2021 Supreme(Online)(KER) 44720
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 8TH DAY OF NOVEMBER 2021/17TH KARTHIKA, 1943 WP(C) NO. 23107 OF 2021 PETITIONER:
KRISHNA MOHAN, AGED 22 YEARS, D/O.LATE MOHAN, THUNDIL HOUSE, MAANAMBUZHA, KUNNATHOOR, KUNNATHOOR P.O., KOLLAM DISTRICT, PIN-690 540.
BY ADVS.
JOHN JOSEPH MADONA LOPEZ RESPONDENT:
THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001.
BY ADV.SRI.RANJITH K.R., G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
['JOHN JOSEPH', '', 'MADONA LOPEZ', 'GOVERNMENT PLEADER']
JUDGMENT
Dated this the 8th day of November, 2021 The petitioner who is an under Graduate decided to join LLB five year course and she applied for the Entrance Examination in August, 2021. Due to Dengue fever, the petitioner was admitted in a hospital and was discharged from the hospital only on 14.10.2021 and was advised to take complete rest for seven days. In the meanwhile, the date for making options for the admissions in Institutions expired on 16.10.2021. The petitioner therefore made request on 22.10.2021 by Registered Post as well as through E-mail seeking to permit her to appear in the second phase of admission.
2. The learned counsel for the petitioner urged that the petitioner has secured 645th rank in the Entrance Examination for five year LLB Course. The time limit for making option was completed as directed and the petitioner could not exercised her option due to her hospitalisation consequent to Dengue fever. As the petitioner has secured sufficiently high rank, it will be only just and proper to permit the petitioner to appear in the second phase of allotment.
3. The learned Counsel Sri.John Joseph appearing for the petitioner contended that no harm will be caused to the respondent or anyone else in granting a chance for option to the petitioner for admission in any of the Government Law Colleges or in the Government quota of Management Colleges in Ernakulam District, in view of petitioner's high rank. There will be second allotment, 3rd allotment and spot admissions also to complete the admission process. Hence in order to secure the seat according to the rank obtained by the petitioner, it would be highly just and proper to permit the petitioner to exercise option in the subsequent allotment processes.
4. The learned Government Pleader filed a statement and opposed the writ petition. The learned Government Pleader submitted that candidates were allowed to register their options through the candidate portal from 09.10.2021 to 16.10.2021, 5 p.m. The petitioner did not avail the opportunity. The first phase of allotment was published on 18.10.2021. The allotment is done on the basis of online options registered by the candidates. Clause 15 of the Centralised Allotment Process and Online Submission of Options of the prospectus describes the procedure for online submission of options step by step. Those candidates who fail to register their options online will not be considered for allotment under any circumstances. Therefore the writ petition is devoid of any merit and it is liable to be dismissed.
5. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondent.
6. It is true that the petitioner has obtained a fairly good rank in the Entrance Examination. However the petitioner could not appear in the allotment process due to hospitalisation consequent to Dengue fever. The allotment processes are conducted by a step by step process. A person who could not appear in the first stage allotment process, loses chance to appear in the second allotment. If such candidates are permitted to avail subsequent options, the entire allotment processes will be adversely affected. The petitioner was afflicted with Dengue fever at a crucial time. It can be treated only as an accident in petitioner's academic career.
In the circumstances, this Court find no reason to interfere in the allotment process. The writ petition fails and it is dismissed. The petitioner will be at liberty to seek spot admission to the LLB Course and approach the Principals of the Government Law Colleges, if the petitioner is otherwise eligible to avail the chance of spot admission.
Sd/-
N. NAGARESH JUDGE
APPENDIX OF WP(C) 23107/2021 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE ENTRANCE EXAMINATION RESULT OF THE PETITIONER PUBLISHED BY THE RESPONDENT.
Exhibit P2 TRUE COPY OF THE DIAGNOSIS REPORT AND SHOWING THE DATE OF ADMISSION AND DATE OF DISCHARGE OF THE PETITIONER.
Exhibit P3 TRUE COPY OF TH