Allowed

Thasnimol T.S. v. State of Kerala

Kerala HC24 May 2023WP(C)/34467/2016

Case brief

AI extract

What is this about?

The Kerala High Court, coram Justice Devan Ramachandrnan, disposed of multiple writ petitions (including WP(C) 34257/2016, 9538/2017, etc.) relying on a prior judgment. The court allowed the petitions, confirmed interim orders, and declared petitioners entitled to all eligible benefits without reservation.

What did the court decide?

Relief granted confirming interim orders and declaring petitioners entitled to all eligible benefits without reservation.

Thasnimol T.S. Vs State of Kerala — Education and Admissions | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶4

WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945

¶5

WP(C) NO. 34257 OF 2016

¶6

PETITIONERS:

¶7

1 ANVAR SHAKKEEL .M. S/O M OMAR MUSALIYARAKAM, THIRURKAD P.O., MALAPPURAM DISTRICT.

¶8

2 ANSUL ANVER KIZHAKETHALAKKAL, SO.ALI HAJI KIZHAKETHALAKAL, PUTHANANGADI POST, ANGADIPPURAM, MALAPPURAM DISTRICT.

¶9

BY ADVS.
SRI.V.V.ASOKAN (SR.)
SRI.R.JAIKRISHNA
SRI.JOSE JOSEPH CHEMPLAYIL

¶10

RESPONDENTS:

¶11

1 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION (C), SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶12

2 COMMISSIONER OF ENTRANCE EXAMINATIONS HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM -695 001.

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3 BAR COUNCIL OF INDIA

¶14

21, ROUSE AVENUE INSTITUTIONAL AREA, NEW DELHI -110 002

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4 BAR COUNCIL OF KERALA

¶16

REPRESENTED BY ITS SECRETARY, OFFICE OF THE KERALA BAR COUNCIL, ERNAKULAM -682 031.

¶17

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.05.2023, ALONG WITH WP(C).9538/2017, 34467/2016 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶18

¶19

[WP(C) Nos.34257/2016, 9538/2017, 34467/2016, 34529/2016]

¶20

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶21

PRESENT

¶22

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶23

WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
WP(C) NO. 9538 OF 2017

¶24

PETITIONERS:

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1 ANTONY JACOB S/O.C.V.JACOB, AGED 38, CHIRAMEL VADAKKAN(H), NEAR IDUKUDE BRIDGE, CHALAKUDY P.O.

¶26

2 ABRAHAM K.M. S/O.MATHAI ABRAHAM, AGED 49, KALAPURACKAL, MATTAKKARA P.O., KOTTAYAM.

¶27

3 DR.ANITHA K.GOPAL D/O.SRI.K.K.GOPALAN, AGED 49, ANITHA BHAVAN, KUMARANALLOOR P.O., KOTTAYAM.

¶28

4 BIJOY MATHEW S/O.A.M.MATHEW, AGED 57, ELAVUMKAL VEEDU,VELLAPPATTU KARA LALAM VILLAGE, PALAI P.O., MEENACHIL TALUK, KOTTAYAM.

¶29

5 BENNY MATHEW S/O.BABY THOMAS, AGED 41, KUZHIYADIYIL HOUSE, NALUKODY P.O., PAIPPADU VILLAGE, CHANGANASSERY.

¶30

6 GOPAKUMAR M.S. AGED 53 YEARS, S/O.A.K.SREEDHARAN NAIR, MEKKAMPURATHU, KULATHOOR PRAYAR P.O., (VIA) KAANGAZHA, KOTTAYAM.

¶31

7 HABBEEB HASSAN M. AGED 33 YEARS S/O.V.HASSAN, AGED 33, MATTATHIL HOUSE, MOOLAVATTOM P.O.,KOTTAYAM.

¶32

8 RADHAKRISHNAN G.K. AGED 52 YEARS S/O.N.R.KURUP, AGED 52, PAITETHUTHAYYIL, EREZHA NORTH, CHITTIKULANGARA P.O., MAVELIKARA.

