Writ petitioner sought LLB seat as physically disabled (20%) despite statutory 40% benchmark. Court held empathy cannot override statutory limits and closed the petition.
Writ petition closed with liberty to participate in counseling processes and interim order vacated.
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 MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 18TH DAY OF NOVEMBER 2022 / 27TH KARTHIKA,
1944
WP(C) NO. 36129 OF 2022
PETITIONER/S:
ATHULYA S.,
AGED 19 YEARS
D/O. SETHUKUMAR R, KOTTEKKAT HOUSE, KAZHANI,
KAVASSERI PO, PALAKKAD DISTRICT - 678 543.
BY ADV H.PRAVEEN (KOTTARAKARA)
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, LAW DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.2 CALICUT UNIVERSITY, REPRESENTED BY ITS REGISTRAR, TIRUR - CALICUT RD, THENHIPALAM, MALAPPURAM DISTRICT - 673 635.3 THE PRINCIPAL, GOVERNMENT LAW COLLEGE, THRISSUR LAW, COLLEGE, ROAD, AYYANTHOLE, THRISSUR DISTRICT - 680 003. SMT.PARVATHY.K-GP, SRI.P.C.SASIDHARAN-SCTHIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON
18.11.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WPC 36129/2022
..2..
JUDGMENT
The petitioner claims a seat for the LLB Course in Government Law College, Thrissur – of which the 3rd respondent is the Principal, on the ground that she is a physically disabled person. However, she admits that her disability, as per Ext.P2 certificate, is only 20% and will not come within the benchmark, as fixed under the applicable statutory provisions.
WPC 36129/2022
..3..
be dismissed.
In the afore circumstances, leaving liberty to the petitioner to participate fully in the counseling processes, including “spot admissions”, I close this writ petition, vacating the interim order granted on 10.11.2022.
Sd/-
DEVAN RAMACHANDRAN, JUDGE
ACR
..4..
WPC 36129/2022
APPENDIX OF WP(C) 36129/2022
PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE CERTIFICATE ISSUED TO
THE PETITIONER BY THE BOARD OF HIGHER
SECONDARY EXAMINATIONS, GOVERNMENT OF
KERALA.
Exhibit P2TRUE COPY OF THE DISABILITY
CERTIFICATE ISSUED BY TALUK
HEADQUARTERS HOSPITAL, ALATHUR,
PALAKKAD DATED 24/05/2022.
Exhibit P3TRUE COPY OF THE PETITIONER'S DATA
SHEET ISSUED BY THE COMMISSIONER FOR
ENTRANCE EXAMINATIONS.
Exhibit P4TRUE COPY OF THE ALLOTMENT DETAILS
OBTAINED FROM THE OFFICIAL WEBSITE OF
COMMISSIONER FOR ENTRANCE
EXAMINATIONS.
Exhibit P5TRUE COPY OF THE RELEVANT PAGES OF THE
PROSPECTUS FOR ADMISSION TO INTEGRATED
FIVE YEAR LLB SE, KERALA 2022-23
ISSUED BY THE COMMISSIONER FOR
ENTRANCE EXAMINATIONS.
1 issue framed by the court
Whether a petitioner with 20% disability is entitled to a reserved seat for physically disabled persons in LLB admission when the statutory benchmark is 40%.
1 provisions across 1 enactments
ATHULYA S.
STATE OF KERALA
CALICUT UNIVERSITY
THE PRINCIPAL, GOVERNMENT LAW COLLEGE, THRISSUR
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court