Umesh M. and others v. State of Kerala and Ors.; Munni S. Pyarelal v. State of Kerala and Ors

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **MONDAY, THE 16[TH] DAY OF JANUARY 2023 / 26TH POUSHA, 1944** **WP(C) NO. 42752 OF 2022** ## **PETITIONERS:** 1 UMESH M, AGED 25 YEARS S/O R. MANIYAN, UMA BHAVAN AYYANKOYICKAL LANE EDATHARA, CHEMBAZHANTHY THIRUVANANTHAPURAM, PIN - 695587 2 ASHA P.M., AGED 36 YEARS D,O P.V. MURALEEDHARAN MOOTHEDATH HOUSE PARADISE LANE PERUMPILLY, MULAMTHURUTHY ERNAKULAM, PIN - 682314 3 ABITHA MARIAM JOSEPH, AGED 22 YEARS D,O JOSEPH K.J. 75/A CHATHANTHARA PATHANAMTHITTA, PIN - 686510 4 HARIKRISHNAN K.S., AGED 55 YEARS S,O K. SANKARAN PILLAI KIZHAKKANATTU HOUSE THODUPUZHA KOLANI P.O., PIN - 685608 BY ADVS. VIVEK.P.K SHYAM KUMAR M.P MOHAMED SHAREEF PARIYARATH ## **RESPONDENTS:** 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM, PIN - 695001 2 THE COMMISSIONER OF ENTRANCE EXAMINATION 5TH FLOOR KSHB BUILDING, SS KOVIL ROAD W.P.(C). 42752 & 42835/2022 2 SANTHI NAGAR, THIRUVANANTHAPURAM KERALA., PIN - 695001 BY ADV GOVERNMENT PLEADER ADV. P.G. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.01.2023, ALONG WITH WP(C).42835/2022, THE COURT ON 16.01.2023 DELIVERED THE FOLLOWING: W.P.(C). 42752 & 42835/2022 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **MONDAY, THE 16[TH] DAY OF JANUARY 2023 / 26TH POUSHA, 1944** **WP(C) NO. 42835 OF 2022** ## **PETITIONER:** MUNNI S. PYARELAL AGED 21 YEARS D/O PYARE LAL M.I., RESIDING AT ARAMAM, MAILACKAL, VENJARAMOODU, NELLANADU VILLAGE, VENJARAMOODU .P.O., THIRUVANANTHAPURAM PIN - 695607 BY ADVS. VARGHESE C.KURIAKOSE TINCY MARIA SCARIA SUSANTH SHAJI AMRITHA.J ALBIN A. JOSEPH ## **RESPONDENTS:** 1 STATE OF KERALA REPRESENTED BY ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM PIN - 695001 2 THE DEPARTMENT OF HIGHER EDUCATION, STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY, IST FLOOR, ANNEX-II, GOVT. SECRETARIAT, THIRUVANANTHAPURAM PIN - 695001 3 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM PIN - 695001 4 THE PRINCIPAL W.P.(C). 42752 & 42835/2022 4 GOVERNMENT LAW COLLEGE, ERNAKULAM PIN - 682011 5 THE PRINCIPAL GOVERNMENT LAW COLLEGE, BARTON HILL, THIRUVANANTHAPURAM PIN - 695035 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.01.2023, ALONG WITH WP(C).42752/2022 AND CONNECTED CASES, THE COURT ON 16.01.2023 DELIVERED THE FOLLOWING: W.P.(C). 42752 & 42835/2022 5 ## **JUDGMENT** **[WP(C) Nos.42752/2022, 42835/2022]** Dated this the 16[th] day of January , 2023 The petitioners secured admission in Government Law Colleges in the admission process conducted by the Commissioner for Entrance Examinations in accordance with the prospectus for admission to Three Year LLB Course, Kerala, 2022-23. The admission process was with respect to 4 Government Law Colleges and 19 Private Self Financing Law Colleges. The petitioner in W.P.(C) No. 42835 of 2022 was allotted to the Government Law College, Kozhikode even though her first option was the Government Law College, Thiruvananthapuram. As far as the petitioners in W.P.(C) No. 42752 of 2022 are concerned, the 1[st] petitioner was allotted to the Government Law College, Ernakulam, and petitioners 2 and 3 were allotted to the Government Law College, Thrissur. Unlike the other petitioners, the 4[th] petitioner did not get allotment in the first and second rounds, but finally managed W.P.(C). 42752 & 42835/2022 6 to obtain allotment to the Government Law College, Thrissur in the mop-up round. Pertinently, none of the petitioners could secure allotment in accordance with their first option. The grievance highlighted in these writ petitions is regarding the refusal to consider the petitioners for allotment during the stray vacancy filling process conducted after the mop-up allotment. The petitioners lament that such refusal has resulted in denial of seats which they could have secured in accordance with their first option and less meritorious candidates being allotted and admitted to those seats. The refusal being the Notification and Guidelines dated 22.12.2022 issued by the Commissioner for Entrance Examinations, the petitioners seek a declaration that the condition of excluding candidates who have already secured admission through the Centralized Allotment process/mop-up allotment from the stray vacancy filling round as illegal. The other prayer is for a direction to the Commissioner to prepare a fresh list by including candidates like the petitioners who were allotted in the initial stages of the Centralized Allotment Process. W.P.