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2021 Supreme(Online)(KER) 9679
HIGH COURT OF KERALA
N. NAGARESH, J
BAVYA RAJ.P – Appellant
Versus
COMMISSIONER FOR ENTRANCE EXAMINATIONS – Respondent
WP(C)/26961/2021
D.NARENDRA NATH, M.HARISHARMA, SRI.P.G.PRAMOD, GOVERNMENT PLEADER
Courts can exercise discretion in educational admissions under special circumstances, even post-deadline.
Headnote:
Admission - Education - Writ Petition Section List - The court addressed the petitioner's plea for reconsideration of admission to a law college based on special circumstances, highlighting the legal framework for admissions and the role of interim relief in educational matters.
Fact of the Case:
The petitioner, a Kudumbi community OBC aspirant, sought admission to Government Law College, Thrissur for the Five Year LLB Course, citing the need to support her widowed mother and highlighting a vacant seat due to another student leaving.
Finding of the Court:
The court found that a seat was available at the desired college and determined that granting admission would serve the interest of justice, considering the petitioner's circumstances.
Issues: Whether the petitioner is entitled to admission to Government Law College, Thrissur despite the deadline having passed.
Ratio Decidendi: The court held that the special circumstances of the petitioner warranted a deviation from standard admission procedures, allowing for consideration beyond the formal deadline.
Final Decision: The court directed the admission of the petitioner to Government Law College, Thrissur.
JUDGMENT
Dated this the 22nd day of December, 2021 The petitioner who is an aspirant for admission to the Five Year LLB Course, 2021 is before this Court seeking to direct the 1st respondent to reconsider the allotment made as per Ext.P3 and allot a seat to the petitioner in the Government Law College, Thrissur.
2. The petitioner submits that the petitioner belongs to Kudumbi community which is categorised as OBC community. The petitioner is a resident of Thrissur. The petitioner's mother is practising as a lawyer at Thrissur and is a widow.
3. The petitioner has been allotted a seat in the Government Law College, Kozhikode. As the petitioner is the only daughter of her mother, who is a widow, the presence of the petitioner is required at Thrissur. Therefore the petitioner approached this Court seeking to consider the petitioner for admission in Government Law College, Thrissur for the Five Year LLB Course.
4. When this writ petition came up for admission on
29.11.2021, this Court passed an interim order directing the 3rd respondent to consider her application for spot admission to the Government Law College, Thrissur, if an application is made within time. The petitioner submits that though the petitioner could not get a spot admission as directed by this Court, one of the student studying in the Government Law College, Thrissur obtained Transfer Certificate and joined some other institution for 5 Year LLB Course. Therefore there is a seat available for the 5 year LLB Course in Government Law College, Thrissur in the current academic year.
5. The learned Government Pleader opposed the writ petition and submitted that since the last date for joining the LLB Course is over by 30.11.2021, no orders can be passed in the writ petition at this stage.
6. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.
7. It is to be noted that the petitioner approached this Court on 29.11.2021 filing the writ petition. This Court passed an interim order directing the 3rd respondent to consider the application of the petitioner for spot admission to Government Law College, Thrissur. However, the petitioner was not granted spot admission. The facts reveal that at the same time, there is one seat in the Government Law College, Thrissur which is vacant due to one student obtaining Transfer Certificate and opting out. In the circumstances, this Court is of the firm view that leaving one seat vacant in the College will not be in the interest of anybody. At the same time, if the petitioner is permitted to join the Government Law College, Thrissur, that will be a great help to the petitioner as well as petitioner's mother who is a widow and a practising lawyer at Thrissur.
8. Taking into consideration the facts and circumstances of the case and treating this writ petition as a special case, there will be a direction to the 3rd respondent to admit the petitioner for the Five Year LLB Course during current academic year and treat the admission of the petitioner as regular for all purpose.
The writ petition is disposed of as above.
