LAWS(KER)-2013-10-34

GAYATHRI V. Vs. STATE OF KERALA

Decided On October 18, 2013
Gayathri V. Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) PETITIONERS are candidates who have joined Bachelor of Architecture course during the present academic year on the basis of allotment made by the Controller of Entrance Examinations. Two of the said candidates are in Government colleges and others in Self -financing institutions. They aspire to get admission in T.K.M.Engineering College and it is not in dispute that there are 12 seats vacant in the said college.

(2.) THE issue had arisen on account of belated admission to additional 40 seats in T.K.M.Engineering College. As per the instructions issued by the Controller of Entrance Examinations and as per the prospectus, only two allotments were made. By that time, the additional 40 seats in T.K.M.Engineering College for the aforesaid course was not available and the same was permitted only on 14/08/2013. In fact, by that time, the allotments had already been completed. Thereafter, the Government permitted admission to students in the additional 40 seats by way of spot allotment. The petitioners are persons who applied for joining the said course at T.K.M.Engineering College, but their applications were rejected on the ground that they had already joined other self - financing/Government Colleges by way of option exercised by them in the earlier allotments. This is in terms of Clause 11.6.9 of the prospectus.

(3.) THE complaint of the petitioners is that when 12 seats are still vacant in the said college, there is no reason why they should not get admission in the T.K.M.Engineering College. The delay in the said additional 40 seats being part of the allotment occurred only on account of the delay by the Government in permitting admission to the said 40 seats for which the students should not be put to difficulty.