¶33

9 DR.RAJENDRAN T.R. S/O.T.N.RAVUNNY, AGED 53, ANITHA BHAVAN, KUMARANALLOOR P.O., KOTTAYAM.

¶34

10 SABU JOSEPH S/O.K.V.JOSEPH, AGED 47, KALAYIL PUTHUPARAMBIL, PERUMPANACHY P.O., CHENGANACHERRY.

¶35

[WP(C) Nos.34257/2016, 9538/2017, 34467/2016, 34529/2016]

¶36

3

¶37

11 SOUMYA A.M. AGED 32 YEARS, W/O.GOPAKUMAR V.K., VAKAPPARAMBIL HOUSE, VAZHAPPALLY WEST P.O., PARAL CHENGANACHERRY.

¶38

12 VISWANATHAN M.K. AGED 59 YEARS S/O.LATE ACHUTHAN KUNJUJU, MOOSARIKUNNEL, THELLAKOM P.O., KOTTAYAM.

¶39

13 SURENDRAN A. S/O.ADICHAN, AGED 56, A.K.VILLA, KUNNATHALUMUDE, KAYAMKULAM.

¶40

BY ADVS.
SRI.R.LAKSHMI NARAYAN
SRI.M.ASHOK KINI
SMT.R.RANJANIE

¶41

RESPONDENTS:

¶42

1 STATE OF KERALA REP BY ITS SECRETARY TO GOVERNMENT, HIGHER EDUCATION (C) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM695001.

¶43

2 BAR COUNCIL OF INDIA 21 ROUSE AVENUE, INSTITUTIONAL AREA, NEW DELHI-110002, REP BY ITS SECRETARY.

¶44

3 UNION OF INDIA

¶45

REP BY ITS SECRETARY TO GOVERNMENT, MINISTRY OF LAW & JUSTICE, NEW DELHI-110001.

¶46

4 MAHATMA GANDHI UNIVERSITY KOTTAYAM-686001, REP. BY ITS REGISTRAR.

¶47

5 VICE CHANCELLOR MAHATMA GANDHI UNIVERSITY, KOTTAYAM-686001, KOTTAYAM.

¶48

6 DIRECTOR

¶49

SCHOOL OF INDIAN LEGAL THOUGHT, SOORYA KALADI, SH MOUNT,
NATTASSERRI, KOTTAYAM-686001.
BY ADVS.
SMT.O.M.SHALINA, CGC
SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY
MANU S, ASG OF INDIA

¶50

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.05.2023, ALONG WITH WP(C).34257/2016 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶51

¶52

[WP(C) Nos.34257/2016, 9538/2017, 34467/2016, 34529/2016]

¶53

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶54

PRESENT

¶55

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶56

WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
WP(C) NO. 34467 OF 2016

¶57

PETITIONER:

¶58

THASNIMOL T.S.

¶59

W/O SUNEER T.K, ARACKAL HOUSE, CHALICKAVATTAM, VENNALA
P.O, ERNAKULAM-682028
BY ADVS.
SRI.KALEESWARAM RAJ
KUM.A.ARUNA

¶60

RESPONDENTS:

¶61

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTAHPURAM-695001

¶62

2 COMMISSIONER OF ENTRANCE EXAMINATIONS THIRUVANANTHAPURAM-695001

¶63

3 BAR COUNCIL OF INDIA REPRESENTED BY THE SECRETARY, BAR COUNCIL OF INDIA, ROUSE AVENUE INSTITUTIONAL AREAS, NEW DELHI-2

¶64

4 BAR COUNCIL OF KERALA REPRESENTED BY SECRETARY, BAR COUNCIL OF KERALA, BAR COUNCIL BHAVAN, HIGH COURT CAMPUZ, ERNAKULAM, KOCHI682031 BY ADVS. SRI.T.T.RAKESH

¶65

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.05.2023, ALONG WITH WP(C).34257/2016 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶66

¶67

[WP(C) Nos.34257/2016, 9538/2017, 34467/2016, 34529/2016]

¶68

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶69

PRESENT

¶70

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
WP(C) NO. 34529 OF 2016

¶71

PETITIONER:

¶72

SEEMA VARUGHESE
AGED 40 YEARS, W/O. ZACHARIA PHILIP, NEDUMPARAMPIL, P.O.
MICAVU, KOZHIKODE- 673 573.
BY ADVS.
SRI.SHYAM PADMAN
SRI.C.M.ANDREWS
SMT.BOBY M.SEKHAR
SRI.K.PADMARAJ

¶73

RESPONDENTS:

¶74

1COMMISSIONER OF ENTRANCE EXAMINATION
FIFTH FLOOR, HOUSING BOARD BUILDINGS, SHANTHI NAGAR,
THIRUVANANTHAPURAM-695 001.

