W.P.(C) Nos.42224, 42281 & 42803 of 2022

W.P.(C) Nos.42224, 42281 & 42803 of 2022 : 1 : ## IN THE HIGH COURT OF KERALA AT ERNAKULAM ## PRESENT ## THE HONOURABLE MR. JUSTICE SHAJI P.CHALY FRIDAY, THE 3[RD] DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944 ## WP(C) NO. 42224 OF 2022 ## PETITIONER/S: ADWAITH S.K AGED 18 YEARS S/O KAILASANATHAN K.P, TC 53/2066-3, KATHIRATTIL PURATHOOT, THATTANVILA, PAPPANAMCODE P.O, THIRUVANANTHAPURAM, PIN – 695 018. BY ADVS. K.S.PRENJITH KUMAR S.MANU JISMIN JOSE BEA MARY BENNY ## RESPONDENT/S: - 1 THE COMMISSIONER FOR ENTRANCE EXAMINATION OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATION, HOUSING BOARD BUILDING, SHANTHI NAGAR, THIRUVANANTHAPURAM, PIN – 695 001. - 2 THE GOVERNMENT OF KERALA REP BY THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM., PIN – 695 001. - 3 THE PRINCIPAL, GOVERNMENT LAW COLLEGE, BARTON HILL, KUNNUKUZHY, THIRUVANANTHAPURAM,, PIN – 695 035. - 4 THE PRINCIPAL, KERALA LAW ACADEMY LAW COLLEGE, PEROORKKADA, THIRUVANANTHAPURAM, PIN – 695 005. BY ADVS. ADVOCATE GENERAL OFFICE KERALA SRI.P.G.PRAMOD, GOVERNMENT PLEADER(GP-50) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.02.2023, ALONG WITH WP(C).42281/2022 & 42803/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) Nos.42224, 42281 & 42803 of 2022 : 2 : IN THE HIGH COURT OF KERALA AT ERNAKULAM ## PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY FRIDAY, THE 3[RD] DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944 ## WP(C) NO. 42281 OF 2022 ## PETITIONER/S: - 1 ALKA VINOD, AGED 19 YEARS D/O. K. VINOD KUMAR, KAUMUDY, AVANAVANCHERY P.O. ATTINGAL, THIRUVANANTHAPURAM, 695 103. - 2 VERONICA JOHN FRANCIS, AGED 18 YEARS D/O. D. VINU FRANCIS VINU VILLA, MUTTATHIL P.O., PERINAD, KOLLAM. 691 601. - 3 NAFEESA NOURIN P. AGED 19 YEARS D/O. ASHRAF PALAKKAL, PALAKKAL HOUSE, DWEEP ROAD, MOOCHIKKAL, VALANCHERY, MALAPPURAM-676 552. - 4 VARSHA JOSEPH AGED 19 YEARS D/O. P.V.JOSEPH, PALLIPARAMBIL (H), C.M.C.-30, WEST OF CHUDUKAD JN. CHERTHALA, ALAPPUZHA- 688 524. BY ADVS. SAJU JOHN JELSON J.EDAMPADAM ## RESPONDENT/S: - 1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. - 2 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM- 695 001. - 3 THE PRINCIPAL GOVT. LAW COLLEGE-THIRUVANANTHAPURAM, BARTON HILL, KUNNUKUZHY P.O, THIRUVANANTHAPURAM.695 035. - 4 THE PRINCIPAL GOVT. LAW COLLEGE-ERNAKULAM, PARK AVENUE, MARINE DRIVE P.O, ERNAKULAM,682 011. - 5 THE PRINCIPAL GOVT. LAW COLLEGE-THRISSUR, AYYANTHOLE P.O, ## W.P.(C) Nos.42224, 42281 & 42803 of 2022 : 3 : THRISSUR.680 003. BY ADVS. ADVOCATE GENERAL OFFICE KERALA SRI.P.G.PRAMOD, GOVERNMENT PLEADER(GP-50) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.02.2023, ALONG WITH WP(C).42224 & 42803 OF 2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) Nos.42224, 42281 & 42803 of 2022 : 4 : IN THE HIGH COURT OF KERALA AT ERNAKULAM ## PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY FRIDAY, THE 3[RD] DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944 ## WP(C) NO. 42803 OF 2022 ## PETITIONER/S: AROMAL RAJ . R AGED 21 YEARS S/O. RAJEEV KUMAR. L, NO. 15 CUSTOMS QUARTERS, WILLINGTON ISLAND, ERNAKULAM, PIN – 682 003. BY ADV V.S.THOSHIN ## RESPONDENT/S: - 1 THE COMMISSIONER FOR ENTRANCE EXAMINATION HOUSE BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM, PIN – 695 001. - 2 THE PRINCIPAL, GOVERNMENT LAW COLLEGE,ERNAKULAM MARINE DRIVE, ERNAKULAM, PIN – 682 011. BY ADV THOSHIN V.S THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.02.2023, ALONG WITH WP(C).42224 & 42281 OF 2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## W.P.