Kerala High Court
Amaljith.C.Anu vs Mahatma Gandhi University on 17 April, 2018
Author: Antony Dominic
Bench: Antony Dominic, Dama Seshadri Naidu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ANTONY DOMINIC
&
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
TUESDAY, THE 29TH DAY OF MAY 2018 / 8TH JYAISHTA, 1940
W.A.No.932 of 2018 IN WP(C)6994/2018
AGAINST THE JUDGMENT IN WP(C)6994/2018 of HIGH COURT OF KERALA
DATED 17-04-2018
APPELLANT/PETITIONER:
AMALJITH.C.ANU
S/O. ANU C.K, CHITTUKARALPARAMBIL HOUSE, THEVARKKADU,
VARAPUZHA P.O, ERNAKULAM DISTRICT.
BY ADVS.SRI.DEEPU THANKAN
SMT.NIMMY JOHNSON
KUM.S.KRISHNA
RESPONDENTS/RESPONDENTS:
1. MAHATMA GANDHI UNIVERSITY,
REP. BY ITS REGISTRAR ATHIRAMBUZA, KOTTAYAM - 686 560.
2. CONTROLLER OF EXAMINATIONS,
MAHATMA GANDHI UNIVERSITY,
ATHIRAMBUZA, KOTTAYAM - 686 560.
3. THE COMMISSIONER FOR ENTRANCE EXAMINATIONS,
5TH FLOOR, SANTHI NAGAR,
THIRUVANANTHAPURAM - 695 001.
4. THE PRINCIPAL,
GOVERNMENT LAW COLLEGE,
ERNAKULAM - 682 035.
R BY GOVERNMENT PLEADER SRI.ARAVINDAKUMAR BABU
R BY SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29-05-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC, C.J. & DAMA SESHADRI NAIDU, J.
---------------------------------------
Writ Appeal No.932 of 2018
---------------------------------------
Dated this the 29th day of May, 2018
JUDGMENT
Antony Dominic, C.J.
The petitioner in W.P.(C)No.6994/18 is the appellant. He is blind. He completed his LLB course during the year 2014-2017 from the 4th respondent college. He applied for admission to LLM commencing from the academic year 2018 in a seat reserved for blind candidates. His grievance was that the results of the supplementary examinations for the subject Family Law Paper II in the second semester is got unduly delayed and as a result thereof, he is prevented from securing admission. It is with that grievance the writ petition was filed.
2. By the judgment under appeal, the learned Single Judge disposed of the writ petition recording the undertaking of the University that results would be announced by the end of June 2018. It is contending that if the results are delayed even after Writ Appeal No.932 of 2018 : 2 :
the time prescribed by the learned Single Judge, the appellant will lose his chance to get admission to LLM Course which has already been commenced from March 2018 and seeking an early publication of the results, this appeal is filed.
3. We heard the counsel for the appellant, learned Standing Counsel appearing for respondents 1 and 2 and also the learned Government Pleader appearing for respondents 3 and 4.
4. When the matter was initially heard, we directed the Standing Counsel for the University to obtain instructions as to whether the result in question would be confidentially communicated to the college so that the fourth respondent can process the application of the appellant on that basis. After obtaining instructions, Standing Counsel submitted before us yesterday that results can be communicated confidentially within two weeks provided the prescribed application for that purpose is filed by the appellant. The counsel also submitted that marks so communicated will not contain grace marks, if Writ Appeal No.932 of 2018 : 3 :
any. Thereupon, this court passed an interim order dated 28.5.2018 directing the learned Government Pleader to ascertain as to whether any seat reserved for blind is available in the college and whether any prejudice will be caused, if the seat is ordered to be kept vacant for two weeks for the University to communicate the results confidentially. We also wanted the learned Government Pleader to submit whether there is any superior claimant for the seat. Accordingly, instructions have been obtained and today we are informed by the learned Government Pleader that although admissions for the academic year have been completed on 31.3.2018, a seat reserved for blind candidate is still remaining unfilled on account of the absence of any claimant other than the appellant. It is also submitted that if the University communicates the result of the appellant confidentially as undertaken by them, the seat can be kept unfilled for another two weeks.Writ Appeal No.932 of 2018
: 4 :
5. Now that aforesaid submission have been made before us, we feel that this appeal can be disposed of directing that if the appellant files prescribed application, immediately the university will confidentially communicate to the fourth respondent the mark list of the supplementary examination written by the appellant in Family law Paper II. It is ordered that if mark list is so communicated, the fourth respondent shall take that also into account and on that basis decide on the eligibility of the appellant for getting admitted for LLM course commencing in the academic year 2018-2019, if the appellant is otherwise eligible.
With these directions, this appeal is disposed of.
Sd/-
ANTONY DOMINIC, CHIEF JUSTICE Sd/-
DAMA SESHADRI NAIDU, JUDGE jes