WP(C) Nos.26288/2020 & 2161/2021: Keziahmol John v. Commissioner of Entrance Examinations; Nithin Joseph v. State of Kerala and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE N.NAGARESH** **FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942 WP(C).No.26288 OF 2020(I)** ## **PETITIONER:** **KEZIAHMOL JOHN, AGED 26 YEARS, D/O.JOHN JOSEPH, A3, PANAKKAL, M.A.BALAKRISHNAN ROAD, NEAR POWER HOUSE, ERNAKULAM, PIN-682018.** **BY ADVS. SRI.K.M.SATHYANATHA MENON SMT.KAVERY S THAMPI** ## **RESPONDENTS:** |**1**|**THE COMMISSIONER OF ENTRANCE EXAMINATIONS(CEE),**| |---|---| ||**KERALA OFFICE OF THE COMMISSIONER OF**| ||**ENTRANCE EXAMINATIONS,**| ||**HOUSING BOARD BUILDINGS,**| ||**SANTHI NAGAR, THIRUVANANTHAPURAM-695001.**| |**2**|**THE PRINCIPAL,**| ||**GOVERNMENT LAW COLLEGE,**| ||**ERNAKULAM, PIN-682011.**| |**3**|**THE MAHATMA GANDHI UNIVERSITY,**| ||**PRIYADARSINI HILLS POST,**| ||**UNIVERSITY CAMPUS ROAD,**| ||**ATHIRAMPUZHA, KOTTAYAM DISTRICT,**| ||**PIN-686560, REPRESENTED BY ITS REGISTRAR.**| |**4**|**THE STATE OF KERALA,**| ||**REPRESENTED BY THE SECRETARY,**| ||**HIGHER EDUCATION DEPARTMENT,**| ||**SECRETARIAT,**| ||**THIRUVANANTHAPURAM, PIN-695001.**| WP(C) Nos.26288/2020&2161/2021 : 2 : **5 NIMISH JOHN MANGUDIYAN, AGED 40 YEARS, MANAGING DIRECTOR, LIFE INSPIRED RETAIL PRIVATE LIMITED, 43/815, WELCOME ROAD, AYYAPPANKAVU, EAST KOCHI, KERALA, PIN-682018.** ADDL. **6 THE BAR COUNCIL OF INDIA, REPRESENTED BY ITS SECRETARY, 21, ROSE AVENUE, INSTITUTIONAL AREA, NEW DELHI – 110002** **(IS IMPLEADED AS PER ORDER DATED 10/02/2021 IN I.A.No.5/2021 IN W.P.(C)No.26288/2020** **R1-2, R4 BY GOVERNMENT PLEADER SMT.K.M.RASHMI R3 BY SHRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY R5 BY ADV. SRI.K.M.VARGHESE R5 BY ADV. SRI.SHAHUL HAMEED MOOPPAN R8 BY ADV. SRI.PRANOY K.KOTTARAM SRI.THOMAS ABRAHAM, SC FOR UNIVERSITY OF KERALA SRI.P.C. SADISHARAN, SC FOR CALICUT UNIVERSITY SRI.RAJIT, SC, BAR COUNCIL OF INDIA** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.02.2021, ALONG WITH WP(C).2161/2021(U), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C) Nos.26288/2020&2161/2021 : 3 : ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **FRIDAY, THE 26TH DAY OF FEBRUARY 2021/7TH PHALGUNA, 1942** ## **WP(C).No.2161 OF 2021(U)** ## **PETITIONER:** **NITHIN JOSEPH, AGED 22 YEARS, S/O LATE JOSEPH SEBASTIAN, PUTHENPURACKAL, MANATHOOR, PIZHAVU, P.O., KOTTAYAM-686651.** **BY ADVS. SRI.RAFEEK. V.K. SHRI.MANAS P HAMEED SHRI.ELDHO.N.MONCY** ## **RESPONDENTS:** - **1 STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, 5TH FLOOR, HOUSING BOARD BUILDING, SHANTHI NAGAR, THIRUVANANTHAPURAM-695001.** - **3 THE PRINCIPAL, GOVERNMENT LAW COLLEGE THIRUVANANTHAPURAM, BARTON HILL COLONY, KUNNUKUZHY, THIRUVANANTHAPURAM-695037.** - **4 THE PRINCIPAL, GOVERNMENT LAW COLLEGE THRISSUR, MADONA NAGAR, AYYANTHOLE, THRISSUR-680003.** - **5 THE PRINCIPAL, GOVERNMENT LAW COLLEGE ERNAKULAM, MARINE DRIVE, ERNAKULAM-682011.** WP(C) Nos.26288/2020&2161/2021 : 4 : **6 THE PRINCIPAL, GOVERNMENT LAW COLLEGE KOZHIKODE, VELLIMADUKUNNU, MARIKUNNU P O, KOZHIKODE-673012.** - **ADDL. 7 BAR COUNCIL OF INDIA, REPRESENTED BY ITS CHAIRMAN, NO.21, ROUSE AVENUE, INSTITUTIONAL AREA, NEW DELHI - 110002.** - **ADDL. 8 BAR COUNCIL OF KERALA, REPRESENTED BY ITS CHAIRMAN, BAR COUNCIL BHAVAN, HIGH COURT ROAD, KOCHI – 682 031.** - **ADDL. 9 MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS P.O, KOTTAYAM - 686560.** - **ADDL. 10 UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PALAYAM, THIRUVANANTHAPURAM, KERALA - 695034.** - **ADDL. 11 UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR, CALICUT ROAD, THENHIPALAM, KERALA – 673635.** **(ADDITIONAL RESPONDENTS R7 TO R11 ARE IMPLEADED AS PER ORDER DATED 10.02.2021 IN IA 1/2021 IN WPC 2161/2021.