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Kerala High Court

Fathima M.Kasim vs State Of Kerala on 19 November, 2021

Author: Amit Rawal

Bench: Amit Rawal

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                    THE HONOURABLE MR. JUSTICE AMIT RAWAL
         Friday, the 19th day of November 2021 / 28th Karthika, 1943
                        W.P.(C) NO. 24246 OF 2021 (E)
PETITIONER:

     FATHIMA. M.KASIM, AGED 34 YEARS ,W/O.MOHAMMED SHAMEER.M., ASSISTANT
     PROFESSOR, DEPARTMENT OF ELECTRICAL AND ELECTRONICS ENGINEERING
     T.K.M. COLLEGE OF ENGINEERING, KOLLAM-691 005.

RESPONDENTS:

  1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HIGHER
     EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
  2. THE DIRECTOR OF TECHNICAL EDUCATION, DIRECTORATE OF TECHNICAL
     EDUCATION, THIRUVANANTHAPURAM-695 001.
  3. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION, 7TH FLOOR, CHANDRALOK
     BUILDING, JANPATH, NEW DELHI-110 001, REPRESENTED BY ITS CHAIRMAN.
  4. NATIONAL QUALITY IMPROVEMENT PROGRAMME CO-ORDINATION COMMITTEE,
     REPRESENTED BY ITS PRINCIPAL CO-ORDINATOR QIP, HEAD, CENTRE FOR
     EDUCATIONAL TECHNOLOGY, INDIAN INSTITUTE OF TECHNOLOGY GUWAHATI,
     GUWAHATI-781 039, ASSAM.
  5. THE NATIONAL INSTITUTE OF TECHNOLOGY, CALICUT, CALICUT MUKKAM ROAD,
     KATTANGAL, KERALA, REPRESENTED BY ITS REGISTRAR. 673602
  6. ZUBIN.J.B, ASSISTANT PROFESSOR, DEPARTMENT OF ELECTRICAL
     ENGINEERING, COLLEGE OF ENGINEERING TRIVANDRUM,
     THIRUVANANTHAPURAM-695 016.
  7. SERA MATHEW, ASSISTANT PROFESSOR, DEPARTMENT OF ELECTRICAL &
     ELECTRONICS ENGINEERING, MAR ATHANASIUS COLLEGE OF ENGINEERING,
     KOTHAMANGALAM, ERNAKULAM-686 666.
  8. THE PRINCIPAL, T.K.M. COLLEGE OF ENGINEERING, T.K.M. COLLEGE P.O.,
     KOLLAM-691 0065.

     Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to (1) stay the operation of Ext.P6 select list to the extent of
recommending respondents 6 and 7 for admission to 5th respondent's
institute to undergo advance admission to Ph.D Programme for the academic
years 2021-2022 (final admission:2022-2023) under the Quality Improvement
Programme sponsored by the AICTE in preference to the petitioner, pending
decision in the above writ petition; (2) direct respondents 3 to 5 to
provisionally permit the petitioner to undergo advance admission to Ph.D
Programme for the academic years 2021-22 (final admission: 2022-2023)
under the Quality Improvement Programme sponsored by the AICTE in NIT
Calicut based on the rank assigned to her by the 5th respondent, pending
decision in the above writ petition.
     This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
12.11.2021 and upon hearing the arguments of M/S.M.R.ANISON, V.BHARGAVI
& P.A.RINUSA, Advocates for the petitioner, GOVERNMENT PLEADER for R1 & R2
 (B/O), SHRI.SAJITH KUMAR V., STANDING COUNSEL for R3 & R4 (B/O), M/S.SHYAM
PADMAN, C.M.ANDREWS, BOBY M.SEKHAR, LAYA MARY JOSEPH, HARISH ABRAHAM,
ASHWATHI SHYAM, MUHAMMED SUHAIL THANGAL.A. Advocates for R5 and of SHRI.
C.HARINDRAMOHAN NAIR Advocate for R6, the court passed the following:

                                                                  [P.T.O.]
                             AMIT RAWAL, J
                           -----------------------
                      W.P.(C) No.24246 of 2021
                            ----------------------
              Dated this the 19th day of November, 2021

                                    ORDER

Learned counsel for the contesting 4th respondent submits that the observation recorded in the order dated 12.11.2021 could not be complied with as they did not receive sufficient material. Since it is a case of admission to the Ph.D., I grant last opportunity subject to the payment of cost of Rs.2,500/- to be paid to the Bar Association, High Court of Kerala from the personal account of the person responsible in not sending the information to the counsel for the 4th respondent.

The reply affidavit on behalf of the petitioner to the statement of respondent Nos.3 & 4 is taken on record. Registry is directed to paginate the same.

Post on 03.12.2021.

Sd/-

AMIT RAWAL JUDGE VV 19-11-2021 /True Copy/ Assistant Registrar