(C). 42752 & 42835/2022 7 2. Heard Advs.Varghese C. Kuriakose and Vivek P.K. for the petitioners and Government Pleader Adv.P.G. Pramod for the respondents. 3. Adv. Varghese C. Kuriakose submitted that his client is a cancer patient and is undergoing treatment at the Regional Cancer Centre, Thiruvananthapuram. She had therefore given Government Law College, Thiruvananthapuram as her first option, but was allotted to the Government Law College, Kozhikode. In spite of participating in the second and mop-up allotments, her allotment remain unchanged. The petitioner's rank being 244, she would have definitely secured allotment and admission in the Government Law College, Thiruvananthapuram, if she was permitted to participate in the stray vacancy filling process. It is contended that the prospectus for admission for the year 2022-23 does not contain any clause which prohibits candidates already allotted from being considered during the stray vacancy filling. Reference is made to Clause 16.4 in the prospectus to contend that the ineligibility for consideration in the subsequent W.P.(C). 42752 & 42835/2022 8 allotment is only with respect to candidates who are allotted seats in the mop-up allotment. Being so, the impugned Notification issued by the Commissioner, excluding candidates allotted to the course through mop-up counseling and the candidates admitted to the course through phases upto 2[nd] round of Centralized Allotment is contrary to the prospectus and therefore unsustainable. Even otherwise, the Commissioner cannot intervene in the process and direct allotments to be effected overlooking merit. 4. Adv. Vivek P.K. adopted the contentions and fairly submitted that the 4[th] petitioner in his case had secured admission in the mop-up allotment and was therefore not eligible for consideration during the stray vacancy filling process. 5. Learned Government Pleader contended that the issue canvassed by the petitioners is covered by the decision of this Court in **Cisly Grashious v. State of Kerala and Ors.** (2021 (1) KLT 784), as affirmed by the Division Bench. It is further contended that a careful scrutiny of Clause 16 of the W.P.(C). 42752 & 42835/2022 9 prospectus would clearly show that candidates who have joined in the first and second phase of allotment and those who are allotted a seat in the mop-up allotment are not eligible for any subsequent allotment. 6. In the nature of the contentions raised, it is essential to have a close scrutiny of Clause 16 of the prospectus, extracted hereunder for easy reference; ## “ **16. Mop Up Allotment** Vacancies that may exist/arise in various Law Colleges in Three Year LLB Course after the second phase of the centralised allotment process, will be filled up through a Mop-up allotment to be conducted by the Commissioner for Entrance Examinations. Candidates who are included in the Rank List /Category-wise Lists of Three Year LLB course published by the Commissioner for Entrance Examinations (CEE) can register fresh options for mop up allotment through the official website as per directions of the CEE. Candidates who have already joined a college through the first or second phase of the CAP can also participate in the mop-up allotment by registering fresh options. ## **General Rules of Mop-up Allotment:** W.P.(C). 42752 & 42835/2022 10 1. As in the other phases of the CAP, if no seat is allotted to the candidate in the mop-up allotment, the existing admission, if any, shall prevail, and, if a seat is allotted to the candidate in the mop-up allotment, the existing admission, if any, will stand cancelled and the candidate shall have to accept the new allotment. 