Allowed

Neda.P.John v. the Principal, the Government Law College

Kerala HC22 Sept 2020WP(C)/19494/2020

Case brief

AI extract

What is this about?

In a writ petition, the High Court allowed admission provisionally to a petitioner who secured a B.Com degree but lost her Class I mark list. The Court directed the college to admit her conditionally and ordered the University to issue a duplicate mark list.

What did the court decide?

Admission granted provisionally to petitioner; University of Calicut directed to issue duplicate mark list within two weeks.

Neda.P.John Vs the Principal, the Government Law… — Education and Admissions | Kerala HC (2020)

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WP(C).No.19494 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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TUESDAY, THE 22ND DAY OF SEPTEMBER 2020 / 31ST BHADRA, 1942

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WP(C).No.19494 OF 2020(J)

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PETITIONER/S:

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NEDA.P.JOHN AGED 38 YEARS W/O. PAUL DAVID, NOW RESIDING AT FIRE AND RESCUE STATION QUARTERS, NO. 7, THRISSUR, PIN-680 001

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BY ADVS. SRI.C.J.SOLOMAN SMT.E.G.AMBILY

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RESPONDENT/S:

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1 THE PRINCIPAL, THE GOVERNMENT LAW COLLEGE COLLEGE ROAD, MADONA NAGAR, AYYANTHOLE, THRISSUR, KERALA-680003

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2 STATE OF KERALA, REPRESENTED BY THE SECRETARY, EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

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*ADDL.R 3 THE UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR IS SUO MOTU IMPLEADED AS ADDL. 3RD RESPONDENT IN THE WRIT PETITION AS PER ORDER DATED 22.09.2020

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OTHER PRESENT:

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SRGP.SRI.V.MANU

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.19494 OF 2020

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JUDGMENT

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Dated this the 22^nd day of September 2020

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The petitioner is a candidate who got rank No.170 in the

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Entrance Examination for three year LLB course and she was allotted a seat in State Merit quota in the Government Law College, Thrissur. The petitioner submits that she lost the 1^st year mark list of the Degree Examination; but is having the Degree Certificate and the marklists for 2^nd and 3^rd year of the B.Com from Calicut University. It is stated that though requisite fee has already been remitted on the basis of the allotment memo, she was not granted admission, due to nonproduction of the 1^st year mark list. The petitioner has produced Ext.P6 notification published in the daily to the effect that she has lost the original of the 1^st year mark list, in order to apply for the duplicate mark list from the Calicut University. The petitioner has stated that she has already submitted application before the Calicut University for issuance of the duplicate certificate. She therefore seeks a direction to the Principal to admit her to the LLB 3 year course.

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The learned Government Pleader submitted that the last date for admission based on 2^nd phase of allotment was 19.09.2020.

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However, as the only deficiency as far as the petitioner

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WP(C).No.19494 OF 2020

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is concerned, is non-production of the mark list of the 1^st year B.Com Degree examination. The petitioner has stated that she has got 48% mark in aggregate. If that be so she is fully qualified for admission and denial of admission at this stage would be harsh, when the Degree certificate is available.

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Therefore, there shall be a direction to the 1^st

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respondent to admit the petitioner provisionally on condition that the petitioner would produce an affidavit to the effect that she has got an aggregate of not less than 45% marks in the Degree course and on further condition that the original of the mark list would be produced within a period of one month.

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There shall be a further direction to the additional 3^rd respondent-University of Calicut, to expedite the application submitted by the petitioner for issuance of duplicate mark list of 1^st year B.Com Degree examination and to issue the same at the earliest and at any rate within a period of two weeks.

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The Writ Petition is disposed of accordingly.

P.V.ASHA

JUDGE

rkc

WP(C).No.19494 OF 2020

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APPENDIX

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PETITIONER'S EXHIBITS

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EXT.P1: THE PHOTOSTAT COPY OF THE CANDIDATE DATA SHEET ISSUED BY THE COMMISSIONER FOR ENTRANCE EXAMINATION DT.11.9.20

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EXT.P2: THE PHOTOSTAT COPY OF THE 2ND PHASE ALLOTMENT MEMO ISSUED BY THE OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATION DT.9.9.20

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EXT.P3: THE PHOTOSTAT COPY OF THE 2ND YEAR MARK LIST ISSUED BY THE CALICUT UNIVERSITY IN FAVOUR OF THE PETITIONER DT.21.01.04

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EXT.P4: THE PHOTOSTAT COPY OF THE FINAL YEAR MARK LIST ISSUED BY THE CALICUT UNIVERSITY IN FAVOUR OF THE PETITIONER DT.21.01.04

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EXT.P5: THE PHOTOSTAT COPY OF DEGREE CERTIFICATE ISSUED BY THE CALICUT UNIVERSITY DT.28.1.04

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EXT.P6: THE PHOTOSTAT COPY OF TELEGRAPH DAILY DT.14.9.20

Neda.P.John v. the Principal, the Government Law College

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Neda.P.John v. the Principal, the Government Law College

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