Kerala High Court
Aiswarya Sabulal vs Union Of India on 10 September, 2021
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
Friday, the 10th day of September 2021 / 19th Bhadra, 1943
WP(C) NO. 18067 OF 2021(G)
PETITIONER:
AISWARYA SABULAL AGED 18 YEARS D/O. S.SABULAL, RESIDING AT
PUTHOORAM, S.V.PURAM P.O., VATTAPLAMMOODU, VARKALA, TRIVANDRUM-695
145.
RESPONDENTS:
1. UNION OF INDIA REPRESENTED BY THE SECRETARY (MINISTRY OF TEXTILES),
UDYOG BHAVAN, NEW DELHI-110 011.
2. NATIONAL INSTITUTE OF FASHION TECHNOLOGY REPRESENTED BY ITS DIRECTOR
GENERAL, NIFT CAMPUS, HAUZ KHAS, NEAR GULMOHAR PARK, NEW DELHI-110
016.
3. DIRECTOR, NATIONAL INSTITUTE OF FASHION TECHNOLOGY, NIFT CAMPUS,
DHARMASALA, MANGATTUPARAMBA, KANNUR-670 562.
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 direct the respondents 2 and 3 to allow the petitioner to
attend the classes of B.F.Tech (Apparel Production) at 3rd respondent
Institution or in any other Insistution of the 2nd respondent till the
final decision in the Writ Petition in the interest of justice.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/s.D.P.RENU, V.R.LAKSHMI Advocates for the petitioner and of ASSISTANT
SOLICITOR GENERAL OF INDIA for respondents, the court passed the
following:
P.B.SURESH KUMAR, J.
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W.P.(C) No.18067 of 2021
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Dated this the 10th day of September, 2021.
ORDER
Admit.
Assistant Solicitor General of India takes notice for the respondents.
2. The petitioner has applied for admission to B.F.Tech (Apparel Production) course offered by the second respondent (NIFT) in the quota earmarked for Other Backward Communities. Though the admission of the petitioner was confirmed at the Kannur Campus of the NIFT, it is alleged by the petitioner that she is now denied admission on the ground that she has withdrawn her claim for admission online availing the facility provided for the same in the admission portal of the NIFT. According to the petitioner, she has not withdrawn her claim for admission for the course and if at all the admission W.P.(C) No.18067 of 2021 2 portal shows otherwise, the same can only be due to some technical glitch.
3. The learned Assistant Solicitor General Of India appearing for the respondents submits that the admission portal of the NIFT is a foolproof one and there is no scope for any technical glitch. However, it was submitted by the learned Assistant Solicitor General of India on a query from the court that the quota for admission earmarked for Other Backword Communities is yet to be filled up in full.
In the circumstances, without going into the dispute between the parties, having regard to the fact that the admission of the petitioner is once confirmed, I deem it appropriate to pass an interim order directing the respondents to accommodate the petitioner for the course in one of the existing vacancies earmarked for Other Backward Communities. Ordered accordingly.
Sd/-
P.B.SURESH KUMAR, JUDGE Mn 10-09-2021 /True Copy/ Assistant Registrar