2. Vacancies may arise due to up-gradations to higher options or due to category conversions when the option processing for the mop-up allotment takes place. These probable vacancies will also be filled up in the Mop-up allotment based on the options registered by the candidates for the mop-up allotment. Candidates are therefore advised to take into account these probable vacancies also in addition to the real vacancies available at the start of the mop-up phase of the allotment process. 3. The seats received through Mop up allotment cannot be changed further at any instance. 4. Candidates who are allotted a seat in the mop-up allotment (irrespective of the admission status) will not be eligible for any subsequent allotments. 5. If the candidates, who have been already admitted to Three Year LLB course through previous phases of allotment by Commissioner for Entrance Examinations, get an allotment through the Mop up allotment, current admission W.P.(C). 42752 & 42835/2022 11 of the candidate will stand cancelled. Hence candidates should be very careful while giving options and are advised to choose only those colleges where they want to study for the course if they get an allotment. 6. The various lists of candidates for the **college level stray vacancy filling** after the mop- up allotment will be prepared based on the options registered for the mop-up allotment process. So, candidates who intend to participate in the institution level stray vacancy filling should participate in the mop-up allotment also by registering fresh options for the mop-up allotment.” 7. On a conjoint reading of the above provision, it is evident that candidates who have already joined a college through the first or second phase of allotment can also participate in the mop-up allotment by registering fresh options. Candidates who are allotted a seat in the mop-up allotment will not be eligible for any subsequent allotments. The list of candidates for college level stray vacancy filling after the mop-up allotment is prepared based on the options registered for the mop-up allotment process. It is hence clear that the stray vacancy filling is meant for those candidates W.P.(C). 42752 & 42835/2022 12 who were not able to secure allotment even in the mop-up allotment. The provisions cannot be interpreted to mean that even candidates who have joined a college through the first or second phase of allotment should be considered in the stray vacancy filling if they participate in the mop-up allotment process. As held by the Apex Court in **Arvind Kumar Kankane v. State of U.P. and Ors.** [(2001) 8 SCC 355], if such an interpretation is adopted, the admissions would become an endless process. In **Cisly Grashious** (supra) **,** the learned Single Judge after considering the dictum laid down by the Apex Court in **Arvind Kumar Kankane** (supra) and the judgment of the Division Bench in W.A. No. 2230 of 2018 had upheld the direction of the Commissioner to conduct spot admission of only those candidates who did not get admission in any of the Law Colleges. While upholding the judgment in **Cisly Grashious** (supra), the Division Bench observed that nothing stood in the way of the Commissioner from issuing directions for tackling the situations that might arise, to protect the admissions already made and to avoid complexities W.P.(C). 42752 & 42835/2022 13 in the matter. Therefore, it is well within the powers of the Commissioner to issue Notifications and the Guidelines to ensure smooth and proper conduct of the allotment process. 8. It is also pertinent to note that all the petitioners have secured admission to Government Law Colleges, even though such admission is not in accordance with their first option. Moreover, the candidates who are alleged to have been admitted to the seats which the petitioners would have got if they were permitted to participate in the stray vacancy filling process are not made parties to the writ petition. Even though the case of the petitioner in W.P.(C) No. 42835 of 2022 calls for sympathetic consideration, that would not justify intervention with the admission process without the affected person being put on notice. For the aforementioned reasons the writ petitions are dismissed. Sd/- ## **V.G.ARUN** ## **JUDGE** sb W.P.