¶75

2STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER
EDUCATION, ROOM NO. 301, 3RD FLOOR, SECRETARIAT ANNEX,
THIRUVANANTHAPURAM-695 001.

¶76

3 BAR COUNCIL OF INDIA REPRESENTED BY ITS JOINT SECRETARY, ROUSE, AVENUE INSTITUTIONAL AREA, NEAR BAL BHAVAN, NEW DELHI -110 00.

¶77

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.05.2023, ALONG WITH WP(C).34257/2016 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶78

[WP(C) Nos.34257/2016, 9538/2017, 34467/2016, 34529/2016]

¶79

¶80

JUDGMENT

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In view of the judgment of this Court in
WP(C)No.33322/2016 and connected matters, the

¶82

petitioners herein are also entitled to relief.

¶83

Resultantly, these writ petitions are allowed
confirming the interim orders issued by this
Court in each of them; and consequently,
declaring that the petitioners herein will be
entitled to all eligible benefits without

¶84

reservation.

¶85

 Sd/-

¶86

DEVAN RAMACHANDRAN

¶87

JUDGE

¶88

SAS

¶89

[WP(C) Nos.34257/2016, 9538/2017, 34467/2016, 34529/2016]
7

¶90

APPENDIX OF WP(C) 9538/2017

¶91

PETITIONER’S EXHIBITS

¶92

EXHIBIT P1THE PHOTOCOPY OF NOTIFICATION DATED 4-6-2016.
EXHIBIT P2THE PHOTOCOPY OF CIRCULAR DATED 17-09-2016
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P3THE PHOTOCOPY OF INTERIM ORDER DT. 9-11-2016
IN WPC 35230/2016 ON THE FILE OF HON'BLE HIGH
COURT OF KERALA.
EXHIBIT P4THE PHOTOCOPY OF THE INTERIM ORDER DATED 25-
10-2016 IN W.P.NO.34226/16 ON THE FILE OF
HON'BLE HIGH COURT OF KERALA.
EXHIBIT P5PHOTOCOPY OF THE LETTER DATED 22-2-2017.
EXHIBIT P6THE PHOTOCOPY OF THE INTIMATION DT 1-3-2017
ISSUED BY THE 6TH RESPONDENT.
EXHIBIT P7PHOTOCOPY OF THE SPECIMEN OF THE AFFIDAVIT
PUBLISHED IN THE NOTICE BOARD.
EXHIBIT P8PHOTOCOPY OF INTERIM ORDER 7-3-2017 IN WPC
35230/2016 OF HIGH COURT OF KERALA.
EXHIBIT P9PHOTOCOPY OF THE PROCEEDINGS DATED 16-3-2017.
EXHIBIT P10PHOTOCOPY OF THE INTERIM ORDER DT.3-3-2017 IN
WP(C) 1023/2016 ON THE FILE OF THE HON'BLE
SUPREME COURT OF INDIA.

¶93

¶94

[WP(C) Nos.34257/2016, 9538/2017, 34467/2016, 34529/2016]

