Kerala High Court
Surnnal Thomas vs Kerala Veterinary And Animal Science ... on 15 June, 2016
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 7TH DAY OF FEBRUARY 2018 / 18TH MAGHA, 1939
WP(C).No. 32935 of 2017
PETITIONER(S) :
1 SURNNAL THOMAS,
S/O. THOMAS V.M., AGED 20 YEARS, VAZHIKUDILIL HOUSE,
AMBUKUTHY, MANANTHAVADY P.O., WAYANAD.
2 CHINNU MURUGAN.S,
D/O. MURUGAN, AGED 23 YEARS, HOUSE NO.23/39, AMMA VEEDU,
VALIYASALA, CHALAYI P.O., THIRUVANANTHAPURAM.
BY ADV.SRI.CIBI THOMAS
RESPONDENT(S) :
1. KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY,
LAKKIDI P.O., POOKODE, WAYANAD DISTRICT - 673 576,
REPRESENTED BY REGISTRAR.
2. THE DIRECTOR (ACADEMIC AND RESEARCH),
KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY,
LAKKIDI P.O., POOKODE, WAYANAD DISTRICT - 673 576.
3. THE VICE CHANCELLOR,
KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY,
LAKKIDI P.O., POOKODE, WAYANAD DISTRICT - 673 576.
4. STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF AGRICULTURE,
SECRETARIAT, THIRUVANANTHAPURAM.
R1 TO R3 BY ADV. SRI.T.K.SAJEEV, S.C
R4 BY GOVERNMENT PLEADER SMT.RENJITHA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 07-02-2018, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Msd.
WP(C).No. 32935 of 2017 (N)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1. A TRUE COPY OF THE CERTIFICATE ISSUED TO THE 1ST
PETITIONER ON COMPLETION OF THE DIPLOMA
COURSE.
EXHIBIT P2. A TRUE COPY OF THE TRANSCRIPT OF RECORD OF
WORK ISSUED TO THE 1ST PETITIONER.
EXHIBIT P3. A TRUE COPY OF THE CERTIFICATE ISSUED TO THE 2ND
PETITIONER ON COMPLETION OF THE DIPLOMA COURSE.
EXHIBIT P4. A TRUE COPY OF THE TRANSCRIPT OF RECORD OF
WORK ISSUED TO THE 2ND PETITIONER.
EXHIBIT P5. A TRUE COPY OF THE NOTIFICATION DATED 15.6.2016
ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P6. A TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P7. A TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P8. A TRUE COPY OF THE INTERIM ORDER DATED 19.9.2017
PASSED IN W.P.(C)NO. 30050/2017
EXHIBIT P9. A TRUE COPY OF THE NOTIFICATION DATED 27.9.2017
ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P10. A TRUE COPY OF THE 2ND NOTIFICATION DATED 27.9.2017.
EXHIBIT P11. A TRUE COPY OF THE NOTIFICATION INVITING
APPLICATIONS FOR ADMISSION TO B.TECH COURSE IN
THE 2 SEATS RESERVED FOR DIPLOMA HOLDERS IN
DIARY SCIENCE.
EXHIBIT P12. A TRUE COPY OF THE LIST OF APPLICANTS AND
SELECTED PERSONS IN THE QUOTA OF POULTRY
PRODUCTION AND LABORATORY TECHNIQUES
DIPLOMA HOLDERS FOR THE ACADEMIC YEAR 2016-17.
EXHIBIT P13. G.O(MS)NO.193/2014/AD DATED 12.09.2014.
EXHIBIT P14. A TRUE COPY OF THE GOVERNMENT ORDER NO.503/2017/AHD
DATED 27.09.2017.
RESPONDENT(S)' EXHIBITS :
EXHIBIT R1(A): TRUE COPY OF THE ORDER G.O(MS)NO.193/2014/AD
DATED 12.09.2014.
WP(C).No. 32935 of 2017 (N)
EXHIBIT R1(B): TRUE COPY OF THE ORDER G.O(MS)NO.503/2017/AHD
DATED 27.09.2017.
//TRUE COPY//
P.S.TO JUDGE
Msd.
ANU SIVARAMAN, J.
