LAWS(KER)-2012-12-287

SANDHYA M. Vs. UNIVERSITY OF KERALA

Decided On December 05, 2012
Sandhya M. Appellant
V/S
UNIVERSITY OF KERALA Respondents

JUDGEMENT

(1.) THE Writ Petitioner, after passing B.A. Degree Examination with 65% marks sought for admission to the PG course conducted by the 1st respondent and opted for four colleges. The petitioner belongs to Latin Catholic Community included in the SEBC category, she has attended in the 3rd respondent -College for admission, it is stated that even though the petitioner was included as item No. 13 in the list Exhibit P3, four persons have been granted admission having less index marks than the petitioner. It is therefore pointed out that the admission granted to others amount to denial of the petitioner's legitimate claim. Accordingly, the petitioner seeks for a direction to respondents 1 to 3 to admit her in the 1st M.A.English PG Course for the academic year 2012 -2013 in the 3rd respondent -College. The Principal has filed a counter affidavit. From paragraph No. 7, it can be seen that admission process was taken on line. The university did not allot any candidates to the College for M.A.English in the 1st and 2nd allotment and in the 3rd allotment published on 18.9.2012, a list of 10 candidates were published. Six candidates from the said list appeared for the interview and they were admitted in the open merit quota. The 4th allotment was published on 18.10.2012. Two candidates from the open merit list reported before the College and they were admitted. One candidate from SC/ST category reported before the College and she was also admitted. Out of the 8 candidates admitted in the open merit quota, four candidates availed transfer certificate from the College. Accordingly, six seats for M.A.English in the open merit quota became vacant and out of the four seats reserved for SC/ST category, three seats remained vacant. From paragraph No. 8 onwards the details regarding admission granted to the students have been reiterated. The allegations raised by the petitioner have been denied, along with the details.

(2.) IT is stated in paragraph No. 22 that one Santhanu S.G. admitted in the open merit quota on 8.11.2012 in the college has obtained transfer certificate from the college on 30.11.2012. The said seat is vacant in the open merit quota. It is submitted by the learned counsel for the College that the College has not violated the norms while granting admission. It is also submitted that regarding the said vacancy, the university alone can allot a candidate. The learned Standing Counsel for the university submitted that the university will take appropriate steps in terms of the allotment roster, if there is no other legal impediment. Appropriate steps will be taken in the matter expeditiously, at any rate, within a period of two weeks from the date of production of a certified copy of this judgment.