** **R8 BY ADV. SRI.PRANOY K.KOTTARAM** **R9 BY SHRI.ASOK M. CHERIAN, SC, M.G.UNIVERSITY R10 BY SHRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA R7 BY SRI. RAJIT R11 BY SRI.P.C. SASIDHARAN, SC R1-6 GOVERNMENT PLEADER SMT. K.M.RASHMI** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.02.2021, ALONG WITH WP(C).26288/2020(I), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C) Nos.26288/2020&2161/2021 : 5 : **J U D G M E N T** ~ ~ ~ ~ ~ ~ ~ ~ ~ ## _**Dated this the 26[th] day of February, 2021**_ [WP(C) Nos.26288/2020 & 2161/2021] WP(C) No.2161/2021 has been filed by the petitioner seeking to direct respondents 2 and 3, who are the Commissioner of Entrance Examinations and the Principal, Government Law College, Thiruvananthapuram to identify the vacancies in all the Government Law colleges in the State with regard to Integrated Five Year LLB Course 2020-'21 and to direct respondents 3 to 6 to conduct spot admissions to fill the vacancies expeditiously. 2. The petitioner applied for admission to Integrated Five Year LLB Course 2020-'21 in Law Colleges in Kerala. The petitioner could not obtain admission in the initial rounds of allotments. Subsequently, two spot admissions were conducted in Government Law College, Thiruvananthapuram, WP(C) Nos.26288/2020&2161/2021 : 6 : Government Law College, Thrissur and Government Law College, Ernakulam. The first spot admission was conducted on 27.10.2020 and the second spot admission was conducted on 30.11.2020. 3. The petitioner could not secure admission through these spot admissions. The learned counsel for the petitioner would contend that in spite of availability of vacancies still available in various colleges, the respondents are going to close the admissions without conducting a further spot admissions to fill up the vacancies. The petitioner therefore submitted representations before respondents 1 to 4. However, the representations of petitioner were not positively responded to. If admissions are closed without filling the vacancies, it will adversely affect a large number of aspiring students. 4. The learned counsel for the petitioner would contend that in spite of having vacancies in colleges, closing of admissions to the course of Integrated Five Year LLB Course 2020-'21 without conducting fresh spot admission, is WP(C) Nos.26288/2020&2161/2021 : 7 : unfair, unjust and unsustainable. There are still vacancies in various Colleges wherein the petitioner can be admitted. 5. Relying on the judgment of the Apex Court in _**Asha v. Pt. B.D. Sharma University of Health Science and Others.** [2012 (4) Supreme 511]_ , the learned counsel for the petitioner submitted that the Apex Court has held that though the authorities cannot grant admission beyond the cut off date which is specifically postulated, where a candidate has been denied admission for no fault of the candidate, such denial of admission will be arbitrary and the Court can direct the authorities to admit such student. Where denial of admission violates the right to equality and equal treatment of the candidate, it would be completely unjust and unfair to deny such exceptional relief to the candidate, contended the learned counsel for the petitioner. 6. Relying on the judgment of the Hon'ble High Court of Orissa at Cuttack in _**Hrusikesh Panda v. State of Orissa and Others** [119 (2015) CLT 713]_ , the learned counsel for the petitioner pointed out that the judgment of the Hon'ble Apex WP(C) Nos.26288/2020&2161/2021 : 8 : Court was followed by the Hon'ble High Court of Orissa and relief was granted to students, who were arbitrarily denied admission. 7. I have heard the learned counsel for the petitioner and the respondents. 8. It is to be noted that the petitioner has participated in spot admissions for LLB Five Year Course. In view of the lower merit of the petitioner, he could not get admitted. After the cut off date for closing admissions to the Course, if vacancies arise due to non-joining of students selected or due to abandonment of course by students, the petitioner does not get a right to get admission against those vacancies, for the sole reason that vacancies are subsisting. 