The petitioner challenged an order denying his participation in a spot admission for law colleges while he already had an allotment-based admission. The single judge held the issue was previously settled in a related judgment and dismissed the petition.
The writ petition was dismissed.
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
TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942
WP(C).No.218 OF 2021(B)
PETITIONER:
ARJUN K.RATHISH LAL AGED 18 YEARS S/O. RATHISH LAL, RESIDING AT AMRITAKRIPA, MARIKKUNNU, KOZHIKODE-673 012
BY ADVS. SHRI.S.K.PREMRAJ SMT.REENU KURIAN SMT.V.SARITHA SRI.S.K.KRISHNAKUMAR
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001
2 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS (KERALA), 5TH FLOOR, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001
4 ASWATHY UMESH NAIR, D/O. UMESH B.NAIR, F1/401, SAI VINAYAK APARTMENT, HARIBHAU PADA, HANUMAN NAGAR, KALYAN EAST, KATEMANIVALI, THANE, MAHARASTHRA-421 306, AND PERMANENT RESIDENT OF KEERTHI NILAYAM, P.O.KONDAZHI, THRISSUR-679 106
OTHER PRESENT:
SMT.VINITHA.B,, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
Petitioner got admission to the Integrated Five years LLB Course, Kerala 2020-2021 in a self financing College-Markaz Law College, Karanthur, Kozhikode based on allotment made by the Commissioner for Entrance Examinations. After the petitioner took admission in that College the Government of Kerala issued orders enhancing 10% seats in the Law Colleges in Kerala. Thereafter the Commissioner for Entrance Examinations issued Ext.P5 notification dated 25.11.2020 permitting the Principals of the Law Colleges to conduct spot admission as against the enhanced seats. Based on that spot admission was conducted on 30.11.2020 in the respective Colleges. In Ext.P5 notification it was specifically directed that the candidates who already got admission in any of the Colleges on the basis of allotment made by the
second respondent shall not be permitted to participate in the spot admission. Petitioner
WP(C).No.218 OF 2021(B)
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challenges Ext.P5 order to the extent it denied his
right to participate in the spot admission conducted on 30.11.2020.
petitioner argued that the said decision is not correct and is rendered without considering a series of judgments relied on by him, I am of the view that as at present the issue raised by the petitioner is covered by the judgment of the Division Bench in Writ Appeal No.1254/2020 against the petitioner.
The writ petition is accordingly dismissed.
Sd/- P.V.ASHA, JUDGE
AS
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PROSPECTUS FOR ADMISSION TO THE INTEGRATED FIVE YEAR LL.B COURSE, KERALA 2020-21 EXHIBIT P2 TRUE COPY OF THE DATA SHEET OF THE PETITIONER ISSUED BY THE 2ND RESPONDENT EXHIBIT P3 TRUE COPY OF THE NOTIFICATION NO.CEE/200/5LLB-2020/TA2 DT 17.10.2020 EXHIBIT P4 TRUE COPY OF THE NOTIFICATION NO.CEE/200/5LLB-2020/TA2 DT 20.10.2020 EXHIBIT P5 TRUE COPY OF THE COMMUNICATION NO.C 696/020 DT 25.11.2020 OF THE 3RD RESPONDENT
EXHIBIT P6 TRUE COPY OF THE LIST OF PARTICIPANTS FOR SPOT ADMISSION IN THE 3RD RESPONDENT LAW COLLEGE HELD ON 30.11.2020
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DT 01.12.2020 OF THE PETITIONER WITH POSTAL RECEIPTS
2 issues framed by the court
Whether the petitioner is entitled to participate in the spot admission conducted on 30.11.2020 after having already obtained admission via allotment.
Whether the Ext.P5 order denying the petitioner's participation in spot admission is sustainable in light of the judgment in W.P.(C).No.25637 of 2020 and WA.No.1254 of 2020.
Arjun K.Rathish Lal
State of Kerala
Commissioner for Entrance Examinations (Kerala)
Government Law College, Vellimadukunnu
Aswathy Umesh Nair
P.V.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
