SHAJEED S Vs. COMMISSIONER OF ENTRANCE EXAMINATIONS

JUDGEMENT

(1.) This Writ Petition is filed with the prayers (1) for a direction to the first respondent the Commissioner for Entrance Examinations, Thiruvananthapuram, to issue allotment memo to the petitioner enabling him to join the Government Law College, Ernakulam, for the five year LL.B Course, (2) for a direction to the third respondent, the Principal, Government Law College, Ernakulam, to admit the petitioner to his College for the five year LL.B. Course and (3) for a direction to the second respondent, the Controller of Examinations, University of Kerala, to issue a pass certificate with the percentage of marks secured by the petitioner in the Pre - degree Examination.

(2.) The first respondent issued Ext. P3 notification dated 05/05/2008 inviting applications for entrance examination for admission to five year LL.B. Course in the Government Law Colleges in Kerala. The educational qualification prescribed was a pass, with 40% marks, in the Plus Two Examination conducted by the Higher Secondary Department of the Kerala State or equivalent examination recognised by the Universities in Kerala. The petitioner passed Pre - degree Examination conducted by the Kerala University with 41.89% marks i.e. 377 marks out of 900 marks. Exts. P1 and P2 are the copies of the certificates issued by the second respondent showing these facts. Pursuant to Ext. P3, the petitioner had applied for the five year LL.B Course. He had secured rank No. 360 in the entrance examination. Subsequently, the first respondent issued Ext. P4 notification dated 03/09/2008 requiring the rank holders to report for the Centralized Allotment Process (CAP) for admission to five year LL.B. Course with the original documents to prove academic eligibility etc. Accordingly, the petitioner reported for CAP and submitted all the documents required as per the prospectus including Exts. P1 and P2. But, the officials who engaged in the allotment process as well as the first respondent refused to accept Exts. P1 and P2 certificates as proving the claim of the petitioner regarding his educational qualification. They insisted for a separate pass certificate with the percentage of marks issued by the University in order to prove his claim regarding educational qualification. Therefore, the petitioner submitted Ext. P6 application to the second respondent for issuing a pass certificate with the marks and the percentage of marks secured by him in the Pre - degree Examination. He has also remitted Rs.100/- for that purpose and Ext. P7 is the receipt issued by the University for the same. The petitioner was informed from the University that the certificate applied for cannot be granted as there was no provision for the same. The first respondent published Ext. P5 list of candidates allotted to the Government Law College, Ernakulam, in which serial number of the petitioner is 62. Since the first respondent insisted for a pass certificate with the percentage of marks secured and the petitioner was not in a position to produce such a certificate, apprehending that he would be deprived of his right to get admission to the course, he has approached this Court with this Writ Petition.

(3.) Heard the learned counsel appearing for the petitioner, learned Senior Government Pleader appearing for the respondents 1 and 3 and the learned Standing Counsel appearing for the second respondent. The Standing Counsel for the University of Kerala has initially filed a statement and, subsequently, the second respondent has filed a counter - affidavit. The respondents 1 and 3 have not filed counter - affidavits.