(C) Nos.42224, 42281 & 42803 of 2022 : 5 : ## **SHAJI P. CHALY, J.** --------------------------------------------------------W.P.(C) Nos. 42224, 42281 & 42803 of 2022 --------------------------------------------------------Dated this the 3[rd] day of February, 2023. ## **JUDGMENT** Writ Petitions are materially connected in respect of claims raised by the petitioners, who are already admitted law students in Self Financing institutions, for allotment in Government Law Colleges consequent to the 10% additional seats granted by the Bar Council of India for Five Year LLB course. On enhancement of the seats, the Commissioner for Entrance Examinations, Kerala, issued Exhibit P6 guidelines dated 20.12.2022 produced in W.P.(C) No. 42224 of 2022 prescribing the eligibility to participate in the stray vacancy filling. 2. From the eligibility criteria prescribed in the guidelines, it is clear that a candidate is eligible to participate in stray vacancy filling allotments, if he is not admitted in the Integrated Five Year LLB course upto the second round of centralized allotments and those who are not allotted in Integrated Five Year LLB course through mop-up counseling, irrespective of admission status. 3. That apart, yet another eligibility criteria is that if vacancy exist after first two lists are exhausted, any candidate specifying the eligibility conditions mentioned in the guidelines may be considered W.P.(C) Nos.42224, 42281 & 42803 of 2022 : 6 : for admitting to the remaining stray vacancies; but candidates allotted to the course through mop-up counselling and candidates admitted to the course through phases upto second round of centralised allotments conducted by the Commissioner for Entrance Examinations and the candidates included in the Allotment List (List-I of the lists for Stray Vacancy Filling) will not be considered. It is, thus, challenging the legality and correctness of the said eligibility criteria, writ petitions are filed. 4. In fact, the question with respect to the filling up of stray vacancy on account of 10% increase made by the Bar Council of India vis-a-vis students admitted in Self Financing colleges was considered by a learned single Judge of this Court in _**Cicily Grashious v. State of Kerala**_ [2021 (1) KLT 784] and held that in the light of the decision of the Apex Court in _**Arvind Kumar Kankane v. State of U.P and Ors.**_ [(2001) 8 SCC 355], the decision taken by the Commissioner for Entrance Examinations that the additional seats as well as the vacancies shall be filled up only from among those who did not get admission, is not illegal. The said judgment was upheld by a Division Bench of this Court (to which I am a party) in _**Cisly Grashioius v. State of Kerala**_ [2020 SCC Online Ker 24192]. 5. That apart, later, the said judgments were followed by a W.P.(C) Nos.42224, 42281 & 42803 of 2022 : 7 : learned single Judge of this Court and rendered a common judgment dated 16.01.2023 in W.P.(C) No. 42752 of 2022 and 42835 of 2022. Taking into consideration the above Judgments, this Court dismissed W.P.