= = = = = = = = = = = = = = =
W.P.(C).No.32935 of 2017
= = = = = = = = = = = = = = =
Dated this the 7th day of February, 2018
JUDGMENT
1. This writ petition is filed with the following prayers:-
a)issue a writ of certiorari calling for the records relating to Exts.P9 and P10 and quash the original of the same to the extent it fixes qualification limit to the applicants below the rank of 30000 in the NEET ranked list and to the extent it includes diploma holders in Dairy Sciences along with diploma holders in Poultry Production and Laboratory Techniques.
a(i) issue a writ of certiorari calling for the records leading to Ext.P14 and quash the same.
a(ii) declare that Ext-P14 is vitiated by mala fides and is therefore not sustainable in the eye of law.
b) issue a writ of mandamus or any appropriate writ order or direction directing the respondents to admit the petitioners in the existing seats of the quota of Diploma holders.
c) Issue a writ of mandamus or any appropriate writ order or direction, directing directing the respondents to give weightage to the petitioners on the basis of their seniority in acquiring qualification of diploma last year and admit them to the BVSc & AH course for the year 2017-2018.
d) declare that the action of the respondents in denying the legitimate right of the petitioners who obtained the diploma in the previous year to get admission to the supernumerary seats is illegal and arbitrary."
2. The learned counsel for the petitioners would contend that the notification with regard to the diploma quota had been issued W.P.(C).No32935/17 2 only on the request made by the petitioners herein. It is submitted that they had earlier approached this Court and by interim order dated 19.9.2017 in W.P.(C).No.3050/2017, two seats in the diploma quota had been directed to be kept vacant, if there is provision under law to make admission to BVSc & AH course from the said quota. It is contended that only one person has been accommodated against the said post and the two posts are still lying vacant. It is further contended that the petitioners' only disqualification is that their rank is above 30000 in the NEET rank list and since there are two seats vacant, the petitioners should be permitted to be considered for admission.
3. A statement has been filed on behalf of the 4 th respondent contending that Exts.P9 and P10 notifications are issued by the University based on Ext.P14 Government Order dated 27.9.2017. It is stated that as evident from Ext.P14, the 20 th Academic Council of the 1st respondent University had taken a decision to reduce the supernumerary seats earmarked for W.P.(C).No32935/17 3 diploma holders in the BSc & AH course from 5 to 2. It is stated that while considering the recommendation of the Academic Council, the Government thought it fit to limit the admissions to persons having rank below 30000 in the NEET rank list. It is stated that the intention is to see that only meritorious students are admitted in the supernumerary seats. It is stated that the University and the Government being the competent authorities are well within their power in fixing the number of seats as also prescribing the criteria for admission. It is further contended that since the supernumerary posts had been created by a Government Order, the Government is fully competent to cancel the allocation of the supernumerary seats to the diploma holders as well. By Exhibit P14 order, the decision is to stop the allocation of supernumerary seats for diploma holders from the next academic year and to limit the number of seats into current year to 3. A further condition has been imposed that only persons having rank below 30000 in the NEET rank list will be considered for admission. The University also supported the stand of the Government. W.P.(C).No32935/17 4
4. I have considered the contentions advanced. The petitioners are diploma holders. They challenge Exhibit P14 Government Order as well as the notification issued with regard to admission to the diploma quota. The qualifications and eligibility for admission to the diploma quota are matters to be considered by the Government and the University which are the appropriate authorities in this matter. It is pertinent to note that the quota itself had come into existence only pursuant to Exhibit P13 Government Order dated 12.9.2014. The Government had earmarked five seats as supernumerary for accommodating the diploma holders. By Exhibit P14 order, on a recommendation of the Academic Council of the University, the Government had decided to do away with the quota for the next academic year onwards. With respect to the current academic year, the Government decided that admission should be made only on satisfying the four conditions specified in Exhibit P14. I am unable to find any illegality, lack of jurisdiction or arbitrary exercise of power on the part of the Government in issuing Exhibit P14 Government W.P.(C).No32935/17 5 Order. Since the petitioners are admittedly not qualified going by the conditions specified in Ext.P14, I am of the opinion that the claim raised by them to be admitted against the two vacant seats om the BVSc & AH course cannot be entertained. The writ petition fails and is accordingly dismissed.
sd/-
Anu Sivaraman, Judge sj9/2