Shreyas Bejoy v. Directorate of Collegiate Education; Directorate of Collegiate Education, Thiruvananthapuram; St. Albert's College (Autonomous), Banerji Road, Ernakulam; Principal, St. Albert's College (Autonomous), Banerji Road, Ernakulam

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 30[TH] DAY OF SEPTEMBER 2021 / 8TH ASWINA,** ## **1943** ## **WP(C) NO. 17986 OF 2021** ## **PETITIONER:** **SHREYAS BEJOY, AGED 19 YEARS S/O. BEJOY K.VIJAYAN, KADAVIL HOUSE, T.K.C ROAD, VADUTHALA, ERNAKULAM - 682023.** **BY ADVS. C.A.CHACKO C.M.CHARISMA** ## **RESPONDENTS:** - **1 THE DIRECTOR OF COLLEGIATE EDUCATION DIRECTORATE OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM - 695033.** - **2 ST. ALBERT'S COLLEGE (AUTONOMOUS) BANERJI ROAD, ERNAKULAM - 682018, REPRESENTED BY ITS MANAGER.** - **3 THE PRINCIPAL ST. ALBERT'S COLLEGE (AUTONOMOUS), BANERJI ROAD, ERNAKULAM - 682018.** **BY SRI.SHERRY J. THOMAS, SC BY SRI.JOEMON ANTONY** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 2 W.P.(C) No.17986 of 2021 ## **P.B.SURESH KUMAR, J.** **--------------------------------------------W.P.(C) No.17986 of 2021** **----------------------------------------------Dated this the 30[th] day of September, 2021.** ## **JUDGMENT** Petitioner has applied for admission in the second respondent College for B.Sc. (Mathematics) course in the quota earmarked for sports personnel. Pursuant to the application, he was called upon to attend the interview scheduled at 9.00 a.m. on 01.09.2021. It is stated that the petitioner had taken the first dose of COVID-19 vaccine on 30.08.2021 and he was consequently not keeping well on 01.09.2021. It is also stated that the petitioner could, therefore, appear before the College authorities for interview only by about 12.00 noon on 01.09.2021. It is also stated that the petitioner was then 3 W.P.(C) No.17986 of 2021 informed by the College authorities that since none appeared for interview for admission against the sports quota at the scheduled time, the sports quota seats were merged with general quota. According to the petitioner, insofar as the seats earmarked for sports personnel were not filled up by the College authorities on the day specified for admission, the petitioner should have been accommodated in one among the said seats. The petitioner, therefore, seeks directions to the College authorities to give him admission for B.Sc. (Mathematics) course under the sports quota. 2. On 07.09.2021, this Court passed an interim order directing the third respondent, the Principal of the College not to fill up one seat available for the B.Sc. (Mathematics) course. 3. A counter affidavit has been filed on behalf of the College stating, among others, that in terms of the 4 W.P.(C) No.17986 of 2021 admission schedule published by the College, the time fixed for interview for admission against sports quota was 9.00 a.m. on 01.09.2021 and since none appeared for the interview at the scheduled time, the sports quota seats were merged with general quota as provided for in the prospectus published in connection with the admission for the course. It is also stated in the counter affidavit that by about 11.00 am on 07.09.2021, even the general quota seats including the sports quota seats merged with the same were filled up. 4. Heard the learned counsel for the petitioner as also the learned counsel for respondents 2 and 3, the College and the Principal. 5. The learned counsel for the petitioner argued that insofar as the petitioner has appeared for the interview on the day fixed for the interview itself and insofar as the general quota seats were not filled up by the College by then, the W.P.(C) No.17986 of 2021 5 petitioner should have been given admission against the sports quota. 6. Per contra, placing reliance on a provision in the prospectus published in connection with the admission for the course which is extracted in the counter affidavit, the learned counsel for respondents 2 and 3 contended that the College has only acted in terms of the prospectus. It was also contended that the College is bound to follow the provisions in the prospectus and any deviation from the prospectus will disturb the admission process. The learned counsel has relied on the decision of the Division Bench of the Madras High Court in **State of T.N. and Others v. G. Sumathi and Others,** 1999 KHC 3534, in support of the proposition that the students who are seeking admission to a course are bound by the terms of the prospectus, and they cannot claim admission otherwise than in accordance with the terms of the prospectus. 