CISLY GRASHIOUS Vs. STATE OF KERLA

JUDGEMENT

(1.) Both these Writ Petitions are filed by the students, who got admission in Law Colleges on the basis of allotment based on the rank in the entrance examination for 3 year LLB course in Kerala. The first option of both the petitioners was Government Law College, Ernakulam. Smt.Cisly Grashious, petitioner in WP(C) No.25637 of 2020 was rank no.249 who got admission in a self finance College at Poothotta and Smt.Shabana Yasmin, petitioner in WP(C) No.25725 of 2020 was rank no.416 who got admission in the Muslim category in Government Law College, Thrissur. Both of them appeared in the spot admission conducted on 27.10.2020 against the seats which were vacant after the process of allotment.

(2.) Subsequent to the said spot admission, additional seats were sanctioned to the extent of 10% in the Government Law Colleges. The Commissioner for Entrance Examination issued a notification dated 16.11.2020 (Ext.P9 in WP(C) No.25637/2020)) directing the respective Principals of the Law Colleges to conduct spot admission as against the 10% seats additionally sanctioned by the Bar Council provided they received approval from the Bar Council as well as orders from the Government. In Ext.P9 order it was ordered that only those candidates who are included in the rank list published by the Commissioner for Entrance Examination but have not got admission in any Law Colleges so far, shall be considered against the 10% seats additionally sanctioned. Consequent to Ext.P9, Principal, Government Law College, Ernakulam issued Ext.P10 notification dated 19.11.2020 (produced along with I.A.No.1 of 2020) announcing that spot admission would be conducted on 24.11.2020 against the seats remaining vacant under the EWS quota and against the 10% seats additionally sanctioned by the Bar Council. This notification also contained the very same condition that only those who are included in the rank list and who have not been admitted so far alone would be considered in the spot admission. The petitioners are challenging this condition in Exts.P8 and P9 notifications.

(3.) According to the petitioners there is already a rank list(Ext.P7 in W.P.C.No.25637/2020) for the spot admission conducted on 27.10.2020 and therefore only after exhausting that list the Principals shall make further admissions. It is their contention that the merit will be sacrificed in case only those who are not given admission so far are admitted. The learned counsel also pointed out that spot admission cannot be conducted against the additionally sanctioned seats unlike the seats which remained vacant after conducting allotment in the regular process.