(C). 42752 & 42835/2022 14 ## **APPENDIX OF WP(C) 42752/2022** PETITIONER EXHIBITS |Exhibit P1|THE TRUE COPY OF THE CANDIDATE SHEET OF THE| |---|---| ||1ST PETITIONER| |Exhibit P1 (a)|THE TRUE COPY OF THE CANDIDATE SHEET OF THE| ||2ND PETITIONER| |Exhibit P1 (b)|THE TRUE COPY OF THE CANDIDATE SHEET OF THE| ||3RD PETITIONER| |Exhibit P1(c)|THE TRUE COPY OF THE CANDIDATE SHEET OF THE| ||4TH PETITIONER| |Exhibit P2|THE RELEVANT PAGES OF THE PROSPECTUS FOR| ||ADMISSION TO THREE YEAR LLB COURSE KERALA| ||2022-2023| |Exhibit P3|THE TRUE COPY OF THE OPTION LIST OF THE 1ST| ||PETITIONER FOR MOP-UP ROUND ALLOTMENT| |Exhibit P3(a)|THE TRUE COPY OF THE OPTION LIST OF THE 2ND| ||PETITIONER FOR MOP-UP ROUND ALLOTMENT| |Exhibit P3(b)|THE TRUE COPY OF THE OPTION LIST OF THE 3RD| ||PETITIONER FOR MOP-UP ROUND ALLOTMENT| |Exhibit P3(c)|THE TRUE COPY OF THE OPTION LIST OF THE 4TH| ||PETITIONER FOR MOP-UP ROUND ALLOTMENT| |Exhibit P4|THE TRUE COPY OF THE NOTIFICATION DATED| ||22.12.2022 ISSUED BY THE 2ND RESPONDENT FOR| ||STRAY VACANCY FILLING FOR THREE YEAR LLB| ||COURSE 2022-2023| |Exhibit P5|THE TRUE COPY OF THE GUIDELINE ISSUED BY THE| ||2ND RESPONDENT FOR STRAY VACANCY FILLING FOR| ||THREE YEAR LLB COURSE 2022-2023| |Exhibit P6|THE TRUE COPY OF THE ALLOTMENT LIST FOR STRAY| ||VACANCY FILLING| 15 ## W.P.(C). 42752 & 42835/2022 Exhibit P7 THE TRUE COPY OF THE E-MAIL COMMUNICATION MADE BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P7 (a) THE TRUE COPY OF THE E-MAIL COMMUNICATION MADE BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P7 (b) THE TRUE COPY OF THE E-MAIL COMMUNICATION MADE BY THE 3RD PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P7(c) THE TRUE COPY OF THE E-MAIL COMMUNICATION MADE BY THE 4TH PETITIONER BEFORE THE 2ND RESPONDENT W.P.(C). 42752 & 42835/2022 16 ## **APPENDIX OF WP(C) 42835/2022** |PETITIONER EXHIBITS|| |---|---| |Exhibit P1|TRUE PHOTOCOPY OF THE GRADUATION CERTIFICATE| ||ISSUED BY UNIVERSITY OF DELHI IN B.SC.| ||MATHEMATICS DATED 26.02.2021| |Exhibit P2|TRUE PHOTOCOPY OF THE MEDICAL REPORT AND| ||IDENTITY CARD ISSUED BY THE SURGICAL ONCOLOGY| ||DIVISION OF THE REGIONAL CANCER CENTRE,| ||THIRUVANANTHAPURAM DATED 21.07.2021| |Exhibit P3|TRUE PHOTOCOPY OF THE NOTIFICATION FOR| ||ENTRANCE EXAMINATION TO THE 3 YEAR LLB COURSE| ||(UNITARY) PUBLISHED ON 27.07.2022 BY THE 3RD| ||RESPONDENT| |Exhibit P4|TRUE PHOTOCOPY OF THE RELEVANT DATASHEET| ||INDICATING THE APPLICATION NO. OF THE| ||PETITIONER HOLDING RANK NO.244 PUBLISHED BY| ||THE 3RD RESPONDENT ON 22.10.2022| |Exhibit P5|TRUE PHOTOCOPY OF THE OPTION LIST SUBMITTED| ||ONLINE FOR THE FIRST PHASE OF ALLOTMENT| ||THROUGH THE WEBSITE OF 3RD RESPONDENT BY THE| ||PETITIONER DATED NIL| |Exhibit P6|TRUE PHOTOCOPY OF THE COMMUNICATION ISSUED BY| ||THE 3RD RESPONDENT FOR APPLYING FOR SECOND| ||ALLOTMENT DATED 14.11.2022| |Exhibit P7|TRUE PHOTOCOPY OF THE NOTIFICATION FOR MOP UP| ||ALLOTMENT OPTION REGISTRATION BY THE 3RD| ||RESPONDENT DATED 25.11.2022| |Exhibit P8|TRUE PHOTOCOPY OF THE OPTION LIST SUBMITTED| ||BY THE PETITIONER DATED 26.11.2022 THROUGH| ||THE WEBSITE OF 3RD RESPONDENT| |Exhibit P9|TRUE PHOTOCOPY OF THE NOTIFICATION ISSUED BY| ||THE 3RD RESPONDENT REGARDING THE PUBLICATION| ||OF MOP UP ALLOTMENT LIST DATED 30.11.2022| W.P.(C). 42752 & 42835/2022 17 |Exhibit P10|TRUE PHOTOCOPY OF THE NEW NOTIFICATION ISSUED| |---|---| ||BY THE 3RD RESPONDENT IN THE FORM OF STRAY| ||VACANCY FILLING DATED 22.12.2022| |Exhibit P11|TRUE PHOTOCOPY OF THE GUIDELINES ISSUED BY| ||THE 3RD RESPONDENT DATED 22.12.2022| |Exhibit P12|TRUE PHOTOCOPY OF THE STRAY SCHEDULE ISSUED| ||BY THE 3RD RESPONDENT DATED 22.12.2022| |Exhibit P13|TRUE PHOTOCOPY OF THE VACANT SEAT POSITION| ||PUBLISHED IN THE WEBSITE FOR STRAY VACANCY| ||ROUND DATED 22.12.2022| |Exhibit P14|TRUE PHOTOCOPY OF THE STRAY ALLOTMENT LIST| ||PUBLISHED BY THE 3RD RESPONDENT DATED| ||22.12.2022| |Exhibit P15|TRUE PHOTOCOPY OF THE RELEVANT PAGES OF| ||PROSPECTUS DATED 27.07.2022 ISSUED BY THE 3RD| ||RESPONDENT| |Exhibit P16|TRUE PHOTOCOPY OF THE COMMUNICATION SUBMITTED| ||BY THE PETITIONER TO THE 3RD RESPONDENT| ||THROUGH E-MAIL DATED 23.12.2022| W.P.(C). 42752 & 42835/2022 18