(C) No 42709 of 2022 as per judgment dated 30.01.2023; however, in which an observation is made to consider any meritorious person in the event of any seats remaining vacant after the admission process. Therefore, it can be seen that the issue raised by the petitioners in respect of those who have already secured admission in Self Financing Colleges seeking admission to stray vacancies, is well settled and covered against the petitioners. In that view of the matter, the petitioners are not entitled to get any reliefs as are sought for by them. Writ petitions fail and accordingly, they are dismissed. The principles of law evolved in the said judgments, and the observation made in the Judgment in W.P. (C) No 42709 of 2022 dated 30.01.2023 would squarely apply to these cases as well. sd/- **SHAJI P. CHALY, JUDGE.** Rv — : 8 : ## W.P.(C) Nos.42224, 42281 & 42803 of 2022 ## APPENDIX OF WP(C) 42224/2022 PETITIONER’S EXHIBITS: Exhibit P1 TRUE COPY OF THE PROSPECTUS (WITHOUT ANNEXURES) ISSUED BY THE 1ST RESPONDENT Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF THE FINAL RANK LIST OF ENTRANCE EXAMINATION DATED 10.10.2022 PUBLISHED BY THE 1ST RESPONDENT. Exhibit P3 TRUE COPY OF THE ALLOTMENT LETTER DATED 7.11.2022 ISSUED BY THE 1ST RESPONDENT Exhibit P4 A TRUE COPY OF THE GO(RT) NO.1794/2022/HEDN DATED 02.12.2022 ISSUED BY THE 2ND RESPONDENT. Exhibit P5 A TRUE COPY OF THE LETTER NO. BCI:D:1728/2022(LE) DATED 8.12.2022 ISSUED BY THE JOINT SECRETARY, BAR COUNCIL OF INDIA TO THE 3RD RESPONDENT. Exhibit P6 A TRUE COPY OF THE STRAY VACANCY FILLING ROUND GUIDELINES DATED 20.12.2022 ISSUED BY THE 1ST RESPONDENT. Exhibit P7 A TRUE COPY OF THE LIST OF VACANT SEATS AVAILABLE IN VARIOUS LAW COLLEGES FOR STRAY VACANCY ROUND. ## RESPONDENTS’ EXHIBITS: NIL True Copy rv PS To Judge. ## W.P.(C) Nos.42224, 42281 & 42803 of 2022 : 9 : ## A PPENDIX OF WP(C) 42281/2022 ## PETITIONERS’ EXHIBITS: Exhibit P1 THE TRUE COPY OF THE PROSPECTUS FOR ADMISSION TO INTEGRATED FIVE YEAR LLB COURSE, KERALA 2022-23, ISSUED BY THE 2ND RESPONDENT Exhibit P2 TRUE COPY OF THE NOTIFICATION FOR MOP UP ALLOTMENT DATED 25.11.2022, ISSUED BY THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF THE LETTER DATED 08.12.2022, ISSUED BY THE BAR COUNCIL OF INDIA TO THE 3RD RESPONDENT Exhibit P4 TRUE COPY OF THE NOTIFICATION FOR STRAY VACANCY FILLING, ALONG WITH ITS GUIDELINES DATED 20.12.2022, ISSUED BY THE 2ND RESPONDENT. Exhibit P5 TRUE COPY OF THE ALLOTMENT LIST FOR STRAY VACANCY ROUND DATED 20.12.2022, PUBLISHED BY THE 2ND RESPONDENT. Exhibit P6 TRUE COPY OF THE FIRST PAGE OF THE LIST OF VACANT SEATS ROUND DATED 20.12.2022, PUBLISHED BY THE 2ND RESPONDENT. Exhibit P7 TRUE COPY OF THE EMAIL DATED 14.12.2022, SENT BY THE 1ST PETITIONER, ALONG WITH THE REPLY ISSUED BY THE 2ND RESPONDENT. Exhibit P8 TRUE COPY OF THE EMAIL DATED 20.12.2022, SENT BY THE 1ST PETITIONER ## RESPONDENTS’ EXHIBITS: NIL True Copy PS To Judge. rv ## W.P.(C) Nos.42224, 42281 & 42803 of 2022 : 10 : ## APPENDIX OF WP(C) 42803/2022 PETITIONERS’ EXHIBITS: Exhibit P1 THE TRUE COPY OF THE CANDIDATE DATE SHEET OF THE PETITIONER. Exhibit P2 THE TRUE COPY OF THE FIRST PHASE ALLOTMENT DATED 9/11/2022. ExhibitP3 THE TRUE COPY OF THE PAYMENT TRANSACTION AS THE MOP-UP ALLOTMENT FEE DATED 28/11/2022. ExhibitP4 THE NOTIFICATION OF THE MOP-UP ALLOTMENT BY THE 1ST RESPONDENT DATED 30/11/2022. ExhibitP5 THE TRUE COPY OF THE GUIDELINE ISSUED BY THE 1ST RESPONDENT DATED 22/12/2022. ## RESPONDENTS’ EXHIBITS: NIL True Copy rv PS To Judge.