9. In this case, the learned Government Pleader as well as the learned Standing Counsel for the University would submit that the first semester of course is already coming to an end and even if the petitioner is admitted to the Course, the petitioner will not be able to acquire the requisite number of attendance to complete the semester. WP(C) Nos.26288/2020&2161/2021 : 9 : 10. The learned counsel for the petitioner would argue that even if the petitioner will not be able to appear for the first semester examination due to want of attendance, he will be able to write the examination and pass the first semester examination also at the end of the second semester. This Court is unable to agree with that proposition, as it will amount to diluting the standards of education. In such circumstances, I do not find any justifiable reason to interfere with the matter at the instance of the petitioner. 11. W.P.(C) No.26288/2020 has been filed by another aspirant to 3 year LLB Course. The petitioner was ranked 501 in the Kerala Law Entrance Examination (KLEE). The grievance of the petitioner is that the Prospectus contained clauses which mandated that original pass certificate and other documents should be produced at the time of admission. The petitioner made enquiries and found that the 5[th] respondent did not produce the original pass certificate and transfer certificate which are mandatorily required to be produced under the Prospectus. WP(C) Nos.26288/2020&2161/2021 : 10 : 12. Relying on the judgment of the Apex Court in _**Varun Kumar Agarwal v. Union of India and Others** [CDJ 2011 DHC 264]_ , the learned counsel for the petitioner pointed out that liberal construction of the terms and conditions of the brochure and prospectus, is to be condemned. When the prospectus is crystal clear as to the admission procedure, no relaxation can be granted. No modification can be made in this regard by the Court also, in exercise of powers under Article 226 of the Constitution of India. Whenever a notification calling for a fixed date and time within which the applications are to be received, whether send through post or any other mode, that time schedule has to be adhered to in letter and spirit. 13. The learned counsel for the petitioner further argued that when the terms and conditions of the brochure use peremptory language, and it cannot be held to be merely directory. They have to be treated as mandatory. When the brochure for admission to the LLB Course mandated that the candidates coming for admission shall produce original pass WP(C) Nos.26288/2020&2161/2021 : 11 : certificate and Transfer Certificate, the Principals have no power or authority to relax such condition. It was by extending illegal relaxation, that the 5[th] respondent was admitted to the Course. 14. In this regard, a statement has been filed by the learned Government Pleader on behalf of the 2[nd] respondent. In the statement, it has been explained that the 5[th] respondent produced Provisional Certificate of Engineering Degree issued from the Pondicherry University at the time of admission, to prove that he has passed the B.Tech examination with first class. A Provisional Certificate indeed is a certificate evidencing passing of the candidate in the examination. 15. The learned counsel for the petitioner submitted that the provisional certificate is valid only for six months. Therefore, such a certificate cannot be accepted. The pleadings in the writ petition does not indicate that the petitioner has produced Provisional Certificate after the expiry of of its validity period. WP(C) Nos.26288/2020&2161/2021 : 12 : 16. Another argument of the learned counsel for the petitioner is that the 5[th] respondent did not produce Transfer Certificate at the time of admission. The learned Government Pleader, in the statement filed on behalf of the 2[nd] respondent, submitted that the 5[th] respondent had joined for Masters Degree in Business Administration by giving his Transfer Certificate issued from the Pondicherry University. The ICFAI University from where the 5[th] respondent comes does not issue Transfer Certificate on completion of Masters programme. The 5[th] respondent produced a copy of the communication received from the ICFAI University to evidence the same. It was on that basis that the Principal of the College admitted the 5[th] respondent. 