDN dated 27.10.2020 granting general permission to Principals of all Government Law Colleges to apply for 10% additional seats for three year and five year LLB courses during the current academic year as suggested by the Bar Council of India in their letter dated 23.09.2020, if sufficient infrastructure facilities available in the respective colleges. Pursuant to the letter the Principals of all these Colleges had addressed the Government pointing out the availability of infrastructure facility.

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Sri.Rajith, learned Standing Counsel for the Bar Council of India made available the letter dated 16.11.2020 addressing

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WP(C).No.19006 OF 2020

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the Principal, Government Law College, Thiruvananthapuram directing to deposit an amount of Rs.50,000/- for seeking increase of 10% additional seats of non Hons LL.B degree course (integrated/three year) and an amount of Rs.75,000/- for seeking 10% additional seats for each Hons degree course being run by the institution. In addition to that it was also required to deposit Rs.7 lacs as default fee and Rs.5 lacs as Guarantee fee for the admission made during 2014-2015 to 2017-2018.

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In the letter addressed to the Principal,Government Law College, Ernakulam it was directed to deposit an amount of Rs.50,000/- for seeking increase of 10% additional seats of an non Hons LL.B degree course (integrated/three year) and an amount of Rs.75,000/- for seeking 10% additional seats for each Hons degree course being run by the said institution and in addition to that it was directed to deposit a sum of Rs.5 lakhs as guarantee fee.

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The Principal of Government Law College, Thrissur was directed to deposit a sum of Rs.50,000/- for seeking increase of 10% additional seats of an non Hons LL.B degree course (integrated/three year) and an amount of Rs.75000/- for seeking 10% additional seats for each Hons degree course being run by the said institution and in addition to that it was directed to deposit a sum of Rs.9.55 lakhs as default fee for admission made during 2014-2015 to 2020-2021.

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The petitioners in these cases need participation in the

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WP(C).No.19006 OF 2020

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mop up admission or whatever may be the method of admission to be adopted in the event of enhancement of 10% seats. As the payment can be made from the respective Colleges only with the sanction of the Government, these Writ Petitions are disposed of making it clear that the petitioners will be entitled to participate in the allotment process which would be undertaken in the event of enhancement of 10% seats in the respective Law Colleges, along with other eligible candidates.

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In WP(C) No.19006 of 2020 the petitioner had participated in the allotment process on the basis of the interim order passed by this Court on 05.10.2020. The said petitioner would also be eligible to participate in the said allotment based on his rank in the Entrance Examination along with other eligible candidates.

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The Writ Petitions are disposed of accordingly.

Sd/-

P.V.ASHA

JUDGE

rkc

WP(C).No.19006 OF 2020

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE ADMIT CARD ISSUED BY UNIVERSITY OF DELHI DATED 29.6.2020.
EXHIBIT P2	TRUE COPY OF CONSOLIDATED MARK LIST DATED 10.2.2020.
EXHIBIT P3	TRUE COPY OF ONLINE NOTIFICATION FOR ENTRANCE EXAMINATION FOR ADMISSION TO LL.B COURSE FOR 2020-21 PUBLISHED BY 2ND RESPONDENT DATED 7.3.2020.
EXHIBIT P4	TRUE COPY OF ALLOTMENT MEMO DATED 9.9.2020 DOWNLOADED FROM THE OFFICIAL WEBSITE.
EXHIBIT P5	TRUE COPY OF NOTIFICATION DATED 9.9.2020 AS REGARDS THE SECOND PHASE OF ALLOTMENT TO
	LL.B COURSE PUBLISHED BY THE 2ND RESPONDENT.
EXHIBIT P6	TRUE COPY OF THE REPRESENTATION DATED 16/09/2020 SENT BY THE PETITIONER TO THE 2ND RESPONDENT BY E.MAIL.
EXHIBIT P7	TRUE COPY OF THE POSTAL RECEIPT ISSUED BY POSTAL AUTHORITIES DATED 16/09/2020.
EXHIBIT P8	TRUE COPY OF THE INTERIM ORDER DATED 09/03/2020 IN WPC.7125/2020.
EXHIBIT P9	TRUE COPY OF THE FEE RECEIPT DATED 24/09/2020.
EXHIBIT P10	TRUE COPY OF THE EMAIL DATED 24/09/2020 THROUGH WHICH EXT.P9 IS FORWARDED.
EXHIBIT P11	TRUE COPY OF EMAIL DATED 23/09/2020 SENT TO GRIEVANCE CELL OF DELHI UNIVERSITY, REQUESTING FOR MIGRATION CERTIFICATE AND FINAL YEAR MARK LIST.
EXHIBIT P12	TRUE COPY OF THE CONDUCT CERTIFICATE DATED 14/09/2020 AND THE COPY OF EMAIL DATED
	22/09/2020 THROUGH WHICH CONDUCT CERTIFICATE IS RECEIVED.

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WP(C).No.19006 OF 2020

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RESPONDENTS'	EXHIBITS
ANNX.R2A	TRUE PHOTOCOPY NO.CEE/71/3LLB-2020/T BY THE SECOND RESPONDE	OF A2 NT	NOTIFICATION DT.7.3.20 ISSUED
ANNX.R2B	TRUE PHOTOCOPY OF ADMISSION TO 3 YEAR 2020-21	THE LLB	PROSPECTUS FOR COURSE, KERALA,
ANNX.R2C	TRUE PHOTOCOPY NO.CEE/71/3LLB-2020/TA BY THE SECOND RESPONDE	OF 2 DT NT	NOTIFICATION .9.9.2020 ISSUED

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WP(C).No.19006 OF 2020

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APPENDIX OF WP(C) 23424/2020

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	A TRUE DATED EXAMINA	COPY OF THE PETITIONER'S DATA SHEET 4.10.2020 AS REGARDS THE ENTRANCE TION CONDUCTED BY THE 2ND RESPONDENT
EXHIBIT P2	A TRUE RENDERE 21203/2	COPY OF THE JUDGMENT DATED 8.10.2020 D BY THIS HON'BLE COURT IN WPC NO 020
EXHIBIT P3	A TRUE MOP UP ISSUED	COPY OF THE PUBLICATION OF ONLINE ALLOTMENT RESULT DATED 20.10.2020 BY THE 2ND RESPONDENT
EXHIBIT P4	A TRUE 25.9.20	COPY OF THE COMMUNICATION DATED 20 ISSUED BY THE 3RD RESPONDENT

Chandar Raju v. State of Kerala

Case brief

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Chandar Raju v. State of Kerala

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