Kerala High Court
Jekko Paul Akkarappatty vs The Commissioner For Entrance ... on 19 January, 2021
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942
WP(C).No.22 OF 2021(C)
PETITIONER:
JEKKO PAUL AKKARAPPATTY,
AGED 19 YEARS,
AKKARAPPATTY HOUSE, 113, SUVARNA NAGAR,
BEHIND POTTAYIL TEMPLE, EROOR(WEST)P.O,
TRIPUNITHARA, EROOR WEST, ERNAKULAM - 682 306.
BY ADVS.
SRI.SANTHOSH MATHEW
SRI.ARUN THOMAS
SRI.JENNIS STEPHEN
SRI.VIJAY V. PAUL
SMT.KARTHIKA MARIA
SRI.ANIL SEBASTIAN PULICKEL
SMT.DIVYA SARA GEORGE
SMT.JAISY ELZA JOE
SRI.ABI BENNY AREECKAL
SMT.LEAH RACHEL NINAN
SMT.NANDA SANAL
RESPONDENTS:
1 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS,
5TH FLOOR, HOUSING BOARD BUILDINGS,
SANTHI NAGAR,THIRUVANANTHAPURAM - 695 001.
2 THE PRINCIPAL/OFFICER-IN-CHARGE OF ADMISSIONS,
MODEL ENGINEERING COLLEGE,
THRIKKAKARA,ERNAKULAM - 682 021.
3 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT,GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
*ADDL. R4 DIRECTORATE OF TECHNICAL EDUCATION,
PADMAVILASOM ROAD, FORT P.O, THIRUVANANTHAPURAM,
KERALA-695 023, REPRESENTED BY ITS DIRECTOR.
WP(C).No.22 OF 2021(C)
2
*ADDL. R5 CENTRAL SEAT ALLOCATION BOARD-2020
(CSAB-2020) AND DIRECTOR, MNNIT, ALLAHABAD,
PRAYAGRAJ - 211 004,
REPRESENTED BY ITS CHAIRMAN.
*ADDL. R4 AND R5 ARE IMPLEADED AS PER ORDER DATED
06-01-2021 IN I.A. 1/21 IN WP(C)22/2021.
BY ADVS. SRI.DEEPU THANKAN, SC, IHRD
SRI.P.VIJAYAKUMAR, ASG OF INDIA
SRI.M.A.ASIF, SPECIAL GOVT. PLEADER
SRI.DAYA SINDHU SREEHARI,CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.22 OF 2021(C)
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JUDGMENT
The grievance of the petitioner is that the 2nd respondent is not taking any action on the request of his father for transferring him from Electronics and Communication Engineering Branch to one of the vacant seats in the Branch of Computer Science of B.Tech Degree Course in the 2nd respondent College.
2. It is stated that the petitioner appeared in the Kerala Engineering/Pharmacy/ Architecture/Medical and Medical Allied Courses (KEAM) 2020 entrance examination and got allotment in the 2nd respondent College as per Ext.P4 Allotment Memo in the Centralised Allotment Process, in the Management Quota and he was admitted in the College. It is stated that 4 seats in Computer Science in the WP(C).No.22 OF 2021(C) 4 2nd respondent College are reserved for admission under the All India Quota and those seats are not filled up so far. The petitioner points out that the last date fixed by the AICTE, for admission to B.Tech courses was 31.12.2020. So far, the Government of India has not issued any orders allotting any candidates for admission in the reserved seats. Under these circumstances, the petitioner's father had submitted Ext.P9 representation before the Principal - the 2nd respondent, requesting to conduct admission in the Computer Science branch against the vacancies remaining unfilled in the Government of India quota by transferring his son to the the vacant seat in Computer Science branch. As per Ext.P10 e-mail, Principal informed the petitioner's father that seats are reserved for students, who are natives of Lakshadweep, WP(C).No.22 OF 2021(C) 5 and if the seats are lapsed, that can be filled up only in the 3rd semester as per Government instructions. The petitioner has approached this Court at this stage, seeking a direction to the respondent to give him admission against one of the seats remaining unfilled in the branch of Computer Science.
