T. SUBINI Vs. UNIVERSITY OF KERALA

JUDGEMENT

(1.) The petitioner, T. Subini, passed Pre degree Examination conducted by the University of Kerala in April 1991. The photostat copy of the mark list dated 23-6-1991, which is marked as Ext. P 1, shows that the petitioner secured 120 marks in English out of 300 and 83 marks in additional language (Hindi) out of 150. So far as the optional subjects of Physics, Chemistry and Mathematics are concerned, she secured 56, 72 and 52 marks respectively, the maximum in each of the subjects being 150. That would mean that the total marks obtained in so far as the optional subjects alone are concerned, will be 56+72 + 52= 180 marks out of 450 marks. The marks obtained by her in English and Hindi would be 120+83 = 203 out of 450 marks. The grand total of the marks obtained by her in all the subjects, that is, English, Hindi plus all the three optional subjects will be 383 out of 900 marks.

(2.) While that was the factual position as per Ext. P1 mark list, when the petitioner applied to the second respondent - College for admission to the B. Sc. degree course, the petitioner filled up the application form (photostat copy of which is now produced before us by the second respondent as Ext. R5(1)), she mentioned that she got 120 marks out of 300 for English, 83 out of 150 for Hindi and in the optional subjects, 56 out of 150 in Physics, 72 out of 150 in Chemistry and 52 out of 150 in Mathematics and instead of 180 as the total in optional subjects, she mentioned 383 marks. So far as the other column relating to grand total is concerned, she left it blank. When the college authorities took up the various applications for considering them for admission, they simply went by the wrong total given in the application by the petitioner. In other words they thought that the petitioner had obtained 383 marks out of 450 optional subjects whereas the petitioner had obtained only 180 marks out of 450. The college authorities filled up the last column in the application form under the head 'grand total' and put the figure 586 which was arrived at by adding another 203 marks (120+83) to 383. In other words, the grand total was arrived at by the college authorities by adding 120 + 83 marks (marks obtained in English and Hindi) which is already part of the marks 383 mentioned by the petitioner in the column relating to the 'total for the optional subjects. It is on account of the above mistake that the petitioner was given admission. This mistake was discovered on 13-8-1991 within two day's of the admission the petitioner was not allowed to attend classes and a show cause notice was later issued on 9-9-1991. It stated that the petitioner had given wrong information in her application and that led to a mistake and the college authorities would like the petitioner to show cause why her admission should not be cancelled. Petitioner initially did not receiver the notice, but ultimately a reminder was given on 19-9-1991. At that stage, she filed the present Writ Petition.

(3.) When the Petition writ came up before the learned single Judge, h directed the matter to be placed before a Division Bench on the ground that in a similar matter, a Division Bench of this Court admitted a Writ Appeal.