Kerala High Court
Mariyam Mathews vs The Principal on 18 September, 2020
Author: Devan Ramachandran
Bench: Devan Ramachandran
W.P.C.19255 /2020 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 18TH DAY OF SEPTEMBER 2020 / 27TH BHADRA, 1942
WP(C).No.19255 OF 2020(F)
PETITIONER/S:
MARIYAM MATHEWS,
AGED 22 YEARS,
D/O.MATHEWS VARGHESE, KANJIRAVELIL HOUSE,
MANGATTOOR, KOLENCHERY P.O. 682 311.
BY ADVS.
SRI.A.T.ANILKUMAR
SMT.V.SHYLAJA
RESPONDENT/S:
1 THE PRINCIPAL, GOVERNMENT LAW COLLEGE,
ERNAKULAM 682 018.
2 THE REGISTRAR,
MAHATMA GANDHI UNIVERSITY,
ATHIRAMPUZHA, KOTTAYAM 686 562.
SRI.V.MANU - SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.C.19255 /2020 2
JUDGMENT
Dated this the 18th day of September, 2020 The petitioner has approached this Court seeking a direction to the 1st respondent - Principal of the Government Law College, Ernakulam to allot her an eligible seat in the LLB (Three Year Course), without insisting for production of Migration Certificate/Transfer Certificate, which she says that she has been unable to obtain on account of the COVID-19 pandemic restrictions from the Delhi University, where she is presently pursuing her studies.
2. The petitioner says that as is evident from Ext.P5, she has already applied for a Migration Certificate from the Delhi University, but that it cannot be issued by the said University, unless she gets a confirmation that she will be entitled to pursue her studies under the Mahatma Gandhi University. She further says that, as is clear from Ext.P3 issued by the Principal of St.Stephen's College, Delhi, no separate Transfer Certificate will be issued by the said College and that it has been clarified therein that the Migration Certificate issued by the Delhi University will be treated as a Transfer Certificate also.
3. The petitioner, therefore, prays that this writ petition be ordered in the manner prayed for, since the date for production of the documents as per the schedule published by the Commissioner for W.P.C.19255 /2020 3 Entrance Examinations in Kerala is 19.09.2020.
4. In response to the afore submissions made on behalf of the petitioner by her learned counsel Sri.A.T.Anil Kumar, the learned Senior Government Pleader Sri.V.Manu, submitted that it will not be normally possible to grant admission to the petitioner in the 1 st respondent College without necessary Migration Certificate and Transfer Certificate. He says that this has been insisted in the prospectus also, so as to ensure that the petitioner does not waste a seat in the College by blocking in another College. He says that, however, if the petitioner undertakes before this Court that she will not give up the seat to be offered to her in the Govt.Law College, Ernakulam, then he leaves it to this Court to issue appropriate orders.
5. On hearing the learned Senior Government Pleader as afore, Sri.A.T.Anil Kumar, learned counsel for the petitioner, submitted that his client undertakes that she is a bonafide candidate and that she intends to join the Government Law College, Ernakulam, if this Court is so pleased to allow her.
6. Taking note of the afore submissions and adverting to Ext.P3 certificate issued by St.Stephen's College which shows that the Migration Certificate issued by the Delhi University has to be treated as a Transfer Certificate also I direct the 1 st respondent to consider the petitioner for admission to the College without production of the W.P.C.19255 /2020 4 Migration Certificate/Transfer Certificate, on condition that the petitioner will produce appropriate Migration Certificate within a period of one month from the date on which she secures admission. I also direct the petitioner to file an appropriate affidavit before the 1 st respondent that she will not waste the seat if offered to her and that she will pursue her education, based on the admission obtained by her on the strength of this judgment.
This writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN JUDGE DG W.P.C.19255 /2020 5 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE ALLOTMENT LETTER DATED 09/09/2020.
EXHIBIT P2 THE TRUE COPY OF THE ONLINE RECEIPT SHOWING THE PAYMENT OF FEES DATED 22/08/2020.
EXHIBIT P3 THE TRUE COPY OF THE PROVISIONAL CERTIFICATE OF THE PETITIONER IN RESPECT OF HER BSC PHYSICS COURSE DATED 16/06/2020.
EXHIBIT P4 THE TRUE COPY OF THE DATA SHEET OF THE PETITIONER DATED 10/09/2020.
EXHIBIT P5 THE TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE DELHI UNIVERSITY FOR MIGRATION CERTIFICATE 23/08/2020.
EXHIBIT P6 THE TRUE COPY OF THE FEE RECEIPT SHOWING THE PAYMENT OF REQUIRED FEES FOR MIGRATION CERTIFICATE DATED 10/09/2020.