3. The 2nd respondent has filed a counter affidavit stating that he is not empowered to give admission to the petitioner in the seat lying vacant in the Government of India category for B.Tech (Computer Science) Engineering. It is also stated that the Director of Technical Education has to release the seats to the respondent and certain procedures have to be observed in this matter. It is also stated in this counter affidavit that there are 4 seats in B.Tech (Computer Science) Engineering and also one seat in WP(C).No.22 OF 2021(C) 6 Electrical and Electronics Engineering under the Government of India category. It is stated that as per the KEAM prospectus, the seats reserved under the Government of India category can be filled, only if the seats are released by the Commissioner of Entrance Examination, on his directions. The 2nd respondent has also stated that once the seats reserved for Government of India quota get lapsed, the College has to report to the Government and after obtaining permission, such seats are filled through inter collegiate transfer in the 2nd year.
4. Sri. M.A.Asif, learned Special Government Pleader submits that transfers can be made against the unfilled seats only in the next academic year.
5. Heard Sri. Santhosh Mathew, the learned counsel for the petitioner; WP(C).No.22 OF 2021(C) 7 Sri. M.A.Asif, the learned Special Government Pleader for respondents 1, 3 and 4; Sri. Deepu Thankan, learned Standing Counsel for 2nd respondent and Sri. Daya Sindhu Sreehari, learned CGC for the 5th respondent.
6. Nobody has a case that after 31st December, any fresh admission can be made. Therefore there would not be any more allotment under the Government of India quota. The 4 seats would therefore remain unfilled. The respondents have admitted that the vacancies can be filled up by transfer in the next academic year. It is seen that the petitioner is already admitted in the 1st year course and as far as the 1st year is concerned, the syllabus is the same for all the branches and that is apparently why interbranch transfers are given in the next academic year. In case the transfers can be WP(C).No.22 OF 2021(C) 8 made in the next academic year, there cannot be any legal impediment for filling up such vacancies this year itself by interbranch transfer.
Therefore I am of the view that it is only appropriate that the 2nd respondent is permitted to fill up the seats lying vacant in the 2nd respondent College by transfer adopting any transparent process.
The writ petition is accordingly
disposed of. Sd/-
P.V.ASHA
JUDGE
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WP(C).No.22 OF 2021(C)
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CANDIDATE'S DATA SHEET OF
THE PETITIONER ISSUED BY THE COMMISSIONER FOR ENTRANCE EXAMINATIONS.
EXHIBIT P2 TRUE COPY OF THE OPTION LIST SUBMITTED BY THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE LAST RANK DETAILS OF MODEL ENGINEERING COLLEGE, THRIKKKARA, ISSUED BY THE OFFICE OF THE COMMISSIONER OF ENTRANCE EXAMINATIONS.
EXHIBIT P4 TRUE COPY OF THE ALLOTMENT MEMO ISSUED TO THE PETITIONER BY THE OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATIONS. EXHIBIT P5 TRUE COPY OF THE DETAILS OF THE FEE REMITTED BY THE PETITIONER TO THE PRINCIPAL, MODEL ENGINEERING COLLEGE, THRIKKAKARA.
EXHIBIT P6 TRUE COPY OF THE RELEVANT PORTIONS OF THE PROSPECTUS FOR KEAM 2020 ISSUED BY THE COMMISSIONER FOR ENTRANCE EXAMINATIONS. EXHIBIT P7 TRUE COPY OF THE GOVERNMENT ORDER - G.O(RT) NO.1417/2020/HEDN DATED 13.11.2020. EXHIBIT P8 TRUE COPY OF THE COMMUNICATION DATED 3-12- 2020 ISSUED BY THE MEMBER SECRETARY OF AICTE TO ALL AICTE APPROVED COLLEGES/ INSTITUTIONS/UNIVERSITIES.
EXHIBIT P9 TRUE COPY OF THE REQUEST DATED 31.12.2020 SUBMITTED BY THE PETITIONER'S FATHER TO THE 2ND RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE REPLY DATED 02.01.2021 RECEIVED BY THE PETITIONER'S FATHER FROM THE PRINCIPAL OF THE 2ND RESPONDENT COLLEGE.