¶95

APPENDIX OF WP(C) 34467/2016

¶96

PETITIONER’S EXHIBITS

¶97

EXHIBIT P1TRUE COPY OF THE NOTIFICATION DATED 28/7/2016
EXHIBIT P2TRUE COPY OF THE RELEVANT PAGE OF THE
PROSPECTUS FOR ADMISSION TO FIVE YEAR LL.B
COURTS, KERALA 2016-17
EXHIBIT P3TRUE COPY OF THE ADMIT CARD OF THE PETITIONER
EXHIBIT P4TRUE COPY OF THE RELEVANT PAGE OF THE PRINTOUT
FROM THE WEBSIT OF THE COMMISSIONER OF
ENTRANCE EXAMINATION
EXHIBIT P5TURE COPY OF RELEVANT PAGE OF THE STATE MERIT
LIST
EXHIBIT P6TRUE COPY OF THE NOTIFICATION DATED 17/9/2016
IS ISSUED BY THE BAR COUNCIL OF INDIA
EXHIBIT P7TRUE COPY OF GO (MS) NO 213/2016/H.EDN DATED
21/10/2016
EXHIBIT P8TRUE COPY OF THE NOTIFICATION DATED 22/10/2016
EXHIBIT P8(A)TRUE COPY OF THE ORDER DATED 11/12/2015 IN SLP
(CIVIL) NO 33742/2015
EXHIBIT P9TRUE COPY OF THE JUDGMENT DATED 20/10/2011 IN
CWP NO. 20966/2010 AND CONNECTED CASES
EXHIBIT P10TRUE COPY OF THE ORDER DATED 5/1/2015 IN
SLP(CIVIL) NO 26958-26962/2013

¶98

¶99

[WP(C) Nos.34257/2016, 9538/2017, 34467/2016, 34529/2016]

¶100

APPENDIX OF WP(C) 34529/2016

¶101

PETITIONER’S EXHIBITS

¶102

EXT. P1TRUE COPY OF THE ORDER G.O.(RT) NO.
2106/2016/H. EDN DATED 10.08.2016 ISSUED BY
THE 2ND RESPONDENT.
EXT. P2TRUE COPY OF THE NOTIFICATION ISSUED BY THE
1ST RESPONDENT DATED 12.08.2016.
EXT. P3TRUE COPY OF THE PROSPECTUS FOR THE YEAR 2016-
17 PUBLISHED BY THE 1ST RESPONDENT.
EXT. P4TRUE COPY OF THE RESULT PUBLISHED BY THE 1ST
RESPONDENT DATED 26.09.2016.
EXT. P5TRUE COPY OF THE NOTIFICATION DATED 22.10.2016
ISSUED BY THE ADDL RESPONDENT IN THE OFFICIAL
WEBSITE.
EXT. P6TRUE COPY OF THE ORDER G.O.(MS) NO.
213/2016/H. EDN. DATED 21.10.2016. OF THE 2ND
RESPONDENT.
EXT. P7TRUE COPY OF THE LETTER OF THE 3RD RESPONDENT
DATED 17.09.2016.

¶103

[WP(C) Nos.34257/2016, 9538/2017, 34467/2016, 34529/2016]
10

¶104

APPENDIX OF WP(C) 34257/2016

¶105

PETITIONER’S EXHIBITS

¶106

EXHIBIT P1TRUE COPY OF THE RELEVANT PAGES OF THE
PROSPECTUS FOR ADMISSION TO 3 YEAR LLB COURSE,
KERALA - 2016-17 DATED 12.8.2016
EXHIBIT P1(A)TRUE COPY OF THE GOVERNMENT ORDER
G.O(RT0NO.2106/2016/H.EDN. DATED 10.8.2016
EXHIBIT P2TRUE COPY OF THE ADMIT CARD GIVEN TO THE 1ST
PETITIONER DATED NIL
EXHIBIT P2(B)TRUE COPY OF THE ADMIT CARD GIVEN TO THE 2ND
PETITIONER DATED NIL
EXHIBIT P3TRUE COPY OF THE RELEVANT EXTRACT OF THE
RESULT SHEET PUBLISHED BY THE 2ND RESPONDENT
DATED 26.9.2016
EXHIBIT P3(A)TRUE COPY OF THE RELEVANT EXTRACT OF THE STATE
MERIT CATEGORY LIST DATED NIL.
EXHIBIT P4TRUE COPY OF THE NOTIFICATION PUBLISHED BY THE
2ND RESPONDENT DATED 22.10.2016
EXHIBIT P5TRUE COPY OF THE CIRCULAR ISSUED BY THE BAR
COUNCIL OF INDIA DATED 17.9.2016
EXHIBIT P6TRUE COPY OF THE GOVERNMENT ORDER ISSUED BY
1ST RESPONDENT DATED 21.10.2016

Thasnimol T.S. v. State of Kerala

Case brief

What is this about?

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Thasnimol T.S. v. State of Kerala

Case brief

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