6 W.P.(C) No.17986 of 2021 7. On a query from the Court, the learned counsel for respondents 2 and 3 submitted that though the interim order passed by this Court on 07.09.2021 was not served on the College by the petitioner on time, one of the seats earmarked for admission to B.Sc. (Mathematics) Course under the management quota has not been filled up in the light of the said interim order. 8. In terms of the admission schedule published by the College, the petitioner should have appeared for the interview for admission against sports quota at 9.00 a.m. on 01.09.2021. The petitioner does not dispute the said fact. He admits that he could appear for the interview only by about 12.00 noon on the said day. The fact that the petitioner appeared for the interview by about 12.00 noon on 01.09.2021 is not disputed by the College also. As noted, the stand of the College is that insofar as none appeared for the interview for W.P.(C) No.17986 of 2021 7 admission against the sport quota seats at the time specified, the sports quota seats were merged with the general quota seats and it is on account of the said reason that admission was denied to the petitioner. The relevant portion of the prospectus relied on by the College for taking the aforesaid stand reads thus: “If Vacancies arise due to discontinuation of candidates under Sports/Cultural/PD quotas, the next eligible candidate in the Rank list shall be admitted. In case there is no next eligible candidate, the vacant seat shall be merged with the general merit quota.” As evident from the extracted provision, what is provided for therein is that if vacancies arise due to discontinuation of candidates under Sports/Cultural/PD quotas, the vacant seat shall be merged with the general quota. The case on hand is not a case of discontinuation. As such, according to me, the said clause cannot have any application to the facts of the present case. Be that as it may, Ext.R2(A) admission schedule 8 W.P.(C) No.17986 of 2021 would show that the date fixed for admission against sports quota was 01.09.2021. Ext.R2(A) does not indicate the date fixed for admission against general quota. There is no averment in the counter affidavit filed by respondents 2 and 3 as to the date and time fixed for admission against general quota. On the other hand, the averments in the counter affidavit would show that general quota seats were filled up only on 07.09.2021. In other words, even assuming that there is a provision in the prospectus to the effect that unfilled sports quota seats will be merged with the general quota, the question of merger of seats would arise only when general quota seats are filled up. It is thus evident that there was absolutely no impediment on 01.09.2021 in giving admission to the petitioner for the course under the sports quota. Of course, the position would have been different had the next eligible candidate was admitted for the course against the 9 W.P.(C) No.17986 of 2021 sport quota by the time the petitioner appeared for the interview. Insofar as none appeared for the interview for admission against sports quota for the B.Sc. (Mathematics) course on the date and time fixed, according to me, the College ought to have given admission to the petitioner. In the result, the writ petition is allowed and respondents 2 and 3 are directed to admit the petitioner for the B.Sc. (Mathematics) course against the sports quota, forthwith. Sd/- **P.B.SURESH KUMAR, JUDGE** ds 28.09.2021 10 W.P.(C) No.17986 of 2021 ## **APPENDIX OF WP(C) 17986/2021** ## **PETITIONER EXHIBITS** - **Exhibit P1** **TRUE COPY OF MERIT CERTIFICATES OF PETITIONER IN SPORTS.** - **Exhibit P2 TRUE COPY OF THE FINAL SPORTS RANK LIST FOR B.SC. (MATHEMATICS)** - **Exhibit P3** - **TRUE COPY OF RELEVANT PAGES OF NOTIFICATION REGARDING SCHEDULE OF ADMISSION ISSUED BY THE 2ND RESPONDENT.** - **Exhibit P4** - **TRUE COPY OF PROVISIONAL CERTIFICATE FOR COVID - 19, VACCINATION 1ST DOSE DATED. 30.08.2021.** - **Exhibit P5** - **TRUE COPY OF REPRESENTATION DATED 1.9.2021 GIVEN TO THE 1ST RESPONDENT.** ## **RESPONDENT EXHIBITS** - **Exhibit R2(a)** - **THE TRUE COPY OF THE ADMISSION SCHEDULE ISSUED BY THE COLLEGE.** - **Exhibit R2(b) THE TRUE COPY OF THE PROSPECTUS OF ADMISSION TO UNDER GRADUATE PROGRAM 2021-2022.**