CISLY GRASHIOUS Vs. STATE OF KERALA

JUDGEMENT

(1.) The captioned writ appeal is filed by the writ petitioner challenging the judgment of the learned single Judge dated 23.11.2020 in W.P.(C) No. 25637 of 2020, whereby the following reliefs sought for in the writ petition were declined.

(2.) Brief material facts for the disposal of the writ appeal discernible from the memorandum are as follows:

(3.) The case put forth by the appellant in the writ petition was that considering the difficulties arising from the pandemic situation, due to the outbreak of Covid-19, the Bar Council of India resolved to grant 10% additional seats for LLB courses in the Law Colleges in the State of Kerala as a one-time measure as per the decision of the Council dated 23-09-2020 and accordingly, communicated all concerned as per Ext.P4 letter dated 25-09-2020. The Principal, Law College, Ernakulam applied to the Bar Council of India for allotment of additional seats. While the continuation of the process was pending before the University and the State Government, the Commissioner of Entrance Examinations went ahead with the admission process and accordingly, issued a notification dated 17.10.2020 in respect of the on-line mop up allotment for Three Year LLB course 2020-21. She, accordingly, attended the spot admission held on 27.10.2020 before the principal Government Law College, Ernakulam in accordance with the conditions laid down in Ext.P6 communication issued by the Commissioner for Entrance Examinations dated 27.10.2020. The appellant was ranked 5th in the rank list. The person shown as serial No.1 was given admission on 27.10.2020 and according to the appellant, remaining persons were told that they will be considered for admission in future against the available vacancies. Anyhow, later by Ext. P9 notification dated 16.11.2020, the Commissioner of Entrance Examinations informed the Principal of Law Colleges regarding filling up of the 10% additional seats permitted by the Bar Council by spot admission. However, Ext. P9 contained a stipulation that those who are included in the rank list published by the Commissioner for Entrance Examinations and those students who have not yet obtained admission so far alone shall be given admission to the additional seats. Therefore, the crux of the challenge made by the appellant was that, the said condition is illegal and unjustifiable, since less meritorious students than the appellant would secure seats, and that the condition so imposed interfered with the Ext. P7 list prepared by principal of the Government Law College Ernakulam as per the order of the commissioner dated 17-10-2020 for spot admission .