17. I find that there is no relaxation as such granted to the 5[th] respondent. There is nothing on record to show that the Provisional Certificate produced by the 5[th] respondent was after the expiry of the validity of the certificate or that it is a copy of the original. Similarly, when an educational Institution does not issue Transfer Certificate and issues a letter WP(C) Nos.26288/2020&2161/2021 : 13 : evidencing the said fact, action of the Principal in accepting that communication in lieu of Transfer Certificate, cannot be treated as granting relaxation. In such circumstances, I do not find any merit in both the writ petitions and the writ petitions are hence dismissed. Sd/- **N. NAGARESH, JUDGE** aks/26.02.2021 WP(C) Nos.26288/2020&2161/2021 : 14 : ## **APPENDIX OF WP(C) 26288/2020** **PETITIONER'S EXHIBIT** **EXHIBIT P1** **COPY OF THE CANDIDATE DATA SHEET ISSUED BY THE 1ST RESPONDENT.** **EXHIBIT P2** **TRUE COPY OF THE NOTIFICATION NO.C/ADMN/2020-2021 PUBLISHED BY THE 2ND RESPONDENT REGARDING THE SPOT ALLOTMENT/ADMISSION DATED 19.11.2020.** - **EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF THE ADMISSION TO PROSPECTUS FOR THREE-YEAR LLB COURSE 2020-2021 PUBLISHED BY THE 1ST RESPONDENT.** - **EXHIBIT P4 TRUE COPY OF THE PROFILE OF 5TH RESPONDENT AS UPLOADED BY 5TH RESPONDENT IN LINKEDIN AND DOWNLOADED BY THE PETITIONER.** **EXHIBIT P5 TRUE COPY OF THE PROFILE OF 5TH RESPONDENT AS UPLOADED BY 5TH RESPONDENT IN FACEBOOK AND DOWNLOADED BY THE PETITIONER.** **EXHIBIT P6 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER WITH THE 2ND RESPONDENT DATED 24.11.2020 WITH ENDORSEMENT OF THE REJECTION ORDER.** **EXHIBIT P7 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE AKHIL MOHAMMED, VICE PRESIDENT AND RAHIB K.Y., CONVENOR OF KERALA STUDENTS UNION, GOVERNMENT LAW COLLEGE ERNAKULAM DATED 24.11.2020 TO 2ND RESPONDENT.** **EXHIBIT P8 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER WITH THE 1ST RESPONDENT DATED 25.11.2020.** WP(C) Nos.26288/2020&2161/2021 : 15 : **EXHIBIT P9 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER WITH THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY DATED 25.11.2020 ALONG WITH RELEVANT PAGES OF PROSPECTUS.** **EXHIBIT P10 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER WITH THE PUBLIC INFORMATION OFFICER, GOVERNMENT LAW COLLEGE, ERNAKULAM DATED 25.11.2020.** - **EXHIBIT P11 TRUE COPY OF THE RANK CERTIFICATE ISSUED BY THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY DATED 13.05.2019.** - **EXHIBIT P12 TRUE COPY OF THE TRANSFER CERTIFICATE ISSUED TO THE PETITIONER DATED 06/07/2018 FROM MAHATMA GANDHI UNIVERSITY, KOTTAYAM** - **EXHIBIT P13 TRUE COPY OF THE COURSE AND CONDUCT CERTIFICATE ISSUED TO THE PETITONER DATED 06/07/2018 FROM SCHOOL OF COMMUNICATION AND JOURNALISM, MAHATMA GANDHI UNIVERSITY KOTTAYAM.** - **EXHIBIT P14 TRUE COPY OF THE GRADE CARD ISSUED TO THE PETITIONER FROM SCHOOL OF COMMUNICATON AND JOURNALISM, MAHATMA GANDHI UNIVERSITY DATED 19/06/2015.** - **EXHIBIT P15 TRUE COPY OF THE FACULTY OF LANGUAGE AND LITERATURE ISSUED BY THE MAHATMA GANDHI UIVERSITY DATED 08/09/2016.** - **EXHIBIT P16 TRUE COPY OF THE REPLY GIVEN BY THE PUBLIC INFORMATION OFFICER TO THE PETITIONER DATED 24.12.2020** - **EXHIBIT P17 TRUE COPY OF THE NOMINAL ROLL OF THE STUDENTS OF 1ST SEMESTER 3 YEAR LLB (UNITARY) (2020-2021) ADMISSION A BATCH AND B BATCH MAINTAINED WITH THE GOVERNMENT LAW COLLEGE ERNAKULAM.** WP(C) Nos.26288/2020&2161/2021 : 16 : **EXHIBIT P18 TUE COPY OF THE APPEAL AND APPLICATION SUBMITTE BY THE PETITIONER BEFORE THE APPELLATE AUTHORITY/2ND RESPONDENT UNDER THE RIGHT TO INFORMATION ACT DATED 07.01.2021** **EXHIBIT P19 TRUE COPY OF THE LETTER NO. TA 2/71/3 LLB/PPK DATED 16.11.2020 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT. EXHIBIT P20 TRUE COPY OF THE LIST OF CANDIDATES WHO PARTICIPATED IN THE SPOT ADMISSION FOR 3 YEAR LLB 2020-2021 ADMISSION HELD ON 30-12-2020.** WP(C) Nos.26288/2020&2161/2021 : 17 : ## **APPENDIX OF WP(C) 2161/2021** **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF CANDIDATE'S DATA SHEET ISSUED BY THE 2ND RESPONDENT.** **EXHIBIT P2 TRUE COPY OF REPRESENTATION DATED 25/01/2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST AND 2ND RESPONDENTS.** **EXHIBIT P3 TRUE COPY OF REPRESENTATION DATED 25/01/2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD AND 4TH RESPONDENTS.** SR